New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 350

Checking of ballot-papers in sealed envelopes

350 Checking of ballot-papers in sealed envelopes

(1) Postal votes The returning officer must on election day (at any time after 8 am) open the ballot-boxes containing postal votes received by the returning officer and take all the envelopes from them.
(2) Postal votes received after the close of the poll but before 6 pm on the first business day following election day (including those delivered to polling place managers on election day under clause 318 (5)) are to be dealt with in the same way as postal votes received before the close of the poll.
(3) The returning officer is then to do the following or have the following done:
(a) count the sealed ballot-paper envelopes unopened and record the count,
(b) check the names on the envelopes against the copy of the roll of electors and, if the Form 8 declaration on the envelope has been duly signed and witnessed, mark the copy of the roll of electors in the manner determined by the Electoral Commission,
(c) turn the sealed ballot-paper envelope so that the declaration is face downwards, then open the envelope (without damaging the writing on it) and take out the ballot-paper and, without inspecting or unfolding it or allowing any other person to do so, place it in a securely fastened ballot-box for further scrutiny,
(d) open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.
(4) Provisional votes The returning officer must:
(a) on election day (at any time after 8 am) produce all the sealed envelopes containing provisional votes cast before election day, and
(b) on the close of poll produce all the sealed envelopes containing provisional votes cast on election day,
and deal with them in accordance with subclause (5).
(5) The returning officer is to do the following or have the following done in relation to the envelopes referred to in subclause (4):
(a) count the sealed ballot-paper envelopes unopened and record the count,
(b) examine the declaration on each envelope before it is opened and, if necessary, make inquiries to determine whether the person who signed the declaration was on the day of polling:
(i) in relation to a declaration made under clause 320C--entitled to be enrolled on the residential roll for the area or ward concerned, or
(ii) in any other case--entitled to vote,
(c) if the declaration is in order and the returning officer is satisfied that the voter was, on the day of polling:
(i) in relation to a declaration made under clause 320C--entitled to be enrolled on the residential roll for the area or ward concerned, or
(ii) in any other case--entitled to vote,
the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without damaging the writing on the envelope, place the ballot-paper still folded in a securely fastened ballot-box for further scrutiny,
(d) if the declaration is not in order, or it appears to the returning officer that the elector is not entitled to vote or was, on the day of polling, not entitled to be enrolled on the residential roll for the area or ward concerned, the returning officer is to leave the envelope containing the ballot-paper unopened,
(e) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (c) and (d), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.



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