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ELECTORAL ACT 1992 - SECT 179 Preliminary scrutiny of declaration voting papers etc

ELECTORAL ACT 1992 - SECT 179

Preliminary scrutiny of declaration voting papers etc

    (1)     The commissioner shall arrange for the conduct of the preliminary scrutinies necessary in relation to a poll until the following documents have been dealt with in accordance with this section:

        (a)     all completed declaration voting papers (including those used for postal voting or electronic voting under section 136H) received by the commissioner or another officer on or before polling day;

        (b)     all completed declaration voting papers used for postal voting received by the commissioner before the end of the 6th day after the close of the poll;

        (c)     any envelope referred to in section 176 (1) (d) containing a ballot paper recording the vote of an Antarctic elector.

    (2)     A preliminary scrutiny shall not be conducted earlier than the 5th day before polling day.

    (3)     The commissioner shall display a notice in a prominent place at the office of the commissioner specifying the date and time when, and the place where, a preliminary scrutiny is to begin.

    (4)     The notice shall be so displayed no later than 4 pm on the day before the beginning of the preliminary scrutiny.

    (5)     A preliminary scrutiny, other than for electronic voting under section 136H , shall be conducted in accordance with schedule 3.

    (6)     Schedule 3 applies, so far as practicable, in relation to a vote cast under part 11 (Polling in Antarctica) by an Antarctic elector as if—

        (a)     the vote were a declaration vote other than a postal vote; and

        (b)     a declaration signed by the elector specifying the electorate in relation to which the elector is an Antarctic elector appeared on the envelope referred to in section 176 (1) (d); and

        (c)     a reference in that schedule to a set of declaration voting papers were a reference to that envelope.

    (7)     At a preliminary scrutiny, declaration voting papers shall not be rejected for further scrutiny because of a formal error.

    (8)     A preliminary scrutiny shall be taken to be part of the scrutiny in relation to an election.