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Local Government (General) Regulation 2021
348AInitial scrutiny of ballot-papers and counting of votes
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#### 348A Initial scrutiny of ballot-papers and counting of votes
348A Initial scrutiny of ballot-papers and counting of votes
> > (1) This section applies to—
> >
> > > (a) each polling place at which a ballot-box is located, and
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> > > (b) each ballot counting place at which a ballot-box is located.
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> > (2) To avoid doubt, this section applies to ballot-boxes moved under a direction made under section 348.
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> > (3) On the close of the poll, each counting place manager must, with the assistance of the election officials, and in the presence of any scrutineers present at the polling place or ballot counting place—
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> > > (a) open the ballot-box, and
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> > > (b) scrutinise the ballot-papers, and
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> > > (c) reject the informal ballot-papers, and
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> > > (d) place the envelopes containing postal votes and provisional votes on one side as they are taken from the ballot-box, and
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> > > (e) count the votes in a way specified in subsection (3A)(a) or (b).
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> > (3A) For subsection (3)(e), the counting place manager must either—
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> > > (a) count—
> > >
> > > > (i) the first preferences recorded for each candidate and group of candidates, and
> > >
> > > > (ii) the number of informal votes, and
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> > > > (iii) the number of envelopes containing postal vote certificates or other declarations under this part, or
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> > > (b) count—
> > >
> > > > (i) the first preferences recorded in each group voting square, and
> > >
> > > > (ii) the number of ballot-papers on which a first preference is recorded for a candidate who is in a group with a group voting square other than by placing a mark in a group voting square, and
> > >
> > > > (iii) the first preferences recorded for each candidate who is not in a group with a group voting square, and
> > >
> > > > (iv) the number of informal votes, and
> > >
> > > > (v) the number of envelopes containing postal vote certificates or other declarations under this part.
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> > (4) The counting place manager must send to the returning officer returns for each polling place and ballot counting place in an approved form—
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> > > (a) stating the details of those counts, and
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> > > (b) signed by—
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> > > > (i) the counting place manager and another election official, and
> > >
> > > > (ii) any scrutineer who desires to sign the returns.
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> > (4A) To avoid doubt, an election is not invalid just because subsection (3) or (4) was complied with on a day after election day.
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> > (5) In this section—
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> > counting place manager means—
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> > > (a) for a polling place—the polling place manager, and
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> > > (b) for a ballot counting place—an election official nominated by the election manager.
>
> **s 348A:** Am 2024 (327), Sch 1\[31\]–\[33\].