120Recount of ballot-papers before declaration of election

120 Recount of ballot-papers before declaration of election (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.