Div 4Other matters

Division 4—Other matters 55—Computer counting (1) The returning officer may, after consultation with the relevant council, decide to use a computer program to carry out steps involved in the recording, scrutiny or counting of votes in an election or poll. (2) The computer program must be a program approved by the Electoral Commissioner on the basis that he or she is reasonably satisfied that the proper use of the program would produce the same result in the recording, scrutiny or counting of votes as the result that would be achieved if the program were not to be used. (3) The Electoral Commissioner may specify processes that must be followed in relation to the use of an approved computer program for the purposes of an election or poll. (4) If an approved computer program is used, the returning officer must ensure compliance with any processes specified under subsection (3). (5) If an approved computer program is used, section 48 will apply subject to the modifications prescribed by the regulations or approved by the Electoral Commissioner (which modifications may vary according to the relevant computer program). (6) The use of a computer program under this section does not prevent the returning officer deciding to recount votes in an election or poll without computer assistance. 55A—Filling vacancy if successful candidate dies (1) This section applies if— (a) a candidate dies between the close of voting at an election and the first meeting of the council after that election; and (b) the election was to fill 2 or more vacancies; and (c) the candidate is, according to the counting of votes cast at the election, a successful candidate and no other candidate who was also a successful candidate according to those votes has died. (2) In a case where this section applies— (a) the returning officer must, in accordance with the regulations, determine the candidate in the most recent election for the relevant office to fill the vacancy (a successful candidate); and (b) the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate— (i) is still willing to be elected to the relevant office; and (ii) is still eligible to be elected to the relevant office; and (i) if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or (ii) if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office. 56—Retention of voting material (1) The returning officer must retain all voting material relating to an election or poll until the returning officer is satisfied that the election or poll cannot be questioned. (2) Except as provided by other provisions of this Act, voting material will not be available for public inspection.