Electoral Amendment Act 2002

70 Counting the votes
  • (1) Section 178 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (1) On or before the completion of the scrutiny under section 175, the Returning Officer, with any assistants the Returning Officer considers necessary, and in the presence of any of the scrutineers appointed under section 175 that are present (not exceeding, unless the Returning Officer otherwise permits, 1 scrutineer for each candidate) and also in the presence of a Justice (who is to attend at the request of the Returning Officer), but of no other person, must select and open 1 of the parcels of used ballot papers referred to in section 174A(1)(a)(i).

    (2) Section 178(2) of the principal Act is amended by omitting the word booth in both places where it occurs, and substituting in each case the word place.

    (3) Section 178(5)(a) of the principal Act is amended by repealing subparagraph (i), and substituting the following sub-paragraph:

    • (i) any ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and.

    (4) Section 178(5)(c) of the principal Act is amended by omitting the expression Returning Officer in the second place where it occurs, and substituting the expression polling place manager.

    (5) Section 178(5) of the principal Act is amended by repealing paragraph (d), and substituting the following paragraph:

    • (d) the Returning Officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the Returning Officer and the Justice who attends.

    (6) Section 178 of the principal Act is amended by inserting, after subsection (5), the following subsection:

    • (5A) Despite section 60, if a voter who was qualified to vote as an elector of a particular district votes as if he or she were an elector of another district, the voter's party vote—

      • (a) may not be disallowed simply because of the voter's error with regard to the district; and

      • (b) for the purposes of this section and sections 179 to 181, is to be regarded as having been cast by an elector of the other district.