South Australian Consolidated Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 49

49—Recounts

        (1)         At any time within 72 hours after the returning officer has made a provisional declaration, a candidate (not being a candidate in whose favour the provisional declaration was made) may, by notice in writing lodged with the returning officer, request a recount of the votes cast in relation to the relevant vacancy or vacancies and, in the event of a request being made, the returning officer must cause a recount of votes to be made in accordance with the request unless the returning officer considers that there is no prospect that a recount would alter the result of the election.

        (2)         The returning officer may, on his or her own initiative, during the period of 72 hours referred to in subsection (1), decide to conduct a recount of any votes cast in the election.

        (3)         The following provisions apply to a recount:

            (a)         the returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted;

            (b)         the returning officer may reverse a decision taken at the count;

            (c)         if the votes of two or more candidates are equal and one of them was excluded by lot at the count, the same candidate must be excluded at the recount.



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