Water Management (General) Regulation 2018
Division 11 The scrutiny
85 Receipt of ballot-papers
(1) The returning officer must reject (without opening it) any voter’s envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.(2) The returning officer must examine the name on the back of the voter’s envelope and, without opening the envelope—(a) must accept the ballot-paper in the envelope for further scrutiny and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the final roll for the election, or(b) must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.(3) The returning officer may reject a ballot-paper without opening the voter’s envelope if, after making such inquiries as the returning officer thinks fit—(a) the returning officer is unable to identify the signature on the back of the envelope, or(b) it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
86 Ascertaining result of ballot
The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.
87 Poll clerks
(1) The returning officer may appoint poll clerks if required.(2) A candidate must not be a poll clerk.
(1) Each voter in a ballot is entitled to request, by notice in writing given to the returning officer at any time after the close of enrolments for the ballot, the appointment of a person specified in the notice (who may, but need not, be the voter concerned) as a scrutineer for the purposes of the ballot.(2) The returning officer may appoint a maximum of 10 persons as scrutineers for a ballot.(3) The persons are to be appointed in the order in which the requests for their appointments were received by the returning officer in accordance with subclause (1).(4) A person must not be appointed as a scrutineer unless the person consents to the appointment.(5) A candidate must not be appointed as a scrutineer.(6) A scrutineer’s functions include scrutinising the receipt of ballot-papers under clause 89.
89 Scrutiny of votes
(1) The scrutiny of votes in a ballot is to be conducted as follows—(a) the returning officer is to produce, unopened, the voter’s envelopes containing the ballot-papers accepted for scrutiny,(b) in the case of an election of members of a private irrigation board—the returning officer is to ascertain the zone to which the vote relates (where applicable) and place the voter’s envelope with other such envelopes for that zone,(c) the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in an appropriate box or other container, with (in the case of an election of members of a private irrigation board) separate boxes or other containers for each zone (where applicable),(d) when the ballot-papers from all the voter’s envelopes have been placed in the box or other container, the returning officer is then to open the box or other container and remove the ballot-papers,(e) the returning officer is then to examine each ballot-paper and reject those that are informal,(f) the returning officer is then to proceed to count the votes and ascertain the result of the election.(2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if—(a) it is not initialled by the returning officer, or(b) it has on it any mark or writing that the returning officer considers could enable any person to identify the voter who completed it, or(c) it has not been completed in accordance with the directions shown on it.(3) A ballot-paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Regulation if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper.
90 Counting of votes
The result of a ballot for an election must be ascertained (zone by zone, where applicable) by the returning officer as follows—(a) if there is one person to be elected in the election—the candidate who received the highest number of votes is to be declared to be elected,(b) if there are 2 or more persons to be elected in the election—the candidates, not exceeding in number the number of persons to be elected, who received the highest number of votes are to be declared to be elected,(c) if there is an equality of votes—the returning officer is to determine by lot the candidate to be elected.
91 Notice of result of election
(1) As soon as practicable after a candidate in an election has been elected, the returning officer must notify the Minister in writing of the name of the candidate elected.(2) As soon as practicable after declaration of a poll, the returning officer must issue to each person elected a notice in writing of the result of the election.