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s 146H

Procedure for count of votes

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Part IVElections
Division 4BScrutiny and count (Council elections)

146H Procedure for count of votes

(1)

As soon as practicable after the close of the poll an officer must —

(a)

open all ballot boxes received from polling places within the district that have not been opened by an assistant returning officer and reject all informal ballot papers; and

(aa)

on the other ballot papers —

(i)

if there are 1 or more above‑the‑line squares on the ballot paper, count the number of first preference votes marked in that square or each of those squares; or

(ii)

in a single member election or if there are no above‑the‑line squares on the ballot paper, count the number of first preference votes given for each candidate;

and

(b)

enclose —

(i)

in 1 packet, all the used ballot papers in the officer’s possession; and

(ii)

in another packet, all the unused ballot papers in the officer’s possession; and

(iii)

in another packet all copies of rolls, books, communications from officers, or other papers or documents used or received at or in connection with the election, that are in the officer’s possession,

other than those that have been forwarded to the returning officer for the district under section 146G(1)(d); and

(c)

seal up those packets, endorse each with a description of its contents and with the name of the district and the date of the polling, and sign the endorsement; and

(d)

make out —

(i)

if paragraph (aa)(i) applies, a list of the total number of first preference votes marked in the above‑the‑line square, or each of the above‑the‑line squares, on the ballot papers contained in the packet mentioned in paragraph (b)(i); or

(ii)

if paragraph (aa)(ii) applies, a list of the total number of first preference votes given for each candidate on the ballot papers contained in the packet mentioned in paragraph (b)(i);

and

(e)

enclose —

(i)

in 1 packet, all the packets made up under section 146G(1)(c)(i) and forwarded to the officer under section 146G(1)(d), the lists forwarded to the officer with those packets, the packet made up by the officer under paragraph (b)(i) and the list made out by the officer under paragraph (d)(i) or (ii); and

(ii)

in another packet, all the packets made up under section 146G(1)(c)(ii) and forwarded to the officer under section 146G(1)(d) and the packet made up by the officer under paragraph (b)(ii); and

(iii)

in another packet, all the packets made up under section 146G(1)(c)(iii) and forwarded to the officer under section 146G(1)(d) and the packet made up by the officer under paragraph (b)(iii);

and

(f)

seal up those packets, endorse each with a description of its contents and with the name of the district and the date of the polling, sign the endorsement, and forward the packets to the returning officer.

(2)

The packets mentioned in subsection (1)(b)(i) and (e)(i), respectively, must be sealed before the scrutineers, if any, present and any scrutineer who desires to do so must be permitted by an officer to sign the record of the sealing device secured on the packet.

(3)

The list made out under subsection (1)(d)(i) or (ii) must be verified by the signature of the returning officer for the district and also by the signatures of such of the scrutineers, if any, as are present and consent to sign it.

(4)

In the case of a conjoint election subsection (1)(b)(iii) and subsection (1)(e)(iii) do not apply to papers or documents that relate to both the election for the Assembly and the election for the Council.

[Section 146H inserted: No. 40 of 1987 s. 73; amended: No. 20 of 2021 s. 75; No. 30 of 2023 s. 99.]

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Section 146H — Procedure for count of votes — Electoral Act 1907 (Western Australia) — Barrister AI