184 Ballot papers and certificate to be compared on recount

(1)

At any recount made as aforesaid the Returning Officer shall produce to the District Court Judge all the used ballot papers, together with the Justice’s certificate stating the total number of ballot papers used at the election.

(2)

If, on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election, the District Court Judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the Returning Officer shall be deemed to be correct, and the result of the poll declared accordingly. Where in any such case there is an equality of votes between constituency candidates and the addition of a vote would entitle one of those constituency candidates to be declared elected, the Electoral Commission must determine by lot which candidate shall be elected.

Compare: 1956 No 107 s 118

Section 184(1): amended, on 6 December 1995, by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 184(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 184(2): amended, on 6 December 1995, by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).