Electoral Act 1993

Elections - Recount

184: Ballot papers and certificate to be compared on recount

You could also call this:

"Checking ballot papers to make sure the vote recount is fair and accurate"

Illustration for Electoral Act 1993

When you have a recount of votes, the Returning Officer must show the District Court Judge all the used ballot papers and a certificate. The certificate states the total number of ballot papers used at the election. You compare the number of ballot papers on the certificate with the actual ballot papers used.

If some ballot papers are missing or have been tampered with, the official count is used and the result of the poll is declared based on that. If two candidates have the same number of votes and one more vote would make one of them win, the Electoral Commission decides by lot which candidate wins.

The Returning Officer and the District Court Judge work together to make sure the recount is fair and accurate, using the official count and the certificate to guide them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310011.


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Part 6Elections
Recount

184Ballot papers and certificate to be compared on recount

  1. At any recount made as aforesaid the Returning Officer shall produce to the District Court Judge all the used ballot papers, together with the Justice’s certificate stating the total number of ballot papers used at the election.

  2. If, on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election, the District Court Judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the Returning Officer shall be deemed to be correct, and the result of the poll declared accordingly. Where in any such case there is an equality of votes between constituency candidates and the addition of a vote would entitle one of those constituency candidates to be declared elected, the Electoral Commission must determine by lot which candidate shall be elected.

Notes
  • Section 184(1): amended, on , by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
  • Section 184(2): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 184(2): amended, on , by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).