(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.]