NSWIn ForceAct
Electoral Act 2017
171Ascertaining result of election by Electoral Commissioner
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#### 171 Ascertaining result of election by Electoral Commissioner
171 Ascertaining result of election by Electoral Commissioner
> > (1) The Electoral Commissioner is, as soon as practicable after the close of voting, at such place or places as the Electoral Commissioner approves and in the presence of such scrutineers as choose to be present, to ascertain the result of the election in accordance with the Sixth or Seventh Schedule to the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), as the case requires.
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> > (2) If the Electoral Commissioner is satisfied that the votes—
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> > > (a) on any ballot papers issued at a voting centre in connection with the election which have not been received by the Electoral Commissioner, or
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> > > (b) on ballot papers used for casting declaration votes and not dealt with under section 142,
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> > cannot, having regard to the number of those ballot papers, possibly affect the result of the election, the Electoral Commissioner may proceed with the scrutiny without awaiting the receipt of the ballot papers, or completing the action, as the case requires.