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Local Government Act 2020
282Conduct of countback
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282 Conduct of countback
(1) The election manager must make reasonable efforts to—
(a) notify the candidate who would be declared elected as a result of the countback; and
(b) invite the candidate to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor.
(2) If the candidate completes the written declaration under subsection (1), section 284 applies.
(3) If the candidate does not complete the written declaration under subsection (1), a further count is to be conducted as soon as is practicable after the period in subsection (1) has expired until—
(a) a candidate who would be declared elected as a result of the countback and is invited to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor does so; or
(b) if there is only one candidate remaining, the candidate is invited to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor and does so; or
(c) there are no eligible candidates remaining.
(4) For the purposes of the application of subsection (3), each time the process is repeated, a preference indicated for a candidate who failed to complete a written declaration is to be disregarded.
(5) If subsection (3)(a) or (b) applies, section 284 applies.
(6) If subsection (3)(c) applies, the countback has failed and section 283 applies.