Referendums Act 1997

As soon as practicable after the polling day for the referendum, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures stated in this section and made under section 41A.

Firstly, the staff must—

open all ballot boxes for the electoral district that have not previously been opened; and

identify and keep in separate parcels for each different electoral district—

all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

all declaration envelopes; and

all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

for each parcel for an electoral district other than the returning officer’s electoral district—

seal the parcel; and

write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and

sign the description; and

if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and

send the parcels to the returning officer for the appropriate electoral district.

Secondly, the staff must—

open—

the parcels mentioned in subsection (2)(b) for the returning officer’s electoral district; and

all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38; and

follow the procedures set out in section 36 for all declaration envelopes; and

arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and

count the yes votes, no votes and informal ballot papers.

Thirdly, the staff must—

open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36(3); and

arrange all yes votes, no votes and informal ballot papers; and

count the yes votes, no votes and informal ballot papers; and

reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36(3), until there are no more ballot papers required to be placed in ballot boxes under that section.