New South Wales Consolidated Regulations

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 349

349 Sending ballot-papers to returning officer

(1) The polling place manager must then, in the presence of the witnesses referred to in clause 348 (1), make up:

(a) in one parcel the ballot-papers classed as formal and the ballot-papers classed as informal, and

(b) in a second parcel:

(i) the envelopes containing postal votes and the envelopes containing provisional votes, and

(ii) the ballot-papers that have not been used, and

(iii) the cancelled postal ballot-papers and forms of declaration, and

(iv) the spoilt ballot-papers, and

(v) the list of provisional votes, and

(c) in a third parcel the certified printed copies of the rolls supplied to the polling place manager, signed by the polling place manager, and all books, rolls and papers (except the ballot-papers and the lists of ballot-papers) kept, used, and received by the polling place manager in connection with polling, and

(d) if a notation has been made on an electronic copy of the roll of electors, or on another file, on a computer to show the delivery of a ballot-paper to an elector-in a fourth parcel a copy of the electronic copy of the roll, or other file, so marked by that recording (such as on a memory stick or a disc as directed by the Electoral Commissioner).

(2) The polling place manager is to do the following:

(a) seal the parcels,

(b) permit any of the scrutineers who wish to do so to affix their seals to the parcels,

(c) endorse the parcels with descriptions of their contents and with the name of the ward and area, the name of the polling place, and the date of the polling,

(d) sign with his or her name the endorsement on each parcel,

(e) deliver or send the parcels to the returning officer (except if the polling place manager’s functions are being exercised by the returning officer).

(3) The returning officer may (and must if so required by a scrutineer) have the parcels opened, and have the ballot-papers scrutinised and counted in the presence of the election officials, scrutineers and police officers then present and on duty.

(4) During such scrutiny, the returning officer must:

(a) reject any ballot-paper classed as formal by the polling place manager if, in the returning officer’s opinion, it is informal, and

(b) accept any ballot-paper classed as informal by the polling place manager if, in the returning officer’s opinion, it is formal.