New Zealand 1852 Constitution (reviewed 2014) - Page 22 of 42

Table of Contents

Part 6. Elections

Subpart 1. General elections

125. Writ for general election

Whenever Parliament is dissolved or expires, the Governor-General must, not later than 7 days after the dissolution or expiration, issue a writ in form 3 to the Electoral Commission requiring the Electoral Commission to make all necessary arrangements for the conduct of a general election.

126. Writs for general election

[Repealed]

127. Election of list candidates

At any general election any secretary of a political party that is registered under Part 4 may forward to the Electoral Commission a list of candidates for election to the seats reserved for those members of Parliament elected from lists submitted under this section.
A list submitted under this section shall be in form 4 and shall list candidates in order of the party’s preference commencing with the first in order of preference and ending with the last.
Every list submitted under this section, and the declaration required by subsection (3A),—
1. must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and
2. may be submitted by hand, post, or electronically.
Every list submitted under this section must be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that must—
1. declare that the secretary is satisfied that each person named on the list submitted under this section is qualified under this Act to be a candidate; and
2. state whether the party is a party in respect of which there are 1 or more component parties; and
3. if the party has 1 or more component parties, state the name of each component party.
The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—
1. a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate’s consent to the nomination; and
2. any statutory declaration made by the candidate received under section 49(4)(b).
[Repealed]
The Electoral Commission shall give a receipt in writing for every list accepted by the Electoral Commission.
Where a list under this section is submitted by a political party that has a logo registered under section 71F, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion—
1. on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and
2. on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper.
Every logo submitted under this section—
1. must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and
2. may be submitted by hand, post, or electronically.

127A. Deposit by party secretary

If a secretary of a political party submits a list under section 127, he or she must pay to the Electoral Commission, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax).
The deposit must be paid by—
1. direct credit to a bank account nominated by the Electoral Commission; or
2. bank cheque.
The deposit is forfeit and must be paid into a Crown Bank Account if the party neither—
1. receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor
2. wins a constituency seat.
In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—
1. a duly completed return under section 206I in respect of that party; and
2. the auditor’s report obtained under section 206L that relates to that return.
For the purposes of subsection (3)(b), a party wins a constituency seat if—
1. a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or
2. a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.

128. Acceptance or rejection of lists by Electoral Commission

The Electoral Commission must reject a list submitted under section 127—
1. if the list is not submitted by a political party registered under Part 4; or
2. if the list is not lodged with the Electoral Commission by noon on nomination day; or
3. if the list does not contain the name of at least 1 candidate; or
4. if the list is not accompanied by the declaration required by section 127(3A); or
5. [Repealed]
6. if the deposit required by section 127A is not paid by noon on nomination day.
Where—
1. any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or
2. the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on nomination day,—
the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.
If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

128A. Notice of change in component parties

Where the list of any political party has been accepted by the Electoral Commission under section 127(6), it shall be the duty of the secretary of that political party to notify the Electoral Commission by a declaration in the manner provided for by section 9 of the Oaths and Declarations Act 1957 of any change occurring before polling day in the details recorded in the declaration made under section 127(3A).
Every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs.

128B. Electoral Commission must record and notify change in component parties

If the component parties of a political party listed in the copy of any declaration received by the Electoral Commission under section 127(3A) differ from those recorded in the Register of Political Parties established by section 62(2), the Electoral Commission—

must amend the Register so that the component parties recorded in the Register are the same as those recorded in the declaration made to the Electoral Commission; and
must, immediately after amending the Register under paragraph (a), publish in the Gazette a notice of the amendment made under that paragraph.

128C. Withdrawal of list of candidates

Any secretary of a political party may withdraw a list of candidates submitted by him or her under section 127 by notice in form 4A signed by him or her and witnessed by a Justice of the Peace or solicitor.
No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates.
If a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127.
Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127.

Subpart 2. By-elections for vacancies in seats of members representing electoral districts

129. By-elections for members representing electoral districts

If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.
The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a writ in form 6 requiring the Electoral Commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy.
In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1).
This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

130. When Governor-General to act for Speaker

[Repealed]

131. Power to resolve in certain cases that by-election not be held

Notwithstanding anything in section 129, no writ shall be issued for a by-election to supply a vacancy in the House of Representatives if—

the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or
following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a writ is not to be issued to supply the vacancy.

132. Writ for by-election

[Repealed]

133. No writ to issue pending election petition

If after a petition has been presented against the return of any member representing an electoral district his or her seat becomes vacant on any of the grounds mentioned in section 55, no writ to fill the vacancy shall be issued until after the petition has been disposed of, and not then if the court determines that that member was not duly elected or returned and that some other person was duly elected or returned.

Subpart 3. Filling of vacancies in other seats

134. Supply of vacancy of seat of member elected from party list

If the Speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.
The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a warrant in form 7 directing the Electoral Commission to proceed forthwith to supply the vacancy.
This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

135. When Governor-General to act for Speaker

[Repealed]

136. Power to resolve in certain cases not to supply vacancy

Notwithstanding anything in section 134, no direction shall be issued under that section to the Electoral Commission to supply a vacancy in the House of Representatives if—

the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or
following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a direction is not to be issued to supply the vacancy.

137. Method of supplying vacancy

On receipt of any direction under section 134, the Electoral Commission must proceed to fill the vacancy in the manner prescribed in this section.
The Electoral Commission must determine which of the unelected candidates whose name was included in the same party list as the member whose seat has been declared vacant stood highest in the order of preference.
If that candidate is still alive, the Electoral Commission must inquire of the secretary of the political party on whose list the candidate appeared, whether the candidate remains a member of that party.
If that candidate is still alive and remains a member of that political party, the Electoral Commission must then inquire of that candidate whether that candidate is willing to be a member of Parliament, and if that candidate so indicates his or her willingness, the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.
If that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of Parliament, the Electoral Commission must proceed to make the inquiries described in subsections (3) and (4) in respect of the following candidate in order of preference on the party list, and so on, in descending order of preference, until one of the candidates who remains a member of the party signifies his or her willingness to be a member of Parliament, in which case the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.
If—
1. no candidate signifies his or her willingness to be a member of Parliament; or
2. there is no candidate lower in the order of preference on the party list than the member of Parliament whose seat has been declared vacant,—
the vacancy shall not be filled until the next general election.
Whenever subsection (6) applies, the Electoral Commission must publish in the Gazette a notice stating that the vacancy cannot be filled.

138. Filing of return

Where any vacancy is filled under section 137, or the Electoral Commission determines that the vacancy cannot be filled, the Electoral Commission shall, as soon as is convenient, file with the Clerk of the House of Representatives a return indicating,—

in any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or
in any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return.

Subpart 4. Issue of writ

139. Contents of writ

In every writ for a general election or a by-election there shall be appointed—
1. the latest day for the nomination of constituency candidates; and
2. a day for the polling to take place if a poll is required, being a Saturday; and
3. the latest day for the return of the writ.
Polling day shall not be earlier than the 20th day after nomination day nor later than the 27th day after nomination day.
[Repealed]
The latest day for the return of the writ (other than a writ issued under section 153E(2)) shall be the 50th day after its issue.
The latest day for the return of a writ issued under section 153E(2) shall be the 78th day after its issue.

140. Chief Registrar to be notified of writ

[Repealed]

141. Returning Officer to be notified of writ

Immediately after receiving a writ requiring an election to be held in a district, the Electoral Commission must notify the Returning Officer for the district of the following matters:

the issue of the writ:
the nomination day appointed in the writ:
the polling day appointed in the writ.

142. Returning Officer to give public notice of polling day, nomination day, and nomination process

Immediately after receiving notification under section 141, the Returning Officer must give public notice of the following matters:
1. the polling day appointed in the writ:
2. the nomination day appointed in the writ:
3. the requirements for submitting nominations of candidates.
Every notice given under subsection (1) must be in a form approved by the Electoral Commission.

Subpart 5. Nominations

143. Nominations of candidates for electoral districts

Any person qualified under this Act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission.
A person’s consent to nomination—
1. must, unless subsection (3) applies, be given in writing or electronically; but
2. need not be given at the time the nomination paper is lodged.
Where any person is for the time being outside New Zealand, his or her consent, for the purposes of subsection (2), may be signified to the Returning Officer in any manner approved by the Electoral Commission.
If a nomination paper is lodged with the Returning Officer under subsection (1) in relation to a candidate for a political party, and the political party has a logo registered under section 71F, then in the following cases a copy of the logo may be submitted to the Returning Officer for inclusion on the ballot paper in accordance with section 150(13):
1. in the case of a general election,—
  1. if the political party is not registered under Part 4; or
  2. if the political party is registered under Part 4, but is not submitting a party list under section 127:
2. in the case of a by-election, whether the political party is registered under Part 4 or not.
Every nomination paper and every consent and every logo submitted under subsection (3A) for inclusion on the ballot paper shall be lodged with or given to the Returning Officer for the district not later than noon on nomination day. The Returning Officer shall give a receipt in writing for every nomination accepted by him or her.
Each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Returning Officer, is sufficient to identify the constituency candidate.
Every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper.
No elector may nominate more than 1 constituency candidate.
Any registered elector of the district may inspect any nomination paper or consent at the Returning Officer’s office without payment at any time when the office is open for the transaction of business.

