Subdiv 4The count

Subdivision 4—The count 24—Envelopes given to returning officer (1) A returning officer for an election must— (a) keep the ballots received by them before the close of the poll secure; and (b) keep the envelopes containing the ballot papers unopened until the count. (2) The returning officer must not admit to the count ballot papers received after the close of the poll. 25—Scrutineers Each candidate in a poll conducted by secret ballot may appoint 1 scrutineer to represent the candidate at the count. 26—Returning officer to be advised of scrutineers A candidate must tell the returning officer for the election the name of their scrutineer (if any) before the commencement of the count. 27—Persons present at the count (1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person— (a) is not entitled to be present, or to remain present, at the count; or (b) being entitled to be present, interrupts the count, except as provided by subregulation (2). (2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer— (a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or (b) considers that an error has been made in the conduct of the count. (3) A person who does not comply with a direction given to them under subregulation (1) is guilty of an offence. (4) However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse. 28—Conduct of the count (1) As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate. (2) A scrutineer, appointed under regulation 25, may be present at the count. (3) A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur. (4) The candidate who receives the most votes is the successful candidate. (5) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer. 29—Informal ballot papers A ballot paper is informal if— (a) it is not initialled by the returning officer; or (b) it has no vote marked on it; or (c) it is so imperfectly marked that the intention of the person who marked the ballot paper is not clear; or (d) it has any mark or writing on it by which the person who marked the ballot paper can be identified. 30—Completion of the count After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out— (a) the number of valid votes given to each candidate; and (b) the number of informal ballot papers. 31—Destruction of election material At the end of 6 months after notification of the result of the poll for an election is given under regulation 34 the returning officer may destroy— (a) the nominations for that election; and (b) the ballot papers, including any spoilt ballot papers, for the election.