Western Australian Current Acts Western Australian Current Acts (1) If after any count
2 or more candidates have an equal number of votes and they are the only
candidates, or the only non-defeated candidates, the returning officer shall
re-count the votes and, where appropriate, declare one of the candidates duly
elected under section 144(1)(c), (2)(ea) or (2)(f).
(2) The returning
officer conducting the re-count 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.
(3) If after the
re-count 2 or more candidates (in this section called the tied candidates )
have an equal number of votes and they are the only candidates, or the only
non-defeated candidates, the returning officer shall notify the Electoral
Commissioner of the result of the re-count.
(4) On receipt of
notification under subsection (3) the Electoral Commissioner shall file a
petition addressed to the Court of Disputed Returns constituted under Part V
—
(a)
setting out the results of the scrutiny and count and the re-count; and
(b)
requesting the Court to determine whether any of the candidates was duly
elected and, if so, to declare that candidate duly elected.
(5) Part V applies in
respect of the petition as if it were a petition duly filed under sections 158
to 160 and, for the purposes of that application, the tied candidates shall be
regarded as parties to the petition.
(6) The Court shall
endeavour to make its determination as soon as practicable after the petition
is filed.
(7) The Court may
order that a new election be held in place of the election to which the
petition relates if —
(a) the
tied candidates both or all jointly request the Court to do so; or
(b) the
Court is unable to declare any of the candidates duly elected,
and, notwithstanding
anything in this Act, except where the Court otherwise orders, the same roll
as was used for that election shall be used for the new election.
[Section 145 inserted: No. 40 of 1987 s. 72;
amended: No. 14 of 2016 s. 21.]