Local Electoral Act 2001

Conduct of elections and polls - Voting, processing, and counting of votes

82: Justices of the Peace to observe processing before close of voting

You could also call this:

"Justices of the Peace check voting documents are counted fairly"

Illustration for Local Electoral Act 2001

You need to know that the electoral officer chooses at least one Justice of the Peace to watch how voting documents are processed, as stated in section 80. The electoral officer can choose more Justices if they think it is necessary. One of the Justices must be there when any steps in section 80 are being taken during or after voting. You are told that each Justice gives a certificate to the electoral officer saying whether they think the rules in section 80 were followed. If a Justice is not satisfied, they must attach a report to their certificate explaining what went wrong. This report must say how the rules were not followed. The Justice's certificate and report help make sure the voting process is fair and follows the rules.

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"Scrutineers must stay away during vote counting until voting is closed"


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83: Scrutiny of roll, or

"Checking the voting list to make sure everyone only votes once"

Part 3Conduct of elections and polls
Voting, processing, and counting of votes

82Justices of the Peace to observe processing before close of voting

  1. The electoral officer must appoint at least 1 Justice of the Peace, and may appoint as many additional Justices as the electoral officer considers necessary, to observe the processing of voting documents under section 80.

  2. At least 1 Justice appointed under subsection (1) must be present when any step referred to in section 80 is being taken during the voting period or is being completed after the close of voting.

  3. Every Justice appointed under subsection (1) must give a certificate to the electoral officer stating whether or not the Justice is satisfied that section 80 and the regulations prescribing the procedure for early processing of voting documents were complied with while the Justice was observing the processing of voting documents.

  4. A Justice who gives a certificate stating that he or she is not satisfied that section 80 or that the applicable regulations were complied with must attach a report to the certificate setting out any way in which the section or regulations, as the case may be, were not complied with.