E6-Scrutineer FEBRUARY Scrutineer Handbook. Parliamentary Elections

Transcription

1 E6-Scrutineer FEBRUARY 2015 Scrutineer Handbook Parliamentary Elections

2 February 2015 Dear Scrutineer Election guidance for scrutineers The Electoral Commission is responsible for conducting parliamentary elections and providing advice to parties, candidates and others about the electoral rules. We have prepared this booklet to explain your role and obligations in a general election or a byelection. Please study these requirements carefully before acting as a scrutineer on behalf of a candidate or political party for a parliamentary election. There are serious consequences for noncompliance including prosecution. Timetables for a general election and by-election are set out in Appendix A and on Yours sincerely Robert Peden Chief Electoral Officer Electoral Commission Level 10, Manners Street, PO Box 3220, Wellington, New Zealand Telephone: (04) Fax: (04) enquiries@elections.govt.nz

3 CONTENTS Glossary 1 Introduction 2 Part 1: Appointment of scrutineers 3 Part 2: Ways to vote 6 Part 3: Scrutiny at the voting place 9 Part 4: Election day 14 Part 4: Results 16 Appendix A: Election sequence General elections and by-elections 19 Appendix B: Issuing ordinary votes 21 Appendix C: Issuing special declaration votes 22

4 GLOSSARY Advance Voting Place Ballot box Ballot paper Certified electoral roll EasyVote cards Election Day Electorate Electorate headquarters Enquiry Officer General electorate Issuing Officer Issuing point Māori electorate Ordinary vote Preliminary count Returning Officer (RO) Scrutineer Special vote Unpublished roll Voter Information Letter Voting Place Manager A physical site where voting takes place for up to two and a half weeks prior to Election Day Box used for voter to place their completed ballot paper Paper on which the voter indicates their preferred candidate and party in a general election and candidate in a by-election Copy of the printed voter roll for an electorate that is certified by the Registrar of Electors and used to mark off voters in the voting place Cards provided to every voter on the printed electoral roll providing their details (name, address, electorate and page and line number from the electoral roll) The day of the election Geographical area defined for voting purposes The building from which a Returning Officer runs their electorate Deputy to the Voting Place Manager, assisting them in the operation of a voting place Electorate for voters on the General roll Person responsible for issuing votes Where votes are issued within a voting place Electorate for voters on the Māori roll A vote cast by a voter who is on a certified electoral roll at the advance voting place or voting place they attend The election night count conducted in voting places on election day Person responsible for conducting the election within an electorate Person who observes the conduct of the election on behalf of candidates (and in some cases, parties) A vote cast by a voter whose name is not on a certified electoral roll at an advance voting place or voting place (may also be referred to as a special declaration vote ) An unprinted roll containing the names of voters whose personal details are not released publicly Letter provided to voters who are on the unpublished roll or who have enrolled after the roll has been printed Person responsible for managing a voting place 1

5 INTRODUCTION This booklet is part of a series produced by the Electoral Commission. The booklets are a general guide and reflect the Electoral Commission s interpretation of the law and how it intends to apply the law. The Electoral Commission welcomes the opportunity to discuss any areas that require clarification. The booklets do not cover every aspect of electoral law and procedure. For further information, scrutineers should consult the Electoral Act 1993, and the Electoral Regulations 1996, or seek legal advice. The Electoral Commission is also happy to discuss any specific questions that you have. Other booklets available from the Electoral Commission or from are: Party Secretary Handbook General Elections Candidate Handbook By-Elections Candidate Handbook General Elections Guidance for MPs - Election Advertising Rules Third Party Handbook Parliamentary Elections Media handbook (for publishers and broadcasters) Parliamentary Elections Information for Justices of the Peace Guide for Managers of Hospitals and Resthomes Voting in the election the easy way Going to be overseas on election day? Can t get to a voting place on election day? Contact details for the Electoral Commission Electoral Commission, P O Box 3220, Wellington Level 10, Manners Street, Wellington Tel: Fax: enquiries@elections.govt.nz Websites: 2

6 PART 1: APPOINTMENT OF SCRUTINEERS 1.1 Introduction This handbook is a guide for people who are appointed as scrutineers at a parliamentary election. It contains important information you need to know. Scrutineers appointed by candidates and parties play an important role in maintaining the integrity of the electoral system. A scrutineer s general role is to oversee and observe that the procedures and rules relating to the election have been followed. Your role has two ultimate goals: contributing to public confidence in the electoral process; and helping to ensure that voters experience an excellent level of service and find the voting process as accessible as possible on election day. 1.2 Appointment Scrutineers may be appointed by candidates at various stages of the election process. Electorate candidates may appoint scrutineers to observe: The issue of votes in voting places and advance voting places and the preliminary count in voting places on election day. The early count of advance votes from 2pm on election day in the Returning Officer s headquarters. The checking of special vote declarations at the office of the Registrar of Electors. The scrutiny of the rolls in the Returning Officer s headquarters. The official count at the Returning Officer s headquarters. Judicial recounts of electorate votes. Note: A candidate cannot act as a scrutineer. List only candidates cannot appoint scrutineers. Party secretaries of registered parties contesting the party vote at a general election may appoint scrutineers to observe: The issue of votes in voting places and advance voting places, and the preliminary count in voting places where their party is contesting the party vote at a general election but not standing an electorate candidate in that electorate. PART1: APPOINTMENT OF SCRUTINEERS 3

