sec.36Preliminary processing of declaration envelopes and ballot papers

### sec.36 Preliminary processing of declaration envelopes and ballot papers The commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to decide whether the ballot papers in them are to be accepted for counting. A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that— the elector concerned was entitled to vote at the referendum; and the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum. If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in— if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed. If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section. If a declaration envelope is received by an office of the commission, it must be sent to the returning officer for the district for which the elector is enrolled without being examined under this section. Members of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes. The commission or returning officer must take reasonable steps to advise all members of the times when, and places where, declaration envelopes will be examined under this section. Declaration envelopes may be examined under this section before or after polling day for the referendum. In this section— member means a member of the Legislative Assembly on the day the writ for the referendum is issued. s 36 amd 2015 No. 35 s 26 ; 2019 No. 31 s 97 (sec.36-ssec.1) The commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to decide whether the ballot papers in them are to be accepted for counting. (sec.36-ssec.2) A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that— the elector concerned was entitled to vote at the referendum; and the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum. (sec.36-ssec.3) If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in— if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed. (sec.36-ssec.4) If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section. (sec.36-ssec.5) If a declaration envelope is received by an office of the commission, it must be sent to the returning officer for the district for which the elector is enrolled without being examined under this section. (sec.36-ssec.6) Members of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes. (sec.36-ssec.7) The commission or returning officer must take reasonable steps to advise all members of the times when, and places where, declaration envelopes will be examined under this section. (sec.36-ssec.8) Declaration envelopes may be examined under this section before or after polling day for the referendum. (sec.36-ssec.9) In this section— member means a member of the Legislative Assembly on the day the writ for the referendum is issued. - (a) the elector concerned was entitled to vote at the referendum; and - (b) the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and - (c) if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and - (d) if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum. - (a) if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and - (b) if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.