144. Deposit by candidate

Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day.
The deposit shall be paid in the form of money, a bank draft, or a bank cheque.
The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district.
In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission has received from that candidate duly completed returns under sections 205K and 209.

145. Acceptance or rejection of nomination

The Returning Officer shall reject the nomination of any constituency candidate—
1. if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or
2. if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or
3. if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or
4. [Repealed]
5. if the required deposit is not paid as required by this Act.
Subject to the concurrence of the Electoral Commission, the Returning Officer shall not accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such evidence (if any) as the Returning Officer requires, that the name under which the candidate is nominated is—
1. the name under which the candidate’s birth was registered, with any alteration or addition made thereto under section 20 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 or an earlier corresponding provision; or
2. in the case of a person who has been adopted, the name conferred on that person by the adoption order; or
3. the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer; or
4. the name which was adopted by the candidate through a name change registered under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer and which was used by the candidate throughout that period.
Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection.
[Repealed]
Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the Returning Officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.
In every other case the Returning Officer shall accept the nomination.
Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition.

146. Withdrawal of nomination

Any constituency candidate may withdraw his or her nomination by a notice in form 10, signed by him or her and witnessed by a Justice of the Peace or a solicitor.
No withdrawal of nomination shall have any effect unless it is lodged with the Returning Officer not later than noon on nomination day.
Where a candidate has duly withdrawn his or her nomination his or her deposit shall be returned to the person who paid it.

Subpart 6. Bulk nomination of candidates by registered political parties

146A. Purpose of sections 146B to 146L

Sections 146B to 146L provide an alternative to the procedures set out in sections 143 to 146 by which people can be nominated as candidates for election for electoral districts.

146B. Notice of intention to lodge bulk nomination

If, at any general election, a political party that is registered under Part 4 intends to lodge a bulk nomination schedule of candidates for election for electoral districts, the secretary of that party must notify that intention to the Electoral Commission.
A notification under subsection (1)—
1. must be given not later than 1 working day after writ day for the general election; and
2. must be on a form provided by the Electoral Commission; and
3. may be given by hand, post, or electronically.
The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the Electoral Commission.
A withdrawal under subsection (3)—
1. must be on a form provided by the Electoral Commission; and
2. may be given by hand, post, or electronically.

146C. Effect of notification of intention to lodge bulk nomination on nominations under section 143

If the secretary of a political party notifies the party’s intention to the Electoral Commission under section 146B(1), that notification remains in force for the purposes of the general election unless—
1. the notification is withdrawn under section 146B(3); or
2. any bulk nomination schedule lodged by the secretary of that party is rejected under section 146G; or
3. the secretary of that party withdraws, under section 146I, a bulk nomination schedule previously lodged by the secretary without providing either of the following:
  1. an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or
  2. another bulk nomination schedule in accordance with section 146D.
While a notification of a party’s intention under section 146B remains in force for the purposes of a general election,—
1. no Returning Officer may accept a nomination made under section 143 in respect of a candidate for that political party; and
2. if a Returning Officer has already accepted a nomination made under section 143 in respect of a candidate for that political party, that nomination is of no effect and is to be treated as if it had been withdrawn under section 146.

146D. Bulk nomination of constituency candidates

At any general election, the secretary of a political party that is registered under Part 4 may, in accordance with this section, nominate as candidates for election for electoral districts persons who are qualified under this Act and who consent to be nominated.
The secretary of a party may nominate its candidates under this section by lodging, with the Electoral Commission, a single bulk nomination schedule on a form provided by the Electoral Commission.
A bulk nomination schedule—
1. may be lodged by hand, post, or electronically; and
2. must be lodged with the Electoral Commission not later than noon on the day before nomination day.
The Electoral Commission must give a written receipt for every bulk nomination schedule that the Electoral Commission accepts.

146E. Bulk nomination schedule

The following requirements apply in relation to a bulk nomination schedule:
1. the schedule must specify the electoral districts for which candidates are nominated in the schedule:
2. the schedule must state, in relation to each such electoral district,—
  1. the full name of the constituency candidate; and
  2. if the candidate’s full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper.
Every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that the secretary is satisfied that each constituency candidate nominated in the schedule is qualified under this Act to be a constituency candidate.
The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—
1. a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate’s consent to the nomination; and
2. any statutory declaration made by the constituency candidate received under section 49(4)(b).
If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 71F, but the political party is not submitting a party list under section 127, then a copy of the logo may be lodged with the Electoral Commission for inclusion on the ballot paper in accordance with section 150(13).
Every logo lodged under subsection (4)—
1. may be lodged by hand, post, or electronically; and
2. must be lodged with the Electoral Commission not later than noon on nomination day.

146F. Deposit payable in respect of bulk nomination schedule

If a secretary of a party lodges a bulk nomination schedule under section 146D, he or she must pay to the Electoral Commission, by noon on the day before nomination day, a deposit of $300 (inclusive of goods and services tax) for every constituency candidate nominated in the bulk nomination schedule.
The deposit must be paid in 1 lump sum by—
1. direct credit to a bank account nominated by the Electoral Commission; or
2. bank cheque.
If an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into a Crown Bank Account.
After deducting any amounts forfeit under subsection (3), the Electoral Commission must return the remainder (if any) of the amount paid under subsection (1) to the party secretary, but only if the Electoral Commission has received from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 205K and 209.

146G. Acceptance or rejection of bulk nomination schedule or nomination of candidate

The Electoral Commission must reject a bulk nomination schedule lodged under section 146D—
1. if the schedule is not lodged by the secretary of a political party registered under Part 4; or
2. if the intention to lodge the schedule has not been notified under section 146B; or
3. if the schedule is not lodged with the Electoral Commission by noon on the day before nomination day; or
4. if the schedule does not contain the declaration required by section 146E(2); or
5. [Repealed]
6. if the deposit required by section 146F(1) is not paid by noon on the day before nomination day.
The Electoral Commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145(2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications.
The Electoral Commission must reject the nomination of a candidate listed on a bulk nomination schedule if—
1. the candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or
2. the written notice required by section 146E(3) in relation to that candidate is not lodged with the Electoral Commission by noon on nomination day.
In every other case the Electoral Commission must accept the bulk nomination schedule and the nominations made on the schedule.
Subsection (4) does not limit the jurisdiction of the court hearing an election petition.

146H. Amendment of bulk nomination schedule

If the secretary of a party lodges a bulk nomination schedule with the Electoral Commission by noon on the day before nomination day, the secretary may, at any time before noon on nomination day, provide to the Electoral Commission any information necessary to remedy any defect or omission in the schedule, or in any document required to be lodged with the schedule.
Information may be provided under subsection (1) to the Electoral Commission by hand, post, or electronically.
If the Electoral Commission receives any information under subsection (1),—
1. the Electoral Commission must, where appropriate, amend the bulk nomination schedule or other document to which the information relates:
2. the Electoral Commission must take the information into account in determining whether to accept or reject, under section 146G, the bulk nomination schedule, or the nomination of a candidate listed on the schedule.
This section does not authorise the secretary of a party to—
1. substitute a different person as a candidate for election for an electoral district; or
2. nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the Electoral Commission.

146I. Withdrawal of bulk nomination schedule

A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D.
A bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the Electoral Commission, signed by the secretary of the party and witnessed by a Justice of the Peace or a solicitor.
The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Electoral Commission, by hand, post, or electronically, by noon on nomination day.
If the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146B(1) automatically ceases to be in force, unless—
1. the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or
2. at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D.
If a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146D.
If a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146F must be returned to the party secretary, unless the party secretary submits another bulk nomination schedule in accordance with section 146D.

146J. Withdrawal of nomination in bulk nomination schedule

A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K may withdraw his or her nomination by a notice on a form provided by the Electoral Commission, signed by him or her and witnessed by a Justice of the Peace or a solicitor.
No withdrawal of nomination under subsection (1) has any effect unless it is lodged with the Electoral Commission not later than noon on nomination day.
If a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146F(1) in respect of that candidate must be returned to the party secretary, unless another candidate for election for that electoral district is nominated under section 146K.

146K. Replacement nomination if earlier nomination withdrawn or lapses

If a candidate for election for an electoral district withdraws his or her nomination under section 146J, or the nomination of a constituency candidate nominated in a bulk nomination schedule is required by section 152 or section 152A(3) to be treated as if it had not been made, the secretary of the party may nominate another candidate for election for that electoral district in the following manner:
1. written notice of the nomination must be lodged with the Electoral Commission, by hand, post, or electronically, not later than noon on nomination day:
2. the requirements set out in subsections (1) to (3) of section 146E apply in relation to a notice under this section as if the nomination were made in a bulk nomination schedule:
3. the secretary of the party must lodge with the Electoral Commission, by noon on nomination day, a deposit (in the form of money, a bank draft, or a bank cheque) of the amount payable under section 146F(1) for a constituency candidate nominated in a bulk nomination schedule, unless the Electoral Commission holds the amount of the deposit paid under section 146F(1) in respect of the candidate whose nomination was withdrawn or (as the case may be) who died or became incapacitated.
Sections 146F(3) and (4), 146G, and 146H apply in relation to a nomination lodged under this section as if the nomination had been included in a bulk nomination schedule, except that the references in those sections to the day before nomination day are to be read as references to nomination day.

