174F Scrutineers for count of early votes

(1)

Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C.

(2)

Every appointment of a scrutineer—

(a)

must be in writing; and

(b)

must be signed by the constituency candidate.

(3)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(3A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

(4)

If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from the time on polling day that is 30 minutes before the time determined under section 174C(5)(a) for the start of the count until the conclusion of the count.

(5)

No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area.

(6)

If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) and communicated to the scrutineer, the Returning Officer may—

(a)

refuse to allow the scrutineer to enter the restricted area; or

(b)

require the scrutineer to leave the restricted area.

Section 174F: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174F(3): replaced, on 21 March 2017, by section 84(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174F(3A): inserted, on 21 March 2017, by section 84(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174F(4): amended, on 21 March 2017, by section 84(2) of the Electoral Amendment Act 2017 (2017 No 9).