Electoral Act 1993

Elections - Preliminary count of votes

174D: Conditions for counting early votes before close of poll

You could also call this:

"Counting early votes before election day: what you need to know"

Illustration for Electoral Act 1993

When you count votes before the poll closes, there are rules to follow. A restricted area is a space chosen by the Electoral Commission for counting early votes. This area must be private, so people outside cannot see or hear what is happening, and the Returning Officer must control who enters or leaves.

You need to meet certain conditions to count early votes before the poll closes. The Electoral Commission must give the Returning Officer permission to start counting. The count must happen in a restricted area with notices on every entrance and exit saying it is an offence to enter or leave without the Returning Officer's permission. The Electoral Commission and the Returning Officer have specific roles in this process, as outlined in sections 174E to 174G and section 174C(5)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309865.


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174C: Preliminary count of early votes, or

"Counting votes that people cast before the main voting day"


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174E: Maintenance of secrecy of count of early votes, or

"Keeping early vote counting secret"

Part 6Elections
Preliminary count of votes

174DConditions for counting early votes before close of poll

  1. In this section and in sections 174E to 174G, restricted area means an area that—

  2. is designated by the Electoral Commission for the purpose of the count of early votes; and
    1. has features that—
      1. preclude persons who are not in the area from seeing or hearing any aspect of the count; and
        1. permit the Returning Officer to control persons who wish to enter or leave the area.
        2. The conditions referred to in section 174C(5)(a) are as follows:

        3. the Electoral Commission has authorised the Returning Officer to commence the count before the close of the poll:
          1. the count is to be conducted in a restricted area:
            1. on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area:
              1. on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area.
                Notes
                • Section 174D: inserted, on , by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).
                • Section 174D(1): amended, on , by section 83(1) of the Electoral Amendment Act 2017 (2017 No 9).
                • Section 174D(1)(a): amended, on , by section 83(2) of the Electoral Amendment Act 2017 (2017 No 9).
                • Section 174D(2)(a): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).