146L. Inspection of bulk nomination schedules and consents to nomination

Any registered elector may inspect the following material at the Electoral Commission’s office without payment at any time when the office is open for the transaction of business:

any bulk nomination schedule lodged under this Act:
any copy of a consent lodged with a bulk nomination schedule in accordance with section 146E(3):
any information provided to the Electoral Commission under section 146H:
any nomination lodged under section 146K.

Subpart 7. Advertisements

147. Advertisement of nomination and polling places

After the close of nominations in any district the Returning Officer shall forthwith forward to the Electoral Commission at Wellington—
1. the names of the constituency candidates who have been nominated under section 143 and who have not withdrawn their nominations; and
2. the party affiliations (if any) of the candidates referred to in paragraph (a) and copies of the party logos (if any) submitted under section 143(3A) in respect of those candidates.
The Electoral Commission must immediately notify to every Returning Officer—
1. the names of the constituency candidates who have been nominated for each district in which a poll is required to be taken and who have not withdrawn their nominations; and
2. the party affiliations (if any) of the candidates referred to in paragraph (a), and copies of the party logos (if any) submitted in accordance with section 143(3A) or section 146E(4) in respect of those candidates; and
3. the names of the political parties that have submitted lists in accordance with section 127 and the party logos (if any) submitted in accordance with subsections (7) and (8) of that section in respect of those parties; and
4. the names of the candidates on the lists referred to in paragraph (c) or, where the names of more than 65 candidates are included on any such list, the first 65 of those names.
Subject to subsection (4), the Returning Officer for each district in which a poll is required to be taken shall, not later than the day before polling day, publish—
1. the names of constituency candidates contesting the district and their party affiliations (if any); and
2. the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); and
3. the polling places for the district; and
4. the polling places in the district that have suitable access for persons who are physically disabled—
in at least 1 newspaper circulating in the district in such manner as the Returning Officer considers most likely to give full publicity thereto.
The Returning Officer for a district in which a poll is required to be taken shall not be obliged to comply with subsection (3) if the Electoral Commission exercises, in respect of that district, the power conferred on the Electoral Commission by subsection (5).
The Electoral Commission may, by such methods as the Electoral Commission considers appropriate (including by post), send to every residential address in an electoral district at which 1 or more electors reside the information specified in paragraphs (a) to (d) of subsection (3).

Subpart 8. Uncontested elections

148. Procedure where election not contested

If—
1. only 1 constituency candidate is nominated in a district; or
2. any constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,—
the Electoral Commission must, in accordance with section 179(2), declare the constituency candidate to be duly elected.
The name of the person so elected must be endorsed on the writ by an Electoral Commissioner on behalf of the Electoral Commission, and the writ must be returned to the Clerk of the House of Representatives in accordance with section 185.

Subpart 9. Elections

149. Poll to be taken

A poll shall be taken by secret ballot at the several polling places of the district on polling day.

150. Form of ballot papers

Subject to subsection (18), the ballot papers to be used at any election shall be in form 11.
Forthwith after nomination day for an election, the Electoral Commission must cause ballot papers to be printed in sufficient numbers for the election.
Subject to subsection (4), each ballot paper in form 11 shall comprise 2 votes, namely, a party vote and an electorate vote.
If only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148, the part of the ballot paper that relates to the electorate vote shall not be printed and the ballot paper shall thereafter be treated as if it comprised only the party vote.
If more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section).
On the part of the ballot paper relating to the electorate vote—
1. the names of the constituency candidates shall be arranged alphabetically in order of their surnames:
2. the other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname:
3. the surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type:
4. the name of the political party of the constituency candidate, if any,—
  1. shall be shown immediately below the candidate’s name; and
  2. shall be in characters that are smaller than those used for the surname of the constituency candidate; and
  3. shall not be in bold type:
5. such other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown.
A constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates.
No constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word “INDEPENDENT”, without further qualification or addition, shown on the ballot paper immediately below that candidate’s name.
On the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 (not being a political party that has submitted a list that has been rejected under section 128) shall be shown.
The names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that—
1. where the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and
2. where the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote.
Subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party.
On the part of the ballot paper that relates to the party vote,—
1. a circle shall be shown on the ballot paper to the right of the name of each political party; and
2. the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission for inclusion on the ballot paper, shall be shown to the left of the name of the political party.
On the part of the ballot paper that relates to the electorate vote,—
1. a circle shall be shown on the ballot paper to the left of each candidate’s name; and
2. the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission in accordance with subsections (7) and (8) of section 127 or to the Returning Officer in accordance with subsections (3A) and (4) of section 143 or in accordance with subsections (4) and (5) of section 146E for inclusion on the ballot paper, shall be shown to the right of the name of the candidate.
Every ballot paper shall have a counterfoil in form 13.
There shall also be printed (in a form that is readable either with or without the aid of technology)—
1. on the ballot paper; and
2. in the space provided in the counterfoil attached to the ballot paper,—
a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number.
Where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the Electoral Commission must decide the question.
At any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply.
Every ballot paper used at a by-election shall be in form 12.
Where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the Electoral Commission may abbreviate the name or names to be shown in such manner as will enable them to fit on the ballot paper.

151. Name of political party for constituency candidates

Where a name is shown on a nomination paper, or other document on which a constituency candidate consents to his or her nomination, as the name of the constituency candidate’s political party, the Returning Officer may, if he or she considers it necessary, require the candidate to produce evidence sufficient to satisfy the Returning Officer of the candidate’s eligibility to claim that accreditation.
Where the Returning Officer considers that the name shown on the nomination paper or other document as the name of the constituency candidate’s political party is indecent or offensive or excessively long or likely to cause confusion to or mislead electors,—
1. the Returning Officer shall, after consultation with the candidate, show on the ballot paper as the name of the candidate’s political party such name as the Returning Officer and the candidate agree upon in place of that shown on the nomination paper or other document; and
2. if, on such consultation, the Returning Officer and the candidate cannot agree, or if consultation is not reasonably practicable, the Returning Officer shall not show any name on the ballot papers as the name of the candidate’s political party.

Subpart 10. Death or incapacity of candidate

151A. Interpretation

For the purposes of sections 152A to 153H, a candidate is incapacitated if the Returning Officer or, as the case requires, the Electoral Commission is satisfied that, because the candidate is suffering from a serious illness or has sustained a serious injury,—

if section 152A applies, the candidate is unable to personally withdraw his or her nomination; and
in any case, the candidate, if elected, would be unlikely to be capable of taking the Oath of Allegiance as a member of Parliament on the 51st day after writ day.

152. Death before close of nominations

If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—
1. his or her nomination is to be treated in all respects as if it had not been made; and
2. his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.
Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day.
If this subsection applies, then, once the Returning Officer is satisfied of the fact of death,—
1. the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and
2. the Returning Officer must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations.
If subsection (3) applies, but the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, the references to Returning Officer in subsection (3) are to be read as references to the Electoral Commission.

152A. Incapacity of candidate before close of nominations

If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination.
Section 152B sets out how an application under subsection (1) must be made, and section 152C sets out how it is to be dealt with.
If the Returning Officer or, as the case requires, the Electoral Commission cancels the nomination in accordance with section 152C(3),—
1. the candidate’s nomination is to be treated in all respects as if it had not been made; and
2. the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it.
If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then—
1. the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and
2. the Returning Officer or, as the case requires, the Electoral Commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations.

152B. Procedural provisions relating to making of application under section 152A(1)

An application under section 152A(1) must be made as follows:
1. if the candidate was nominated under section 143,—
  1. the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
  2. the application must be made to the Returning Officer for the district:
2. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K,—
  1. the application must be made by the secretary of the party:
  2. the application must be made to the Electoral Commission.
The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.
The application must be accompanied by a certificate signed by a medical practitioner that certifies—
1. as to the candidate’s condition; and
2. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.
The application—
1. must be submitted to the Returning Officer or, as the case requires, the Electoral Commission not later than 4 pm on nomination day; and
2. may be submitted by hand, post, or electronically.

152C. How application under section 152A to be dealt with

On receiving an application made under section 152A(1), the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.
For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Returning Officer or Electoral Commission considers necessary.
If, before midnight on nomination day, the Returning Officer or Electoral Commission determines that the candidate became incapacitated before the close of nominations, the Returning Officer or Electoral Commission must cancel the candidate’s nomination.
If the Returning Officer or Electoral Commission has not made a determination under subsection (1) before midnight on nomination day, then—
1. section 152A does not apply; and
2. the application is to be treated as if it were an application under section 153G(1), and is to be determined accordingly.
As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission must inform the applicant or applicants of that determination.

153. Death or incapacity of list candidate after submission of list

This section applies if a list candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the submission of the list and before the declaration required by section 193(5).
If this section applies,—
1. the poll must proceed; and
2. the list must be treated subsequently as if the candidate’s name had never been included on that list.

