sec.39Official counting of votes

### sec.39 Official counting of votes As soon as practicable after the polling day for the referendum, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures stated in this section and made under section 41A . Firstly, the staff must— open all ballot boxes for the electoral district that have not previously been opened; 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 parcel for an electoral district other than the returning officer’s electoral district— 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 to the returning officer for the appropriate electoral district. Secondly, the staff must— open— the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and follow the procedures set out in section 36 for all declaration envelopes; and arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and count the yes votes, no votes and informal ballot papers. Thirdly, the staff must— open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and arrange all yes votes, no votes and informal ballot papers; and count the yes votes, no votes and informal ballot papers; and reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section. s 39 amd 2015 No. 35 s 28 ; 2019 No. 31 s 100 (sec.39-ssec.1) As soon as practicable after the polling day for the referendum, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures stated in this section and made under section 41A . (sec.39-ssec.2) Firstly, the staff must— open all ballot boxes for the electoral district that have not previously been opened; 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 parcel for an electoral district other than the returning officer’s electoral district— 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 to the returning officer for the appropriate electoral district. (sec.39-ssec.3) Secondly, the staff must— open— the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and follow the procedures set out in section 36 for all declaration envelopes; and arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and count the yes votes, no votes and informal ballot papers. (sec.39-ssec.4) Thirdly, the staff must— open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and arrange all yes votes, no votes and informal ballot papers; and count the yes votes, no votes and informal ballot papers; and reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section. - (a) open all ballot boxes for the electoral district that have not previously been opened; 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 parcel for an electoral district other than the returning officer’s electoral district— (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 - (d) send the parcels 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) 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) open— (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and - (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and - (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and - (b) follow the procedures set out in section 36 for all declaration envelopes; and - (c) arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and - (d) count the yes votes, no votes and informal ballot papers. - (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and - (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and - (a) open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and - (b) arrange all yes votes, no votes and informal ballot papers; and - (c) count the yes votes, no votes and informal ballot papers; and - (d) reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section.