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Electoral Act 1993

Elections - Preliminary count of votes

174F: Scrutineers for count of early votes

You could also call this:

"Who can watch when early votes are counted"

Illustration for Electoral Act 1993

When votes are counted early, each candidate can choose a scrutineer to watch the count that is done under section 174C. You must appoint your scrutineer in writing and sign the appointment.

Your scrutineer must promise to follow the rules in section 203 before they can start watching the count. They make this promise by signing a special form that the Electoral Commission has approved, and someone must witness their signature.

If the count happens before the poll closes, your scrutineer can enter the restricted area 30 minutes before the count starts, as determined under section 174C(5)(a), and stay until the count is finished. You cannot bring a device that can send information outside the area into the restricted area before the poll closes.

If your scrutineer breaks the rules or does not follow instructions from the Returning Officer, who is in charge of the election in your area and is following section 174E(3), they might not be allowed to enter the restricted area or might be asked to leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309869.

Topics:
Government and voting > Elections
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174E: Maintenance of secrecy of count of early votes, or

"Keeping early vote counting secret"

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174G: Offences in relation to count of early votes conducted before close of poll, or

"Breaking the rules about early vote counting on polling day can get you in trouble"

Part 6Elections
Preliminary count of votes

174FScrutineers for count of early votes

  1. Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C.

  2. Every appointment of a scrutineer—

  3. must be in writing; and
    1. must be signed by the constituency candidate.

      1. Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

      2. The declaration must—

      3. be in a form that the Electoral Commission has approved; and
        1. be witnessed as specified in the form.

          1. If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from the time on polling day that is 30 minutes before the time determined under section 174C(5)(a) for the start of the count until the conclusion of the count.

          2. No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area.

          3. If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) and communicated to the scrutineer, the Returning Officer may—

          4. refuse to allow the scrutineer to enter the restricted area; or
            1. require the scrutineer to leave the restricted area.

              Notes
              • Section 174F: inserted, on , by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).
              • Section 174F(3): replaced, on , by section 84(1) of the Electoral Amendment Act 2017 (2017 No 9).
              • Section 174F(3A): inserted, on , by section 84(1) of the Electoral Amendment Act 2017 (2017 No 9).
              • Section 174F(4): amended, on , by section 84(2) of the Electoral Amendment Act 2017 (2017 No 9).