153A. Death or incapacity of constituency candidate after close of nominations and before polling day

This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of nominations and before polling day.
If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,—
1. in the case of a general election,—
  1. issue a notice cancelling the poll for the election of a member of Parliament for the district; and
  2. proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and
2. in the case of a by-election, issue a notice cancelling the poll; and
3. report to the Electoral Commission—
  1. the issue and the date of the notice, under paragraph (a) or paragraph (b), cancelling the poll; and
  2. whether the poll was cancelled because of the candidate’s death or because of the candidate’s incapacity; and
  3. the date of the candidate’s death, if applicable; and
  4. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
Immediately after the Electoral Commission receives the Returning Officer’s report under subsection (2)(c), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
1. the name of the candidate whose death or whose incapacity resulted in the cancellation of the poll for the election of a member of Parliament for the district concerned; and
2. the date of the notice by which the poll was cancelled; and
3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153B. Death or incapacity of constituency candidate on polling day

This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll.
If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,—
1. in the case of a general election,—
  1. immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and
  2. proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and
2. in the case of a by-election, immediately close the poll; and
3. report to the Electoral Commission—
  1. the closure of the poll or part of the poll and the time of the closure; and
  2. whether the poll or part of the poll was closed because of the candidate’s death or because of the candidate’s incapacity; and
  3. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
Immediately after the Electoral Commission receives the Returning Officer’s report under subsection (2)(c), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
1. the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and
2. the time of that closure; and
3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153C. Death or incapacity of successful constituency candidate after close of poll and before declaration of result

This section applies if—
1. a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and
2. it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected.
If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must report to the Electoral Commission—
1. the death or incapacity of the candidate; and
2. the date of the candidate’s death, if applicable; and
3. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
Immediately on the Electoral Commission being satisfied of the Returning Officer’s report under subsection (2), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
1. the name of the candidate; and
2. that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and
3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153D. Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll

The provisions of this Act as to an equality of votes between constituency candidates apply even though, after the close of the poll, one of those candidates dies or the nomination of one of those candidates is cancelled on the grounds of incapacity.

153E. New election to be held if writ vacated

Immediately after an Electoral Commissioner has endorsed the writ in accordance with section 153A or section 153B or section 153C, the Electoral Commission must notify the Governor-General of the need for a fresh election because of the death or the incapacity of the candidate concerned.
On receiving notification under subsection (1), the Governor-General must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this Act provides otherwise.
The main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition.
Any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election.
All appointments of polling places made in respect of the election that has failed continue in respect of the new election.

153F. Destruction of ballot papers if by-election interrupted

This section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity.
If this section applies,—
1. all ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and
2. those packages must be sent, unopened, to the Returning Officer; and
3. the Returning Officer must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace.

153G. Application for cancellation of nomination if candidate incapacitated after close of nominations

An application may be made for the cancellation of the nomination of a candidate if,—
1. in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):
2. in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.
An application under subsection (1) must be made as follows:
1. if the candidate was nominated under section 143,—
  1. the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
  2. the application must be made to the Returning Officer for the district:
2. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—
  1. the application must be made by the secretary of the party:
  2. the application must be made to the Electoral Commission.
The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.
The application must be accompanied by a certificate signed by a medical practitioner that certifies—
1. as to the candidate’s condition; and
2. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.
The application—
1. must be submitted to the Returning Officer or, as the case requires, the Electoral Commission—
  1. as soon as practicable after the candidate becomes incapacitated; and
  2. before the declaration of the result of the poll; and
2. may be submitted by hand, post, or electronically.

153H. How application under section 153G to be dealt with

On receiving an application made under subsection (1) of section 153G, the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.
For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Returning Officer or Electoral Commission considers necessary.
If, before the declaration of the result of the poll, the Returning Officer or Electoral Commission determines that the candidate became incapacitated in the circumstances set out in section 153G(1), the Returning Officer or Electoral Commission must cancel the candidate’s nomination.
If the Returning Officer or Electoral Commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined.
As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission must inform the applicant or applicants of that determination.

Subpart 11. Candidates’ meetings

154. Use of public schoolrooms for election meetings

Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions:
1. 3 days’ notice of the proposed public meeting shall be given to the governing body of the school:
2. the use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates:
3. no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section.
If it is proved that any such meeting was not a public meeting within the meaning of this section, the person by whom and the candidate on whose behalf the meeting was convened shall each be liable on conviction to a fine not exceeding $1,000.
For the purposes of this section, the term candidate means—
1. any person who has declared his or her intention of becoming a candidate either by advertisement in a newspaper, or by circular, or by announcement at a public meeting, or by duly consenting to nomination, but does not include a candidate who has withdrawn his or her nomination; or
2. any person whose name has been included in a list submitted under section 127.

Subpart 12. Polling at elections

155. Power to appoint polling places

In respect of each election, the Electoral Commission may from time to time, subject to subsections (2) to (4), appoint polling places for any district, and may revoke, alter, or add to any such appointment.
The polling places appointed for any district may include polling places that are not within the limits of that district.
No polling place shall be appointed in any licensed premises under the Sale and Supply of Alcohol Act 2012 that will, at any time on polling day, be open for the sale, supply, or consumption of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012).
At least 12 polling places within the limits of each district shall have access that is suitable for persons who are physically disabled.
The Electoral Commission may make the details of every appointment, revocation, alteration, or addition publicly available by any means that the Electoral Commission considers appropriate.
Subsection (5) does not limit section 147.

156. Use of public schools as polling places

Any public primary school or intermediate school or secondary school may be appointed to be a polling place under section 155, and in every such case it shall be the duty of the governing body of the school to place it at the free disposal of the Returning Officer from 4 pm on the day before polling day and for the whole of polling day.
The cost of cleaning any part of a school used as a polling place, the cost of lighting and heating used on polling day, and the cost of repairing any damage arising from the use of a school as a polling place, shall be defrayed by the Returning Officer out of money to be appropriated by Parliament.

157. Materials for polling places

The Returning Officer must ensure that each polling place has the following things for the purposes of the poll:
1. 1 or more inner compartments to enable voters to vote in secret:
2. in each inner compartment, suitable facilities for the marking of ballot papers:
3. 1 or more ballot boxes:
4. 1 or more copies of the main roll and supplementary rolls for the district:
5. a sufficient number of ballot papers.
The Returning Officer must ensure that there is displayed prominently in every polling place either—
1. the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); or
2. copies of the information sent to electors under section 147(5).

158. Appointment of polling place officials

The Returning Officer must, for each polling place, appoint in writing as many polling place officials as the Returning Officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place.
The Returning Officer must, in relation to each polling place, designate, by notice in writing, one of the polling place officials as the manager of the place.
The Returning Officer may, in relation to each polling place,—
1. authorise in writing 1 or more polling place officials to issue ballot papers at the place; and
2. designate in writing 1 or more of the polling place officials as interpreters; and
3. authorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager’s absence.
The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a Returning Officer for another electoral district.
The State Sector Act 1988 does not apply to a person appointed under this section.

158A. Polling place officials under direction of Electoral Commission and Returning Officer

The Electoral Commission and the Returning Officer may each give oral or written directions to all or any polling place officials.
Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission or the Returning Officer.

159. Exercise of powers and duties of polling place officials

The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place.
A person authorised under section 158(3)(c) has, while acting for a manager of a polling place, all the powers, duties, and functions of the manager.
Every polling place official must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.

159A. Interpreters

Whenever the Returning Officer designates polling place officials as interpreters, the Returning Officer must, at the request of a candidate, give the candidate the names of the interpreters.
Regulations made under section 267 may prescribe procedures governing the use of interpreters.

160. Scrutineers

Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election.
If, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district.
Every appointment of a scrutineer—
1. must be in writing; and
2. must be signed by the constituency candidate or, as the case requires, the secretary of the party.
Every scrutineer must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.
The number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place.
A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed.
Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted.
No candidate may act as a scrutineer under this section.

161. Hours of polling

The poll at every election shall commence at 9 am on polling day, and, except as otherwise provided in this Act, shall finally close at 7 pm on the same day.
Every elector who at the close of the poll is present in a polling place for the purpose of voting shall be entitled to receive a ballot paper and to mark and deposit it in the same manner as if he or she had voted before the close of the poll.

162. Employees to have time off to vote

Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid.
Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid.
Every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2).
Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000.
For the purposes of this section,—
- employer has the same meaning as in section 5 of the Employment Relations Act 2000
  
  master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship
  
  worker has the same meaning as that given to employee in section 6 of the Employment Relations Act 2000.
This section shall bind the Crown.

Subpart 13. Voting

163. Ballot box to remain closed during poll

The manager of the polling place shall, before the opening of the poll, and in sight of any of the scrutineers present,—
1. see that the ballot box is empty; and
2. close the ballot box; and
3. ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.
Subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll.
If the ballot box becomes full and no other ballot box is available, the manager of the polling place, in sight of any of the scrutineers present, may open the ballot box and compress the papers in it.
Where a ballot box is opened pursuant to subsection (3), the manager of the polling place shall, after compressing the papers and in sight of any of the scrutineers present,—
1. close the ballot box; and
2. ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

164. Persons not to remain in polling places

No person not actually engaged in voting may remain in a polling place other than the following:

the Returning Officer:
polling place officials:
scrutineers:
any other person with the permission of the Returning Officer.

