Subdiv 5Result of election

Subdivision 5—Result of election 32—Request for recount (1) At any time before notification of the result of the poll for an election is given under regulation 34, the returning officer— (a) on their own initiative—may conduct a recount of any ballot papers received in the election; or (b) if a candidate makes a request, either orally or in writing, for a recount of any ballot papers received in the election and gives reasons for the request—must conduct a recount of the ballot papers. (2) In conducting a recount, the returning officer— (a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as they had in the count; and (b) in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll. 33—Irregularities at election (1) Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the returning officer may, at any time before notification of the result of the poll is given under regulation 34, declare the election to be void. (2) An election must not be declared to be void only because of— (a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or (b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Division; or (c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless— (i) it is likely that the result of the election was affected by the practice; and (ii) it is just that the election be declared void. (3) If an election is declared void, regulation 34 applies as if the election had failed. 34—Result of poll (1) As soon as practicable after the failure of an election, a returning officer must notify in writing— (a) the operator of the facility to which the election relates; and (b) the Safety Authority, of the failure of the election. (2) As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 30.