Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 146H

146H .         Count of votes by deputy returning officer, procedure for

        (1)         As soon as practicable after the close of the poll the deputy returning officer for each district (the DRO ) 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 one or more squares above the line, 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 squares printed on the ballot papers under section 113B(5)(b), count the number of first preference votes given for each candidate;

                and

            (b)         enclose —

                  (i)         in one packet, all the used ballot papers in the DRO’s possession; and

                  (ii)         in another packet, all the unused ballot papers in the DRO’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 DRO’s possession,

                other than those that have been forwarded to the DRO 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 square, or each of the squares, above the line 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 one packet, all the packets made up under section 146G(1)(c)(i) and forwarded to the DRO under section 146G(1)(d), the lists forwarded to the DRO with those packets, the packet made up by the DRO under paragraph (b)(i) and the list made out by the DRO 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 DRO under section 146G(1)(d) and the packet made up by the DRO under paragraph (b)(ii); and

                  (iii)         in another packet, all the packets made up under section 146G(1)(c)(iii) and forwarded to the DRO under section 146G(1)(d) and the packet made up by the DRO 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, shall be sealed before the scrutineers, if any, present and any scrutineer who desires to do so shall be permitted by the deputy returning officer to affix his seal on any such packet.

        (3)         The list made out under subsection (1)(d)(i) or (ii) must be verified by the signature of the deputy returning officer 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.]



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