165. Voters not to be communicated with in polling place

No scrutineer or other official or unofficial person shall communicate with any voter in a polling place either before or after the voter has given his or her vote, except only the issuing officer (with an interpreter if necessary), who may ask the questions he or she is authorised to put, and give such general directions as may assist any voter to give his or her vote, and in particular may on request inform a voter orally of the names of—
1. all the constituency candidates in alphabetical order with their party designations; and
2. all the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127.
Every person who offends against this section shall be liable on conviction to a fine not exceeding $400 and may at once be removed from the polling place by order of the manager.

166. Questions may be put to voters

The issuing officer may, and if so required by any scrutineer shall, before allowing any person to vote, put to that person the following questions:
1. are you the person whose name appears as AB in the electoral roll now in force for the [name of district] Electoral District?
2. have you already voted at this election in this or any other electoral district?
In every such case the issuing officer shall require the questions to be answered in writing signed by the person to whom they are put.
Every person to whom those questions are put who does not answer them, or does not answer the first in the affirmative and the second in the negative, shall be liable on conviction to a fine not exceeding $1,000, and shall be prohibited from voting then or afterwards at that election.
Every person who wilfully and knowingly makes a false answer to either of the questions that the issuing officer may put to that person under this section shall be liable on conviction to a fine not exceeding $1,000.

167. Issue of ordinary ballot papers

Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote.
An elector who applies to vote must—
1. verbally give or verbally confirm his or her name; and
2. give or confirm any other particulars that may be necessary to find the elector’s name on the rolls.
If an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand English or because of a physical disability, the elector may comply with that requirement by—
1. gesture; or
2. any other means with the assistance of a person nominated by the elector who is present with the elector.
If the name of the elector is on the rolls, the issuing officer must—
1. mark the rolls to indicate that the elector has applied to vote:
2. if the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively:
3. write on the counterfoil of the ballot paper—
  1. the issuing officer’s initials; and
  2. the number of the page, and the number of the line, on which the elector’s name appears on the roll:
4. ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person:
5. issue the ballot paper to the elector.
Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section.

168. Method of voting

The voter, having received a ballot paper,—
1. shall immediately retire into one of the inner compartments provided for the purpose; and
2. shall there alone and secretly vote—
  1. by marking the party vote with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and
  2. by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.
Where the ballot paper comprises only a party vote or only an electorate vote, the provisions of subsection (3) shall apply instead of subsection (1).
The voter, having received a ballot paper,—
1. shall immediately retire into one of the inner compartments provided for the purpose; and
2. shall there alone and secretly vote either—
  1. by marking the party vote with a tick within the circle immediately after the name of the party by which the voter wishes to vote; or
  2. by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.
Every voter shall, before leaving the inner compartment, fold the ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box.
Nothing in this section limits the provisions of section 178(5)(a)(ii).

169. Spoilt ballot papers

Any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer that the voter has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the issuing officer.
The issuing officer shall—
1. cancel every such spoilt ballot paper by writing across the face thereof the words “Spoilt by voter, and a fresh ballot paper issued” and writing his or her initials thereon:
2. if any ballot paper is inadvertently spoilt by the issuing officer or any other official, cancel it by writing across the face thereof the words “Spoilt by official” and also the words “and a fresh ballot paper issued” if that is the case, and writing his or her initials thereon:
3. retain all spoilt ballot papers in his or her possession until the close of the poll.

170. Blind, disabled, or illiterate voters

Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.
At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter.
A voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box.
Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act.
Every person commits an offence, and shall be liable on conviction to a fine not exceeding $1,000, who, being a person who is present in accordance with this section or with any regulations when an elector votes, communicates at any time to any person any information obtained as to the constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter.
Regulations made under section 267 may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind.

171. Procedure when second vote given in same name

If any person proposing to vote at any election gives as his or her name the name of any person to whom a ballot paper has already been given at the same election, he or she shall be dealt with in all respects in like manner as any other voter: provided that the ballot paper of any such person shall not be deposited in the ballot box or allowed by the issuing officer, but shall be set aside for separate custody.

Subpart 14. Special voting

172. Voting by special voters

Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.
Different methods of voting may be prescribed for different classes of special voters.
The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.
The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.
Each constituency candidate may, by writing under his or her hand, appoint 1 or more scrutineers to be present at the office of the Registrar of Electors when he or she is performing his or her duties in relation to declarations in respect of special votes.
Every scrutineer shall, before being allowed to act, make a declaration in form 1 before the Registrar of Electors or the Returning Officer or a Justice of the Peace or a solicitor.
Where a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate shall be present at the office of the Registrar of Electors at any time.
No candidate shall act as scrutineer under this section.
Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

173. Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels

[Repealed]

173A. Special voting by facsimile

[Repealed]

Subpart 15. Preliminary count of votes

Preliminary count of votes cast in polling place
1. The manager of every polling place must, as soon as practicable after the close of the poll, in the presence of any scrutineers (including those lawfully in the polling place under any other Act) and the polling place officials, but of no other person, arrange for a preliminary count of the votes to be conducted in accordance with this section.
2. For the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,—
  1. the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or
  2. the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or
  3. both.
3. For the purposes of subsection (2), the following votes must be set aside as informal:
  1. any party votes that do not clearly indicate the party for which the voter desired to vote:
  2. any electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.
4. As soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the Returning Officer.
5. If a referendum has, under any Act, been taken with the poll, the manager must ensure that the preliminary count of the party votes and the electorate votes, and the reports under subsection (4) take priority over the counting of the votes of the referendum.

174A. Ballot papers, etc, to be compiled, certified, and sent to Returning Officer

After completing the preliminary count under section 174, the manager of the polling place must—
1. ensure that the following documents are enclosed in 1 or more parcels:
  1. the used ballot papers:
  2. the ballot papers set aside under section 171:
  3. the certified copies of the main roll and supplementary rolls that have been marked by issuing officers to indicate the persons who applied to vote:
  4. all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers:
  5. all the spoilt ballot papers; and
2. ensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and
3. ensure that 1 or more certificates are prepared that certify—
  1. the number of votes received by each party (if applicable):
  2. the number of votes received by each candidate (if applicable):
  3. the number of informal party votes:
  4. the number of informal electorate votes:
  5. the number of ballot papers set aside under section 171:
  6. the number of spoilt ballot papers:
  7. the number of ballot papers issued to special voters:
  8. the number of unused ballot papers:
  9. the total number of ballot papers allocated for use at the polling place; and
4. sign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) and every certificate prepared under paragraph (c).
The manager must ensure that all parcels mentioned in this section are sent to the Returning Officer without delay.
This section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) from being placed in 1 or more parcels before the preliminary count under section 174 has commenced or while it is in progress.

174B. No preliminary count if fewer than 6 ordinary ballot papers issued

If, at any election, the number of ordinary ballot papers issued for a district at a polling place is smaller than 6, the manager of the polling place must, after the close of the poll, arrange for the secure dispatch of those ballot papers to the Returning Officer for the district.
This section overrides sections 174 and 174A.

174C. Preliminary count of early votes

In this section and in sections 174D to 174G, early votes means special votes that—
1. are delivered or sent to the Returning Officer on or before polling day; and
2. were, in accordance with regulations made under this Act, issued in substantially the same manner as ordinary ballot papers are issued under section 167.
The Returning Officer must, in the presence of any scrutineers appointed under section 174F and any of the Returning Officer’s assistants, but of no other person, conduct, in accordance with this section, a preliminary count of early votes.
The Returning Officer must take the early votes and ascertain, as the case may require,—
1. the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or
2. the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or
3. both.
For the purposes of subsection (3), the Returning Officer must set aside as informal—
1. all party votes that do not clearly indicate the party for which the voter desired to vote:
2. all electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.
A count under this section must be commenced,—
1. if the conditions stated in section 174D(2) apply, as soon as practicable after 2 pm on polling day; or
2. if those conditions do not apply, as soon as practicable after the close of the poll.
If a referendum has, under any Act, been taken with the poll, the Returning Officer must ensure that the count, under this section, of party votes and electorate votes takes priority over the counting of the votes of the referendum.

174D. Conditions for counting early votes before close of poll

In this section and in sections 174E to 174G, restricted area means an area, in the office of the Returning Officer, that—
1. is designated by the Returning Officer for the purpose of the count of early votes; and
2. has features that—
  1. preclude persons who are not in the area from seeing or hearing any aspect of the count; and
  2. permit the Returning Officer to control persons who wish to enter or leave the area.
The conditions referred to in section 174C(5)(a) are as follows:
1. the Electoral Commission has authorised the Returning Officer to commence the count before the close of the poll:
2. the count is to be conducted in a restricted area:
3. on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area:
4. on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area.

174E. Maintenance of secrecy of count of early votes

On polling day, no person (other than a scrutineer appointed under section 174F) may, without the express authorisation of the Returning Officer, enter a restricted area.
On polling day, a person who enters, whether with or without authorisation, a restricted area may not leave the area before the close of the poll without the express authorisation of the Returning Officer.
The Electoral Commission may issue instructions to Returning Officers setting further requirements for the purpose of maintaining the secrecy of counts conducted before the close of the poll.
The Returning Officer must ensure that all persons who take part in the counts conducted before the close of the poll are familiar with any instructions issued under subsection (3), and the Returning Officer and those persons must comply with those instructions.

