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Local Electoral Act 2001

Conduct of elections and polls - Adjourned elections or polls

73B: Electoral officer may abandon voting method

You could also call this:

"The electoral officer can stop using a voting method if it doesn't work properly."

Illustration for Local Electoral Act 2001

You can't use a voting method if it fails or is compromised. The electoral officer decides if a method has failed or been compromised. They do this if a system used for voting fails or is manipulated. You can't use votes cast with a failed method, even for section 83(2). If your vote is disregarded, you can vote again using another method or a special vote. The electoral officer tells the public when a method is abandoned. The electoral officer must give public notice as soon as possible. They also notify electors whose votes have been disregarded, if possible. They can give other notices if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS189033.

Topics:
Government and voting > Elections
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"Electoral officers keep your vote safe and private"

Part 3Conduct of elections and polls
Adjourned elections or polls

73BElectoral officer may abandon voting method

  1. The electoral officer may abandon a voting method if, at any time during the voting period, the electoral officer has reasonable grounds to consider that the method has failed or been compromised.

  2. Without limiting subsection (1), a voting method fails or is compromised if—

  3. a system or facility used for the method fails or malfunctions with the effect that some or all of the votes cast using the method are destroyed or otherwise irretrievable:
    1. a system or facility used for the method has been manipulated with the effect that it is not possible for the electoral officer to be satisfied, for some or all of the votes cast using the method, that the votes are recorded accurately.

      1. If the voting method involves a combination of or choice between methods, the decision to abandon a method applies only to (and affects only votes cast using) the method that has failed or been compromised.

      2. If the electoral officer abandons a voting method,—

      3. any votes cast using the method must be disregarded (including for the purpose of section 83(2)); and
        1. an elector whose vote is disregarded may vote again—
          1. using another method of voting (if subsection (3) applies); or
            1. by casting a special vote; and
            2. if the public notice under subsection (5)(a) is given less than 14 days before the close of voting, the electoral officer must adjourn the close of voting to the date that is 14 days after the public notice is given.

              1. The electoral officer must, as soon as is reasonably practicable,—

              2. give public notice that the method has been abandoned and of the matters described in subsection (4); and
                1. if it is possible to identify electors whose votes have been disregarded, take all reasonable steps to notify those electors that the method has been abandoned and of the matters described in subsection (4).

                  1. The electoral officer may give any other notice that the electoral officer considers desirable.

                  Notes
                  • Section 73B: inserted, on , by section 7 of the Local Electoral Matters Act 2019 (2019 No 7).