Div 3AComputer vote counting in Legislative Council elections

Division 3A—Computer vote counting in Legislative Council elections 96A—Application of Division This Division applies only in relation to a Legislative Council election. 96B—Approval of computer program (1) The Electoral Commissioner may approve a computer program to carry out steps involved in the scrutiny of votes in an election. (2) The Electoral Commissioner may revoke an approval of a computer program. (3) The Electoral Commissioner may only approve a computer program— (a) after providing a demonstration of the use of the program for representatives of the registered political parties; and (b) if the proper use of the program would produce the same result in the scrutiny of votes in an election as would be obtained if the scrutiny were conducted without computer assistance. (4) The Electoral Commissioner must determine processes that must be followed in relation to the use of an approved computer program in the scrutiny of votes in an election. 96C—Protection of approved computer program from interference The Electoral Commissioner must take steps to ensure that an approved computer program is kept secure from interference at all times. 96D—Use of approved computer program in election (1) An approved computer program may, if the Electoral Commissioner so determines, be used in the scrutiny of votes in an election. (2) If an approved computer program is used in the scrutiny of votes in an election, the provisions of section 95 apply to the conduct of the scrutiny and the filling of vacancies as follows: (a) subsections (2) and (3) apply according to their terms; (b) the processes described in subsections (4)(a) and (4)(b) are to be carried out in conjunction with the entry into the computer of the necessary data from the ballot papers and the operation of the computer to identify remaining informal ballot papers (after taking into account the operation of subsection (4a) (if relevant)); (c) the computer must continue to be operated so as to carry out processes corresponding to those that would be required to be carried out according to subsections (4)(c) to (15) (inclusive), (17) and (20) to (28) (inclusive) (after taking into account the operation of subsection (4a) (if relevant)); (d) however, if, in carrying out processes corresponding to those referred to in subsection (21) or (23), there has not been a count or transfer at which the candidates had a different number of votes, the computer processes must pause while the returning officer makes a determination in accordance with that subsection and causes the result of the determination to be entered into the computer; (e) continuing candidates who at any stage of the scrutiny have received a number of votes equal to or greater than the quota will be elected; (f) subsections (16), (16a), (18) and (19) apply according to their terms. 96E—Manual counting of votes not prevented The making of a determination by the Electoral Commissioner to use an approved computer program in an election, or the use of an approved computer program in an election, does not prevent counting or re-counting of votes in the election without computer assistance. Division 4—Re-count 97—Re-count (1) At any time before the declaration of the result of a Legislative Council election, the returning officer may, if he or she thinks fit, and must, if so directed by the Electoral Commissioner, direct a re-count of the ballot papers from any division or portion of a division, or of the ballot papers contained in any parcel or in any other category. (2) A district returning officer must before the declaration of the result of a House of Assembly election have a re-count made of the relevant ballot papers. (2a) In addition to the requirements of subsection (2), at any time before the declaration of the result of a House of Assembly election, the district returning officer may, if the district returning officer thinks fit, and must, if so directed by the Electoral Commissioner, conduct one or more further re-counts of the ballot papers contained in any parcel. (3) The officer conducting a re-count— (a) may reverse any decision taken at the scrutiny in relation to the allowance or disallowance of ballot papers; but (b) is, subject to paragraph (a), bound by decisions and determinations made at the scrutiny so far as they are applicable to the re-count. (4) The officer conducting a re-count may, and at the request of any scrutineer must, reserve any ballot paper for the decision of the Electoral Commissioner. (5) The Electoral Commissioner must decide whether any ballot paper, reserved for the Electoral Commissioner's decision in pursuance of this section, is to be allowed and admitted or disallowed and rejected.