174F. Scrutineers for count of early votes

Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C.
Every appointment of a scrutineer—
1. must be in writing; and
2. must be signed by the constituency candidate.
Every scrutineer must, before being allowed to attend at the count, make a declaration in form 1 before the Returning Officer or a Justice of the Peace or a solicitor.
If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from 1.30 pm on polling day until the conclusion of the count.
No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area.
If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) and communicated to the scrutineer, the Returning Officer may—
1. refuse to allow the scrutineer to enter the restricted area; or
2. require the scrutineer to leave the restricted area.

174G. Offences in relation to count of early votes conducted before close of poll

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who,—
1. not being a scrutineer appointed under section 174F, enters, on polling day, a restricted area without the express authorisation of the Returning Officer; or
2. being a scrutineer appointed under section 174F, enters, on polling day, a restricted area with a device that enables information to be conveyed to a person or machine outside the area; or
3. leaves, on polling day, a restricted area without the express authorisation of the Returning Officer.
Every person commits an offence and is guilty of a corrupt practice who, being or having been in a restricted area, discloses, before the close of the poll, to any person outside the area any information about the results of a count of early votes conducted under section 174C.

Subpart 16. Scrutiny of the rolls

175. Scrutiny of the rolls

The Returning Officer—
1. shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and
2. shall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the Returning Officer will commence the scrutiny.
Each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls.
Every scrutineer must, before being allowed to act, make a declaration in form 1 before an Electoral Commissioner, the Returning Officer, a Justice of the Peace, or a solicitor.
Where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time.
The only persons who may be present at the scrutiny are—
1. an Electoral Commissioner:
2. the Returning Officer:
3. any assistant of the Electoral Commissioner or of the Returning Officer:
4. any expert or technician who provides advice or support to the Electoral Commissioner or to the Returning Officer for the purpose of the scrutiny:
5. any scrutineer.
No candidate shall act as scrutineer under this section.
A scrutineer may be appointed under this section electronically.

176. Marked copies of rolls to be compared

The Returning Officer or the Electoral Commissioner must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this Act or any other Act, but of no other person,—
1. compare (either manually or by any electronic means)—
  1. all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and
  2. all records of special votes exercised; and
  3. the list of post-writ day deletions supplied to the Returning Officer by the Registrar of Electors under section 123(b); and
2. compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector—
  1. who is shown on any of the certified copies of the rolls as having received a ballot paper; or
  2. who is shown in any record of special votes issued as having received a ballot paper; or
  3. whose name is shown on the list of post-writ day deletions.
If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the Returning Officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the Returning Officer must,—
1. in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and
2. select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and
3. subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected.
Notwithstanding subsection (2)(c), if the Returning Officer is satisfied—
1. that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and
2. that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—
the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.
If, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the Returning Officer—
1. must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and
2. must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and
3. subject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected.
Notwithstanding subsection (4)(c), but subject to subsection (6), if the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper.
Notwithstanding subsections (4) and (5), if—
1. the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and
2. more than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and
3. the Returning Officer is satisfied—
  1. that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and
  2. that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—
the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.
[Repealed]
Except in the case of the ballot papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted.

177. Parcels to be secured after scrutiny

When the Returning Officer has selected from any parcel all the ballot papers he or she is required to select therefrom, he or she shall forthwith, in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, close and secure the parcel, and shall endorse thereon a memorandum of the fact of the ballot papers having been selected from that parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name.
The Returning Officer shall set aside all ballot papers selected by him or her from any parcel as herein provided, and shall in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, secure those ballot papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his or her name.

Subpart 17. Official count and declaration of poll

178. Counting the votes

On or before the completion of the scrutiny under section 175, the Returning Officer, with any assistants the Returning Officer considers necessary, and in the presence of any of the scrutineers appointed under section 175 that are present (not exceeding, unless the Returning Officer otherwise permits, 1 scrutineer for each candidate) and also in the presence of a Justice (who is to attend at the request of the Returning Officer), but of no other person, must select and open one of the parcels of used ballot papers referred to in section 174A(1)(a)(i).
The procedure set out in subsection (1) need not be delayed until the inquiries under section 176(2), or the inquiries as to the qualifications of persons casting a special vote at the election, have been completed, and the ballot papers from any particular polling place may be counted while any inquiries in respect of ballot papers from that place or in respect of the qualifications of persons casting a special vote at the election are being completed, but the count shall not be completed until those inquiries have been completed.
No special vote shall be disallowed by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election.
Where a person who has voted in an election dies before the close of the day before polling day, the Returning Officer shall, on receiving from a Registrar of Births and Deaths notification of that person’s death, disallow that person’s vote.
When the parcel selected under subsection (1) has been opened, the Returning Officer shall, in the presence of his or her assistants (if any) and the scrutineers and Justice as aforesaid, but of no other person, deal with the ballot papers as follows:
1. he or she shall reject as informal—
  1. any ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and
  2. a ballot paper that does not clearly indicate the constituency candidate or the party, as the case may require, for which the voter desired to vote:
  provided that no ballot paper or part of the ballot paper shall be rejected as informal by reason only of some informality in the manner in which it or any other part of the ballot paper has been dealt with by the voter if the ballot paper or part of the ballot paper being considered is otherwise regular, and if, in the opinion of the Returning Officer, the intention of the voter is clearly indicated:
  
  provided also that no ballot paper or part of a ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election:
2. the Returning Officer shall then—
  1. count, as the case may require, the number of votes received by each party or the number of votes received by each constituency candidate or both; and
  2. count the number of party votes rejected as informal; and
  3. count the number of electorate votes rejected as informal; and
  4. compare the results of the counts conducted under subparagraphs (i) to (iii) with the certificate of the Deputy Returning Officer in respect of the preliminary count; and
3. the Returning Officer shall then, where necessary, amend the certificate of the polling place manager in respect of the preliminary count; and every such certificate shall be initialled by the Returning Officer and the Justice attending:
4. the Returning Officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the Returning Officer and the Justice who attends.
Despite section 60, if a voter who was qualified to vote as an elector of a particular district votes as if he or she were an elector of another district, the voter’s party vote—
1. may not be disallowed simply because of the voter’s error with regard to the district; and
2. for the purposes of this section and sections 179 to 181, is to be regarded as having been cast by an elector of the other district.
The ballot papers from all the parcels shall be dealt with in the manner aforesaid and the ballot papers from one parcel may be so dealt with while those from another parcel or parcels are also being so dealt with.
The ballot papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel which shall be properly secured and shall be endorsed in the manner hereinbefore described.
When all the ballot papers have been dealt with in the prescribed manner, the Justice attending shall sign a certificate stating the total number of ballot papers used at the election, the number of votes received by each party or constituency candidate, as the case may require, and the number of informal votes, and that certificate shall be preserved by the Returning Officer for production when required.
Where at any count of the ballot papers under this section counting of the ballot papers extends beyond 1 day, the Justice attending shall give his or her certificate day by day showing the progress of that counting and describing the parcels counted in his or her presence.

179. Declaration of result of poll

When the official count under section 178 is completed, the Returning Officer must give the Electoral Commission the following information:
1. the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:
2. the total number of valid votes received by each constituency candidate:
3. the total number of informal party votes:
4. the total number of informal electorate votes.
As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission must declare the results of the official count for the district concerned by publishing in the Gazette a notice in form 14.
The Electoral Commission may declare the results for any number of districts on the same day, if the Electoral Commission considers it appropriate to do so.
The Electoral Commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Electoral Commission considers appropriate.
If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.
If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must determine by lot which of those candidates is to be elected.

Subpart 18. Recount

180. Application to District Court Judge for recount

Any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 in respect of that district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the electorate votes.
Any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 in respect of a district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the party votes.
Every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax).
Every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax).
The District Court Judge—
1. shall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and
2. shall give notice in writing of the time and place at which the recount will be made—
  1. to the Returning Officer; and
  2. in the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and
  3. in the case of an application under subsection (2), to each of the political parties that may be affected by the recount.
The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count.
No person shall be present at the recount except—
1. the District Court Judge or the officer appointed by the District Court Judge; and
2. the assistants (if any) of the District Court Judge or the officer appointed by the District Court Judge; and
3. the Returning Officer and the assistants (if any) of the Returning Officer; and
4. in the case of a recount of electorate votes, the scrutineers appointed under section 175 or section 183(1) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each constituency candidate); and
5. in the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party); and
6. in the case of a recount, made on an application under section 181(1), of party votes, the scrutineers appointed under section 183(2)(b) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party).
The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors in respect of—
1. the checking of special voting declarations; or
2. the allowance or disallowance of special votes.
Any decision referred to in subsection (8) and any other decision made by the Returning Officer in the exercise of the Returning Officer’s powers on the original count may be confirmed, reversed, or set aside by the District Court Judge.
If on the recount the District Court Judge finds that the public declaration was incorrect, the District Court Judge shall order the Electoral Commission to give an amended declaration of the result of the poll.
The District Court Judge may make such order as to the costs of and incidental to the recount as the District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

181. Application by political party for recount in every electoral district

Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2), apply to the Chief District Court Judge for recounts of the party votes to be conducted in every electoral district.
Every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 for any electoral district.
Every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax).
The Chief District Court Judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a District Court Judge to conduct it.
Each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180, except that each recount shall be commenced within 3 working days of the date on which the District Court Judge conducting the recount is assigned that task.
At the conclusion of all recounts under this section, the Chief District Court Judge may make such order or orders as to the costs of and incidental to those recounts as the Chief District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

182. Ability to combine recounts

Nothing in section 180 or section 181 requires the electorate votes or the party votes to be the subject of more than 1 recount and, where more than 1 application is received that would involve recounts of the same votes or of both parts of the same ballot papers, those applications may be combined by the District Court Judge conducting the recount.

