Electoral Act 1993

179 Declaration of result of poll

(1)

When the official count under section 178 is completed, the Returning Officer must give the Electoral Commission the following information:

(a)

the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:

(b)

the total number of valid votes received by each constituency candidate:

(c)

the total number of informal party votes:

(d)

the total number of informal electorate votes.

(2)

As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission must declare the results of the official count for the district concerned by publishing a notice in the Gazette.

(3)

The Electoral Commission may declare the results for any number of districts on the same day, if the Electoral Commission considers it appropriate to do so.

(4)

The Electoral Commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Electoral Commission considers appropriate.

(5)

If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.

(6)

If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must determine by lot which of those candidates is to be elected.

Section 179: substituted, on 28 February 2002, by section 71(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 179(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(2): amended, on 21 March 2017, by section 88 of the Electoral Amendment Act 2017 (2017 No 9).

Section 179(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).