Electoral Act 1993

Elections - Return of writ

185: Endorsement and return of writ

You could also call this:

"Signing and sending back the election results paper"

Illustration for Electoral Act 1993

When the Electoral Commission has declared the result for every district under section 179(2), an Electoral Commissioner must endorse the writ on your behalf. They write the full name of every constituency candidate who has been declared elected and the date of the endorsement on the writ. They also sign the writ and send it to the Clerk of the House of Representatives.

The date written on the writ is the day the writ is returned. The writ must be sent back within the time specified on the writ. If someone asks for a recount of the votes, the Electoral Commission must wait until the recount is finished before sending the writ back.

If the Electoral Commission thinks someone might ask for a recount, they can wait until the time for asking for a recount has passed before sending the writ back. These rules are more important than the other rules about sending the writ back.

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


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186: Electoral Commission may correct writ, or

"The Electoral Commission can fix mistakes on election documents to make sure they are correct."

Part 6Elections
Return of writ

185Endorsement and return of writ

  1. As soon as practicable after the Electoral Commission has, under section 179(2), declared the result for every district, an Electoral Commissioner must, on behalf of the Electoral Commission,

  2. endorse on the writ—
    1. the full name of every constituency candidate declared to be elected; and
      1. the date of the endorsement; and
      2. sign the writ; and
        1. immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.
          1. The date endorsed on the writ under subsection (1) is the day of the return of the writ.

          2. The writ must be returned within the time specified in the writ for its return.

          3. If any application for a recount of the votes for any constituency candidates has been made, the Electoral Commission must postpone the return of the writ until the completion of every recount.

          4. If, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the Electoral Commission that such an application may be made, the Electoral Commission may postpone the return of the writ until that expiry.

          5. Subsections (4) and (5) prevail over subsections (1) to (3).

          Notes
          • Section 185: substituted, on , by section 73 of the Electoral Amendment Act 2002 (2002 No 1).
          • Section 185(1): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 185(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 185(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).