sec.95Official counting of votes

### sec.95 Official counting of votes The returning officer must follow, in order, the procedures stated in subsections (2) to (6) — as soon as practicable after close of the poll in an election; and in the presence of the candidates or scrutineers who wish to attend. The returning officer must work out from the statements of presiding officers under section 92 (6) — if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate. The returning officer must— open all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers. The returning officer must— open all other ballot boxes on hand; and open all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers. The returning officer must add together— if the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or if the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) . The returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll. s 95 amd 2019 No. 30 s 183 (sec.95-ssec.1) The returning officer must follow, in order, the procedures stated in subsections (2) to (6) — as soon as practicable after close of the poll in an election; and in the presence of the candidates or scrutineers who wish to attend. (sec.95-ssec.2) The returning officer must work out from the statements of presiding officers under section 92 (6) — if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate. (sec.95-ssec.3) The returning officer must— open all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers. (sec.95-ssec.4) The returning officer must— open all other ballot boxes on hand; and open all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers. (sec.95-ssec.5) The returning officer must add together— if the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or if the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) . (sec.95-ssec.6) The returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll. - (a) as soon as practicable after close of the poll in an election; and - (b) in the presence of the candidates or scrutineers who wish to attend. - (a) if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or - (b) if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate. - (a) open all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and - (b) examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers. - (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or - (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers. - (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or - (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers. - (a) open all other ballot boxes on hand; and - (b) open all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and - (c) identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and - (d) examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and— (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers. - (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or - (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers. - (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or - (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers. - (a) if the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or - (b) if the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) .