183. Scrutineers for recounts and allocation of list seats

Any constituency candidate affected by an application under section 180(1) for a recount of electorate votes in an electoral district may appoint 1 or more scrutineers to be present at the recount.
Any political party affected—
1. by an application under section 180(2) for a recount of party votes in an electoral district; or
2. by an application under section 181(1) for recounts of the party votes in every electoral district,—
may appoint 1 or more scrutineers to be present at any such recount.
Any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the Electoral Commission under sections 191 to 193.
Every scrutineer appointed under this section must, before being allowed to act, make a declaration in form 1 before an Electoral Commissioner, the Returning Officer, a Justice of the Peace, or a solicitor.
Where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the Electoral Commission, shall be present at any one time.
No candidate shall act as a scrutineer under this section.
A scrutineer appointed under this section may be appointed by facsimile transmission.

184. Ballot papers and certificate to be compared on recount

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.
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.

Subpart 19. Return of writ

185. Endorsement and return of writ

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,—
1. endorse on the writ—
  1. the full name of every constituency candidate declared to be elected; and
  2. the date of the endorsement; and
2. sign the writ; and
3. immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.
The date endorsed on the writ under subsection (1) is the day of the return of the writ.
The writ must be returned within the time specified in the writ for its return.
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.
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.
Subsections (4) and (5) prevail over subsections (1) to (3).

186. Electoral Commission may correct writ

If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member’s name is correctly recorded.
Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer.
If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),—
1. the Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and
2. that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).

Subpart 20. Disposal of ballot papers

187. Disposal of ballot papers, rolls, etc

As soon as practicable after giving the Electoral Commission the information specified in section 179(1), the Returning Officer must destroy or cause to be destroyed all unused ballot papers.
As soon as practicable after complying with the requirements of subsection (1), the Returning Officer must—
1. enclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the Returning Officer and that contain any of the following documents:
  1. used ballot papers, including the special voters’ ballot papers:
  2. counterfoils of issued ballot papers and counterfoils of unused ballot papers:
  3. spoilt ballot papers:
  4. ballot papers set aside under section 171 or section 177; and
2. enclose or cause to be enclosed in 1 or more packets the following materials:
  1. ballot paper accounts:
  2. copies of rolls (except the master roll):
  3. books or other papers provided for by this Act:
  4. all letters and other papers received from any manager of a polling place or issuing officer about special votes; and
3. ensure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and
4. sign the endorsement on each packet; and
5. ensure that every packet is sent to the Clerk of the House of Representatives without delay.
The Clerk of the House of Representatives shall forthwith give or send to the Returning Officer a receipt under his or her hand for the said packets and parcel.
The Returning Officer shall attach to the master roll a list which shall set out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115) and which shall indicate the special voters whose votes have been disallowed. The master roll, and the attached list, shall then be sent by the Returning Officer to the Registrar of Electors for the district.
The Registrar of Electors shall keep the master roll, and the attached list, until the next general election.
Any registered elector of the district may inspect any master roll, and the attached list, at the Registrar’s office without payment of any fee at any time when the office is open for the transaction of business.

188. Annotation of list of special voters

A constituency candidate at an election who applies for a recount of the votes or a person who files an election petition may, by notice in writing to the Returning Officer, require the Returning Officer forthwith to annotate the list attached to the master roll pursuant to section 187(3): provided that this subsection shall not apply where the Returning Officer receives the notice after he or she has forwarded to the Clerk of the House of Representatives the packets required, by section 187(1)(b), to be forwarded to the Clerk of the House of Representatives.
The annotations shall show, in relation to each special voter whose vote is shown on the list as having been disallowed, the reason for the disallowance of the vote.
The annotated list shall be sent by the Returning Officer to the Registrar of Electors for the district.
Any registered elector of the district may inspect the annotated list at the Registrar’s office without payment of any fee at any time when the office is open for the transaction of business.

189. Disposal of packets

The packets and parcels must be safely kept for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened.
At the end of 6 months, the packets and parcels must be destroyed unopened in the presence of the Clerk of the House of Representatives and an Electoral Commissioner.
Despite subsection (2), a packet or parcel may not be destroyed so long as the packet or parcel is, or may reasonably be expected to be, required for the purposes of an investigation into, or a prosecution of, an offence against this Act.

190. Papers taken from parcels as evidence in certain cases

Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the Clerk of the House of Representatives, a certificate of the several particulars by this Act required to be endorsed on the parcel, shall be conclusive evidence in any court or before any Committee of the House of Representatives that it was so taken and that it, if a ballot paper, was deposited and, if a roll or book, was kept or used at the election and polling place to which the endorsement and writing relate.
Every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and polling place, according to the tenor of the said ballot paper.
But, in the case of the ballot papers set aside or selected by an issuing officer or by the Returning Officer, the correspondence shall be evidence only of some person having voted in the name appearing on the roll.

Subpart 21. List seats

191. Election of other members

When the Electoral Commission has received from all Returning Officers the information required by section 179(1) to be forwarded to the Electoral Commission, the Electoral Commission must proceed to determine which of the candidates whose names have been included in party lists submitted pursuant to section 127 have been elected.
The Electoral Commission must first ascertain from the information given under section 179(1)(a) the total number of all the party votes received by each of the parties listed on the part of the ballot paper that relates to the party vote.
The Electoral Commission must enter those totals in separate columns under the name of each party in a working sheet in the manner prescribed in form 15.
The Electoral Commission must disregard any total under the name of any party that—
1. has not achieved a total that is at least 5% of the total number of all the party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; and
2. is a party in respect of which no constituency candidate who is either—
  1. a candidate for that party; or
  2. a candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party)— has had his or her name endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament.
Where the Electoral Commission disregards the name of a party in accordance with subsection (4), that party shall, for the purpose of this section and sections 192 and 193, be deemed to have been deleted from the list of parties included in the part of the ballot paper that relates to the party vote.
The Electoral Commission must then proceed to divide each of the remaining totals successively by a series of numbers beginning with 1, 3, 5, 7, 9, 11, 13 and thereafter by every odd number as may be necessary to ensure that the number of seats required to be allocated by this section and sections 192 and 193 are allocated.
The quotient of each successive division shall be recorded on the working sheet.
Once the quotient of each successive division is entered on the working sheet, the Electoral Commission must then proceed to ascertain from a comparison of all the figures in the working sheet in form 15 listed under the heading “Quotients of divisions”, the highest 120 quotients or such lower number as is required by subsection (8).
If any person whose name is endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament, is—
1. an independent; or
2. a member of a political party that did not appear on the list of parties in that part of the ballot paper that relates to the party vote (not being a political party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of a political party that did appear on that list),—
the Electoral Commission must, for the purposes of applying subsection (7), deduct from the number of 120 the number of any such persons.
In any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the Electoral Commission must determine by lot which of those numbers is to be selected for the purpose of subsection (7).
The Electoral Commission, having ascertained the numbers required by subsection (7), must cause a circle to be drawn on the working sheet around each of those numbers.

192. Determination of party eligibility for list seats

Having ascertained the numbers required by section 191(7), the Electoral Commission must then proceed to ascertain the number of seats in Parliament to which each remaining party listed in the part of the ballot paper that relates to the party vote is entitled by adding the number of circles in the column of numbers under the name of that party.
Subject to subsection (3), the Electoral Commission must then proceed, in respect of each remaining party listed in the part of the ballot paper that relates to the party vote, to deduct from the number of seats to which each party is entitled under subsection (1)—
1. the number of persons who stood as constituency candidates for that party and whose names were endorsed on the writ pursuant to section 185 as having been elected as members of Parliament; and
2. the number of persons who stood as constituency candidates for a party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party and whose names were endorsed on a writ pursuant to section 185 as having been elected as members of Parliament.
The deduction described in subsection (2)(b) shall not be made in respect of constituency seats gained by a component party that is listed on the part of the ballot paper that relates to the party vote.
Subject to subsection (5), after the process of deduction described in subsection (2) has been completed in respect of each party, the remainder derived therefrom shall be the number of seats to be allocated to that party from the list of candidates submitted pursuant to section 127.
If any party listed in the part of the ballot paper that relates to the party vote has obtained, through the election of any of its constituency candidates or any of the constituency candidates for any party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party or both, a number of seats that is equal to or greater than the total number of seats in Parliament to which it would be entitled under subsection (1), that party shall not be allocated any seats from the list of candidates submitted by that party pursuant to section 127, but the seats of the constituency candidates of that party who have been elected as members of Parliament shall not be affected.

