Part 11The return of the writs

Part 11—The return of the writs 98—Return of writ for election of members of the Legislative Council (1) In a Legislative Council election, the returning officer must, as soon as practicable after the result of the election has been ascertained— (a) publicly declare the result of the election and the names of the candidates elected; (b) make out a statement setting out the result of the election and the names of the candidates elected and transmit the statement to the Electoral Commissioner. (2) The returning officer need not defer the making of a declaration and statement under subsection (1) by reason of the non-receipt of ballot papers if it is clear that those ballot papers cannot possibly affect the result of the election. (3) On receipt of the statement referred to in subsection (1)(b), the Electoral Commissioner must by endorsement certify on the writ for the election the names of the candidates elected and return the writ to the Governor. 99—Declaration of poll and return of writs for House of Assembly (1) In a House of Assembly election, the district returning officer must, as soon as practicable after the result of the election has been ascertained— (a) publicly declare the result of the election and the name of the candidate elected; (b) make out a statement setting out the result of the election and the name of the candidate elected and transmit the statement to the Electoral Commissioner. (2) A district returning officer need not defer the making of a declaration and statement under subsection (1) by reason of the non-receipt of ballot papers if it is clear that those ballot papers cannot possibly affect the result of the election. (3) Where— (a) in the case of a general election—the Electoral Commissioner has received statements from all district returning officers in pursuance of subsection (1)(b); or (b) in any other case—the Electoral Commissioner has received a statement from the district returning officer for a district in pursuance of subsection (1)(b) in relation to the election held in the district, the Electoral Commissioner must by endorsement certify on the writ for the election the name of each candidate elected for each district or the name of the candidate elected for the district, as the case requires, and return the writ to the Governor or the Speaker.