176 Marked copies of rolls to be compared

(1)

The Returning Officer or the Electoral Commissioner must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this Act or any other Act, but of no other person,—

(a)

compare (either manually or by any electronic means)—

(i)

all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and

(ii)

all records of special votes exercised; and

(iii)

the list of post-writ day deletions supplied to the Returning Officer by the Electoral Commission under section 123(b); and

(b)

compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector—

(i)

who is shown on any of the certified copies of the rolls as having received a ballot paper; or

(ii)

who is shown in any record of special votes issued as having received a ballot paper; or

(iii)

whose name is shown on the list of post-writ day deletions.

(2)

If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the Returning Officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the Returning Officer must,—

(a)

in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

(b)

select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and

(c)

subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected.

(3)

Notwithstanding subsection (2)(c), if the Returning Officer is satisfied—

(a)

that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and

(b)

that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.

(4)

If, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the Returning Officer—

(a)

must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

(b)

must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and

(c)

subject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected.

(5)

Notwithstanding subsection (4)(c), but subject to subsection (6), if the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper.

(6)

Notwithstanding subsections (4) and (5), if—

(a)

the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and

(b)

more than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and

(c)

the Returning Officer is satisfied—

(i)

that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and

(ii)

that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.

(7)

[Repealed]

(8)

Except in the case of the ballot papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted.

Section 176: substituted, on 6 December 1995, by section 54 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 176(1): substituted, on 28 February 2002, by section 69(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 176(1)(a)(iii): amended, on 21 March 2017, by section 86 of the Electoral Amendment Act 2017 (2017 No 9).

Section 176(2): substituted, on 28 February 2002, by section 69(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(4)(a): substituted, on 28 February 2002, by section 69(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(4)(b): substituted, on 28 February 2002, by section 69(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(7): repealed, on 28 February 2002, by section 69(3) of the Electoral Amendment Act 2002 (2002 No 1).