ELECTORAL ACT 2002 - SECT 120 Recount of ballot-papers before declaration of election

ELECTORAL ACT 2002 - SECT 120

    (1)     Before a candidate has been declared elected, the election manager in the presence of any scrutineer appointed by each candidate may open any sealed parcel containing allowed ballot-papers and recount those ballot-papers.

    (2)     A recount under subsection (1)—

        (a)     may be conducted at the election manager's discretion; or

        (b)     may be conducted at the request of a candidate specifying reasons; or

        (c)     must be conducted if directed by the Commission.

    (3)     The election manager conducting a recount—

        (a)     has the same powers as the election manager has in an ascertainment of the number of votes for each candidate at the election; and

        (b)     may reverse any decision made in the ascertainment in relation to the allowance and admission or disallowance and rejection of any ballot-paper.

    (4)     The election manager conducting a recount—

        (a)     may reserve any ballot-paper for the decision of the Commission; or

        (b)     at the request of any scrutineer, must reserve any ballot-paper for the decision of the Commission.

    (5)     The Commission must—

        (a)     decide whether any ballot-paper reserved under subsection (4) is to be allowed and admitted or disallowed and rejected; and

        (b)     endorse the decision on the ballot-paper.

S. 120(6) inserted by No. 13/2022 s. 25.

    (6)     The Commission must give written notice at least 4 hours before a recount of allowed ballot-papers to the following—

        (a)     each candidate who is specified on the ballot-paper;

        (b)     the contact person of each candidate who is—

              (i)     not endorsed by a registered political party; and

              (ii)     specified on the ballot-paper;

        (c)     the registered officer of each registered political party that has endorsed a candidate who is specified on the ballot-paper.

S. 120(7) inserted by No. 13/2022 s. 25.

    (7)     A written notice under subsection (6) must specify—

        (a)     that the Commission has decided to recount the allowed ballot-papers; and

        (b)     the date and time of the recount; and

        (c)     the location of the recount; and

        (d)     the name of the region or district for which the recount is to be conducted.

S. 120(8) inserted by No. 13/2022 s. 25.

    (8)     A written notice under subsection (6) may specify any other details the Commission considers relevant.