36Scrutiny of votes

36 Scrutiny of votes

36 Scrutiny of votes

(1) As soon as practicable after the close of the ballot, the returning officer must, in the presence of the appointed scrutineers, scrutinise the votes in the poll in accordance with this section.

(2) The returning officer must—

(a) open each outer envelope accepted for scrutiny, and

(b) remove the inner envelopes from the outer envelope, and

(c) record the number of inner envelopes beside the name on the final roll for the poll that corresponds to the name on the back of the outer envelope, and

(d) remove the ballot papers from the inner envelopes, and

(e) examine each ballot paper, and

(f) count the votes and determine the result of the poll.

(3) If there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled in accordance with the committee’s foundation regulation, the returning officer must reject all the inner envelopes.

(4) The returning officer must reject the following—

(a) all ballot papers in an inner envelope if the envelope contains more than one ballot paper,

(b) ballot papers that do not include—

(i) the initials of the returning officer, or a person authorised by the returning officer to prepare the ballot paper, or

(ii) an official mark,

(c) ballot papers containing writing or another mark that the returning officer considers could enable the voter to be identified,

(d) ballot papers that have not been completed in accordance with the directions shown on the ballot paper.

(5) The returning officer must not reject a ballot paper for containing writing or another mark that is not authorised or required by this part, other than in the circumstance specified in subsection (4)(c), if the intention of the voter may be ascertained by the returning officer.

(6) The result of the poll is determined based on the following—