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Electoral Act 1993

Elections - Polling disruptions

195D: Deferral of release of information about result of preliminary count of votes at polling place if close of poll delayed

You could also call this:

"Waiting for election results: what happens if voting is delayed at a polling place"

Illustration for Electoral Act 1993

If you are waiting for the results of an election, you might not get them right away if something unexpected happens at a polling place. The Chief Electoral Officer is in charge of sharing the results, but they must not share any information about the preliminary count of votes if the close of the poll is delayed. You will have to wait until all polling places have closed before you can find out the results.

The Chief Electoral Officer can share the information early if they think it will not affect the overall result of the election in an area, or the number of seats a party gets in Parliament under sections 191 and 192, and the selection of list candidates under section 193.

If you know that the poll has been delayed and the Chief Electoral Officer has not shared the results, you must not share any information about the results yourself, or you could be guilty of a corrupt practice. However, it is okay for electoral officials and members of the Electoral Commission to share information with each other.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS323975.

Topics:
Government and voting > Elections
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195E: Interfering with or influencing voters at resumed poll, or

"Rules for when voting starts again after being stopped"

Part 6Elections
Polling disruptions

195DDeferral of release of information about result of preliminary count of votes at polling place if close of poll delayed

  1. If, as a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place is delayed, the Chief Electoral Officer must not disclose any information about the results of a preliminary count of votes cast at that polling place, or any other polling place, until the close of the poll at all polling places.

  2. However, the Chief Electoral Officer may disclose that information if he or she considers that the disclosure of the information will not unduly influence—

  3. the overall result of the poll in an electoral district; or
    1. the number of seats in Parliament that a party is entitled to be allocated under sections 191 and 192, and the selection of list candidates under section 193.

      1. A person commits an offence and is guilty of a corrupt practice if—

      2. the person knows that,—
        1. as a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place has been delayed; and
          1. the Chief Electoral Officer has not disclosed the results of a preliminary count of votes cast at that polling place or any other polling place; and
          2. the person discloses information about those results.

            1. Subsection (3) does not apply to disclosures of information between—

            2. electoral officials; or
              1. members of the Electoral Commission; or
                1. electoral officials and members of the Electoral Commission.

                  Notes
                  • Section 195D: inserted, on , by section 17 of the Electoral Amendment Act 2020 (2020 No 2).