193. Selection of candidates

Upon completing the procedures outlined in section 192, the Electoral Commission must proceed to determine which of the candidates whose names appear on the list submitted pursuant to section 127 by each of the parties listed in the part of the ballot paper that relates to the party vote are entitled to be elected.
The Electoral Commission must determine which candidates are entitled to be elected by selecting those candidates on the list of each party, beginning with the first candidate on the list and ending with the lowest ranking candidate, which are equal in number to the number of seats to which that party is entitled to have allocated from its list submitted pursuant to section 127.
In performing the duties required by subsection (2), the Electoral Commission must disregard the name of any candidate whose name has been endorsed on the writ pursuant to section 185, and the name of that candidate shall be deemed to have been deleted from the list submitted pursuant to section 127.
Where all the candidates appearing on a list submitted by a party pursuant to section 127 are entitled to be selected, no further candidates for that party may be selected, notwithstanding that the party may be entitled to a greater number of seats than the number of candidates appearing on that list and those seats shall not be filled.
The Electoral Commission must, as soon as practicable after selecting the names of those candidates entitled to be elected,—
1. declare those candidates to be elected by publishing in the Gazette the full names of the members elected; and
2. forward to the Clerk of the House of Representatives a return listing the names of the members elected.
Notwithstanding any other provision of this section or any provision of sections 191 and 192, the Electoral Commission may proceed to select the names of those candidates entitled to be elected from lists submitted under section 127, by such method and procedure as the Electoral Commission thinks fit, including the use of computer technology: provided that, before declaring any candidates to be elected under subsection (5), the Electoral Commission shall complete the procedures required by sections 191 and 192 and this section.
In completing the procedures required by sections 191 and 192 and this section, the Electoral Commission may use such assistants as the Electoral Commission considers necessary.

193A. Electoral Commission may correct list of members elected

If the Electoral Commission is satisfied that the name of a member declared to be elected is not correctly recorded on a return forwarded to the Clerk of the House of Representatives under section 193(5)(b),—
1. the Electoral Commission may forward to the Clerk of the House a further return that correctly records the member’s name; and
2. that further return—
  1. is to be treated for the purposes of section 54(2)(a) as dated the same as the earlier return; and
  2. is to be treated for all purposes as the return forwarded to the Clerk of the House under section 193(5)(b).
The Electoral Commission may not forward a further return to the Clerk of the House under subsection (1)(a) unless the Electoral Commission has first consulted with the member concerned.

Subpart 22. Maintenance of order at elections

194. Manager of polling place to maintain order

Every manager of a polling place must maintain order and keep the peace at the polling place, and may, without any other warrant than this Act,—
1. cause to be arrested and taken before a Justice any person reasonably suspected of committing or attempting to commit at the polling place any of the offences set out in section 201; or
2. cause to be removed a person who obstructs the approaches to the polling place or wilfully and unnecessarily obstructs the proceedings at the polling or conducts himself or herself in a disorderly manner or causes a disturbance or wilfully acts in any manner in defiance of the lawful directions of the manager of the polling place.
All constables must aid and assist the manager of the polling place in the performance of his or her duty.

Subpart 23. Adjournment of poll

195. Adjournment of poll

Where the polling at any polling place cannot start or has to be suspended whether by reason of riot or open violence, natural disaster, or any other cause, the Returning Officer may adjourn the taking of the poll at that polling place to the following day, and if necessary from day to day until the poll can be taken, and shall, if he or she adjourns the taking of the poll, forthwith give public notice of the adjournment in such manner as he or she thinks fit.
Notwithstanding subsection (1), the poll shall not be kept open for more than 10 hours in all at any polling place.
Where the close of the poll at any polling place is adjourned under this section for any number of days, the day on or before which the writ is made returnable shall be postponed by the same number of days.

Subpart 24. Custody of ballot papers

196. Obligation of persons in possession of ballot papers

Every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must—
1. take all reasonable steps to ensure the safe custody of the ballot papers; and
2. deal with the ballot papers in accordance with—
  1. any applicable provisions of this Act or regulations made under this Act; and
  2. in the case of an electoral official or a polling place official, any applicable directions given under section 20A or section 158A; and
  3. in the case of a person involved in performing or assisting with the performance of a contract with an electoral official or a polling place official, the terms of the relevant contract and any instructions given by or on behalf of the official.
Subsection (1) applies to a person involved in performing or assisting with the performance of a contract for the carriage of ballot papers only if the person is aware of that fact or, because of indications on the box, parcel, or packet in which the ballot papers are contained, ought to be aware of the fact.
Whenever ballot papers are delivered to a Returning Officer by or on behalf of the printer who has printed the ballot papers,—
1. the Returning Officer must give or send the printer a receipt specifying the total number of ballot papers received by the Returning Officer; and
2. the printer must see that all copies of ballot papers other than those delivered to the Returning Officer are immediately destroyed.
Every person commits an offence and is liable on conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section.

196A. Unlawful possession of ballot paper

Every person is liable on conviction to a fine not exceeding $2,000 who, without authority under this Act or regulations made under this Act, obtains possession of any ballot paper.
Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who retains any ballot paper in his or her possession after leaving a polling place.

Subpart 25. Offences at elections

197. Interfering with or influencing voters

Every person commits an offence and shall be liable on conviction to a fine not exceeding $20,000 who at an election—
1. in any way interferes with any elector, either in the polling place or while the elector is on the way to the polling place with the intention of influencing the elector or advising the elector as to the elector’s vote:
2. at any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever:
3. at any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—
  1. any advertisement placed by the Electoral Commission or a Returning Officer; or
  2. any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or
  3. any news in relation to an election:
4. at any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day:
5. at any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election:
6. at any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or the parties or any of them, together with any direction or indication as to the candidate or party for whom or for which any person should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:
7. at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—
  1. any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or
  2. any statement advising or intended or likely to influence any elector to abstain from voting; or
  3. any party name, emblem, slogan, or logo; or
  4. any ribbons, streamers, rosettes, or items of a similar nature in party colours:
  provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before polling day:
  
  provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on polling day:
  
  provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989:
  
  provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official):
8. at any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or the parties or any of them:
9. exhibits or leaves in any polling place any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:
10. subject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—
  1. gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election:
  2. permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election.
It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—
1. the exhibition was inadvertent; and
2. the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a manager of the polling place that the exhibition was taking place.
It is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that—
1. the statement or material was placed on the web site before polling day; and
2. the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and
3. the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site.
Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.

198. Power to remove statements, names, emblems, slogans, or logos

The Returning Officer may at any time on polling day before the close of the poll cause to be removed or obliterated—
1. any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or
2. any statement advising or intended or likely to influence any elector to abstain from voting; or
3. any party name, emblem, slogan, or logo,— which is exhibited in or in view of any public place.
Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in his or her party’s colours or to a party lapel badge worn by any person.
Nothing in subsection (1) shall apply to a statement, party name, emblem, slogan, or logo which does not relate specifically to the election campaign and which was so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.

199. Recovery of expenses

All expenses incurred by the Returning Officer in carrying out the power conferred by section 198(1) may be recovered by the Returning Officer from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown.

199A. Publishing false statements to influence voters

Every person is guilty of a corrupt practice who, with the intention of influencing the vote of any elector, at any time on polling day before the close of the poll, or at any time on any of the 2 days immediately preceding polling day, publishes, distributes, broadcasts, or exhibits, or causes to be published, distributed, broadcast, or exhibited, in or in view of any public place a statement of fact that the person knows is false in a material particular.

200. Erasing and altering official mark on ballot paper

Every person shall be liable on conviction to a fine not exceeding $2,000 who erases, obliterates, or alters any official mark, stamp, or writing on any ballot paper, or places thereon any writing, print, or other matter which might lead persons to believe that it was put thereon by any official or person duly authorised in that behalf.

201. Offences in respect of ballot papers and ballot boxes

Every person commits an offence against this section who—
1. forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper:
2. without due authority supplies any ballot paper to any person:
3. fraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein:
4. fraudulently takes out of a polling place any ballot paper:
5. without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election.
Every person who commits an offence against this section shall be liable on conviction,—
1. if a Returning Officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years:
2. if any other person, to imprisonment for a term not exceeding 6 months.
Every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for a term not exceeding one-half of the longest term to which a person committing the offence may be sentenced.
Every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice.

202. Property to be stated as being in Returning Officer

In any prosecution for an offence in relation to any ballot boxes, ballot papers, or marking instruments at an election, the property in the boxes, ballot papers, and instruments may be stated as being in the Returning Officer.

203. Infringement of secrecy

Every electoral official, polling place official, scrutineer, or other person appointed for the purposes of this Act shall use or disclose information acquired by him or her in that capacity only in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require.
No person, except for some purpose authorised by law, shall—
1. interfere with or attempt to interfere with a voter when marking his or her vote:
2. attempt to obtain in a polling place information as to the candidate for whom or the party for which a voter in the polling place is about to vote or has voted:
3. communicate at any time to any person any information obtained in a polling place as to the candidate for whom or the party for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place.
Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom or the party for which any vote is given in any particular ballot paper.
No person shall directly or indirectly induce any voter to display his or her ballot paper after he or she has marked it, so as to make known to any person the name of any candidate for or against whom he or she has voted or the name of the party for which he or she has voted.

204. Infringement of secrecy constitutes corrupt practice

Every person who commits an offence against section 203 is guilty of a corrupt practice.