Electoral Act 1993

Elections - Scrutiny of the rolls

175: Scrutiny of the rolls

You could also call this:

"Checking the voting rolls to make sure they are correct"

Illustration for Electoral Act 1993

When the voting is finished, the Returning Officer checks the voting rolls. The Returning Officer tells each candidate when and where this check will happen. You can have someone watch the check for you.

You can choose one or more people to watch the check. These people are called scrutineers. Before they can watch, they must promise to follow the rules, as stated in section 203.

The promise must be written in a special form that the Electoral Commission approves. The form must be signed by a witness.

Only certain people can be at the check, including the Electoral Commissioner and the Returning Officer. Their assistants and experts can also be there. Scrutineers can be there too, but only one per candidate, unless the Returning Officer says more can come.

You cannot be a scrutineer if you are a candidate. You can choose a scrutineer electronically.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309874.


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Part 6Elections
Scrutiny of the rolls

175Scrutiny of the rolls

  1. The Returning Officer—

  2. shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and
    1. shall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the Returning Officer will commence the scrutiny.
      1. Each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls.

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

      3. The declaration must—

      4. be in a form that the Electoral Commission has approved; and
        1. be witnessed as specified in the form.
          1. Where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time.

          2. The only persons who may be present at the scrutiny are—

          3. an Electoral Commissioner:
            1. the Returning Officer:
              1. any assistant of the Electoral Commissioner or of the Returning Officer:
                1. any expert or technician who provides advice or support to the Electoral Commissioner or to the Returning Officer for the purpose of the scrutiny:
                  1. any scrutineer.
                    1. No candidate shall act as scrutineer under this section.

                    2. A scrutineer may be appointed under this section electronically.

                    Notes
                    • Section 175(2): replaced, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
                    • Section 175(3): replaced, on , by section 85 of the Electoral Amendment Act 2017 (2017 No 9).
                    • Section 175(3A): inserted, on , by section 85 of the Electoral Amendment Act 2017 (2017 No 9).
                    • Section 175(5): substituted, on , by section 68(2) of the Electoral Amendment Act 2002 (2002 No 1).
                    • Section 175(5)(a): substituted, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                    • Section 175(5)(c): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                    • Section 175(5)(d): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                    • Section 175(7): replaced, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).