sec.38Preliminary counting of ordinary votes

### sec.38 Preliminary counting of ordinary votes As soon as practicable after the end of ordinary voting hours on the polling day for the referendum, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures— stated in subsection (2) ; and made under section 41A . The staff must— open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and identify and keep in separate parcels for each different electoral district— all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and all declaration envelopes; and all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and for each electoral district for which ordinary votes are to be counted at the polling booth— arrange, count and keep in separate parcels— all yes votes; and all no votes; and all informal ballot papers; and prepare and sign a statement, in the approved form, setting out— the number of yes votes; and the number of no votes; and the number of informal ballot papers; and advise the returning officer for the electoral district of the contents of the statement; and for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— all formal ballot papers, including ballot papers printed for electronically assisted votes; and all informal ballot papers, including ballot papers printed for electronically assisted votes; and for each separate parcel of ballot papers or declaration envelopes— seal the parcel; and write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and sign the description; and if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and send the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district. However, if the poll was for more than 1 referendum, the staff must make up the ballot papers into separate sealed parcels in the way the commission directs. Also, the staff must— identify all envelopes containing spoilt ballot papers for each different electoral district; and keep the envelopes in a separate parcel; and deal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers. This section also applies, in the way stated in subsection (6) , to the following votes received by the commission— votes received under section 36 for an electoral district; pre-poll votes for an electoral district made at a pre-poll voting office; ballot papers printed for electronically assisted votes at a place other than a polling booth. This section applies to the votes mentioned in subsection (5) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district— to the extent it is reasonably practicable to count the votes on polling day; and subject to any changes prescribed by regulation and any other necessary changes. s 38 amd 2015 No. 35 s 27 sub 2019 No. 31 s 99 (sec.38-ssec.1) As soon as practicable after the end of ordinary voting hours on the polling day for the referendum, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures— stated in subsection (2) ; and made under section 41A . (sec.38-ssec.2) The staff must— open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and identify and keep in separate parcels for each different electoral district— all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and all declaration envelopes; and all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and for each electoral district for which ordinary votes are to be counted at the polling booth— arrange, count and keep in separate parcels— all yes votes; and all no votes; and all informal ballot papers; and prepare and sign a statement, in the approved form, setting out— the number of yes votes; and the number of no votes; and the number of informal ballot papers; and advise the returning officer for the electoral district of the contents of the statement; and for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— all formal ballot papers, including ballot papers printed for electronically assisted votes; and all informal ballot papers, including ballot papers printed for electronically assisted votes; and for each separate parcel of ballot papers or declaration envelopes— seal the parcel; and write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and sign the description; and if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and send the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district. (sec.38-ssec.3) However, if the poll was for more than 1 referendum, the staff must make up the ballot papers into separate sealed parcels in the way the commission directs. (sec.38-ssec.4) Also, the staff must— identify all envelopes containing spoilt ballot papers for each different electoral district; and keep the envelopes in a separate parcel; and deal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers. (sec.38-ssec.5) This section also applies, in the way stated in subsection (6) , to the following votes received by the commission— votes received under section 36 for an electoral district; pre-poll votes for an electoral district made at a pre-poll voting office; ballot papers printed for electronically assisted votes at a place other than a polling booth. (sec.38-ssec.6) This section applies to the votes mentioned in subsection (5) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district— to the extent it is reasonably practicable to count the votes on polling day; and subject to any changes prescribed by regulation and any other necessary changes. - (a) stated in subsection (2) ; and - (b) made under section 41A . - (a) open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and - (b) identify and keep in separate parcels for each different electoral district— (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and (ii) all declaration envelopes; and (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and - (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and - (ii) all declaration envelopes; and - (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and - (c) for each electoral district for which ordinary votes are to be counted at the polling booth— (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and (iii) advise the returning officer for the electoral district of the contents of the statement; and - (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and - (A) all yes votes; and - (B) all no votes; and - (C) all informal ballot papers; and - (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and - (A) the number of yes votes; and - (B) the number of no votes; and - (C) the number of informal ballot papers; and - (iii) advise the returning officer for the electoral district of the contents of the statement; and - (d) for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and - (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and - (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and - (e) for each separate parcel of ballot papers or declaration envelopes— (i) seal the parcel; and (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and (iii) sign the description; and (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and - (i) seal the parcel; and - (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and - (iii) sign the description; and - (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and - (f) send the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district. - (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and - (ii) all declaration envelopes; and - (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and - (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and - (A) all yes votes; and - (B) all no votes; and - (C) all informal ballot papers; and - (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and - (A) the number of yes votes; and - (B) the number of no votes; and - (C) the number of informal ballot papers; and - (iii) advise the returning officer for the electoral district of the contents of the statement; and - (A) all yes votes; and - (B) all no votes; and - (C) all informal ballot papers; and - (A) the number of yes votes; and - (B) the number of no votes; and - (C) the number of informal ballot papers; and - (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and - (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and - (i) seal the parcel; and - (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and - (iii) sign the description; and - (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and - (a) identify all envelopes containing spoilt ballot papers for each different electoral district; and - (b) keep the envelopes in a separate parcel; and - (c) deal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers. - (a) votes received under section 36 for an electoral district; - (b) pre-poll votes for an electoral district made at a pre-poll voting office; - (c) ballot papers printed for electronically assisted votes at a place other than a polling booth. - (a) to the extent it is reasonably practicable to count the votes on polling day; and - (b) subject to any changes prescribed by regulation and any other necessary changes.