Electoral Act 1907

The returning officer must open the sealed packets of ballot papers made up under sections 146G(1)(c)(i) and 146H(1)(b)(i) and forwarded to the returning officer under section 146H(1)(f), and must make a fresh scrutiny of the ballot papers contained in the packets and the ballot papers transmitted to the returning officer under section 142A(4), and for this purpose the returning officer has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an assistant returning officer, returning officer for the district or any other officer in relation to the original scrutiny as to the admission or rejection of any ballot paper.

The returning officer shall ascertain the result of the polling using the method provided in Schedule 1.

For the purposes of subsection (2) the returning officer may, if the returning officer thinks fit —

cause the preferences indicated on ballot papers to be recorded in an automated form; and

on the basis of the information so recorded, use automated means to carry out the procedures set out in Schedule 1 other than the procedures referred to in clauses 12, 15 and 17 of that Schedule for resolving equalities of votes or surpluses under those clauses.

For proceedings under subsection (3) the requirements of section 134(4) are met if —

the recording of preferences in an automated form is subject to the inspection of the scrutineers; and

the scrutineers have access to the information so recorded and information as to the results obtained by using automated means to carry out the various procedures set out in Schedule 1.

If the result of the election is ascertained in accordance with subsection (3) —

when transmitting documents to the Electoral Commissioner under section 151(d), the returning officer shall transmit to the Electoral Commissioner a copy, in an automated form, of the information recorded under subsection (3)(a); and

despite section 152(1)(b), ballot papers do not have to be preserved or held in custody after the election can no longer be questioned if the preferences on them have been recorded in an automated form; and

despite section 155(2), books, documents or papers used for or in connection with a general election for the Council may be destroyed under section 155(1) if the books, documents and papers have been recorded in an automated form; and

section 155 extends to information recorded in an automated form; and

on any recount, under section 156D, of the votes on the ballot papers used in the counting of votes at the election, the Electoral Commissioner shall, on the basis of the information recorded under subsection (3)(a), use automated means to carry out the procedures set out in Schedule 1 (as modified to give effect to section 156D(5) to (7)) other than the procedures referred to in clauses 12, 15 and 17 of that Schedule for resolving equalities of votes or surpluses under those clauses.

In this section automated means involving the use of a computer.

[Section 146I inserted: No. 40 of 1987 s. 73; amended: No. 79 of 1987 s. 68 and 78; No. 43 of 1996 s. 21; No. 20 of 2021 s. 76; No. 30 of 2023 s. 100.]

146J. Re‑count, when may be conducted etc.

At any time before the declaration of the result of the election the returning officer may, if the returning officer thinks fit, on the written request of any candidate setting forth the reasons for the request, or of their own motion, re‑count the votes on the ballot papers from any district or portion of a district, or on the ballot papers contained in any parcel or on the ballot papers of any particular class.

In conducting the re‑count the returning officer shall have the same powers as if the re‑count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance or admission or disallowance or rejection of any ballot paper.

Section 146I(3) to (5) apply in relation to the re‑count.

[Section 146J inserted: No. 40 of 1987 s. 73; amended: No. 43 of 1996 s. 22; No. 30 of 2023 s. 182.]