7 Judicial recounts of party votes. The allocation of party list seats by the Electoral Commission in Wellington. 1.3 Appointment in writing Your appointment as a scrutineer must be in writing. It can be an original, fax or photocopy. It must specify the voting place or advance voting place that you have been appointed to, and/or whether you have been appointed for the early count, special vote declarations, scrutiny of the rolls and/or official count. You should take your written appointment with you when first attending to act as a scrutineer and hand it to the relevant electoral official. Candidates can make their appointments using the optional form the Commission has available for this purpose. Copies of the appointment form are available from the Returning Officer or can be downloaded from elections.org.nz. The candidate may either do separate appointments for each scrutineer or a combined form. 1.4 Declaration of secrecy E20-S Dec Before being allowed to act as a scrutineer, you must complete a declaration that you will not infringe the secrecy of the poll. The declaration must be on Form E20-S Dec. The form is available from the Returning Officer and Voting Place Managers or can be downloaded from elections.org.nz. The declaration can be made before a Justice of the Peace, solicitor or Returning Officer. If you are appointed to attend at a voting place, the declaration may also be made before the Voting Place Manager or an Issuing Officer of the voting place. If you attend more than one voting place a declaration will need to be completed for each one. NOTE: I, Declaration by Returning Officer/ polling place official/ electoral official/scrutineer (Full name) (Full address) (Occupation) solemnly and sincerely declare that I will well and truly serve in the office of Returning Officer Electoral official Polling place official Scrutineer for a candidate or a political party at the poll in the electorate, and that I will not do anything forbidden by Section of the Electoral Act Signature of Declarant Declared at this of 2015 before me Name of Witness Signature of Witness Please tick Please tick Justice of the Peace Returning Officer Solicitor Manager of polling place Issuing officer Registrar of electors Electoral Commissioner 1. Declarations by Returning Officers must be made before a Justice of the Peace or a Solicitor. 2. Managers of polling places and issuing officers may take declarations only under sections 159(3) and 160(4) of the Electoral Act Registrars of Electors may take declarations only under section 172(5) of the Electoral Act An Electoral Commissioner may take declarations only under sections 175(3) and 183(4) of the Electoral Act Section 203 of the Electoral Act 1993 is printed overleaf and must be read by or to the person making the declaration. Reference: Form 1, Schedule 2, Electoral Act Issued by the Electoral Commission, PO Box 3220, Wellington Tel (04) , Fax (04) , enquiries@elections.govt.nz Website If you are appointed to attend the checking of special vote declarations, the declaration may also be made before the Registrar of Electors. The secrecy declaration that you do is not just about protecting the secrecy of voting. It is also about not disclosing any information acquired in your role as a scrutineer except as permitted by the Act. 1.5 Remuneration No remuneration is paid to scrutineers by the Electoral Commission. 4 PART 1: APPOINTMENT OF SCRUTINEERS

8 1.6 Age limit for scrutineers There is no minimum or maximum age limit specified in the Electoral Act for persons to act as scrutineers. However, scrutineers need to be old enough to understand the declaration they are making and the rules. 16 years old and over is recommended. 1.7 Number of scrutineers allowed A candidate can appoint scrutineers for all or some voting places and advance voting places. The number of scrutineers for a candidate at any one time must not exceed the number of Issuing Officers designated for a voting place or advance voting place. A candidate can appoint one scrutineer to attend the early count of advance votes at the Returning Officer s headquarters. One scrutineer per candidate can attend the scrutiny of the rolls and the official count, unless the Returning Officer allows more. Each candidate may appoint scrutineers to attend the Registrar of Electors to observe the checking of special vote declarations against the electoral rolls. Only one scrutineer per candidate may attend at any given time. 1.8 Inspection of the rolls on the Friday evening before election day Scrutineers may be asked by their campaign team to inspect the marked up rolls at the Returning Officer s headquarters on the Friday evening before election day. A person does not have to be appointed as a scrutineer to perform this role. After the close of the advance voting places on the Friday afternoon before election day candidate and party representatives can view the marked up rolls at the Returning Officer s headquarters at a time to be agreed with the Returning Officer. The time that rolls will be available may vary from electorate to electorate. It is important to note that representatives will be inspecting multiple rolls marked up at each issuing point at each of the advance voting places in the electorate. It is not a master roll of advance votes for the electorate. A master roll is not compiled until after election day. Representatives will be able to record names, page and line numbers. There is no provision for marked rolls to be copied or made available electronically. The inspection of rolls will be supervised to ensure that rolls are not creased or marked in any way that could affect the roll scanning to be undertaken as part of the compilation of the master roll after election day. PART1: APPOINTMENT OF SCRUTINEERS 5

9 PART 2: WAYS TO VOTE 2.1 Introduction As a scrutineer you will observe electors using various methods of voting at voting places. There are also a number of ways where voters can vote away from voting places. Voters who cast their vote away from a voting place are required to cast a special vote (with the exception of hospital and rest homes provided the voter can be marked off the certified electoral roll). 2.2 Advance voting Advance voting starts 17 days before election day. Voters on the printed roll at the advance voting place do not have to make any written declaration to cast an advance vote. The process for issuing an ordinary vote is set out at Appendix B. Voters who cannot be found on the printed roll will need to cast a special vote (see 2.4 below). There are a number of reasons why a person cannot be found on the printed roll for example, if the person has enrolled after writ day, enrolled in a different electorate, is on the unpublished roll, or is not enrolled. If the voter is not enrolled he or she can complete an enrolment form either at the advance voting place or by enrolling online, at a PostShop or at the Registrar of Electors. Provided the voter s application for enrolment is received by the Registrar of Electors before election day their vote can be counted. Advance voting services are also provided in mobile facilities for example, a caravan that moves from one location to another. Mobile services are most often used in large rural electorates where voting services need to be provided for widely dispersed populations. Information about advance voting places and mobile voting services is available after nomination day at elections.org.nz. 2.3 Election day voting Voters can vote at a voting place from 9am to 7pm on election day. At a general election voters can vote at any voting place anywhere in the country. Voters found on the printed roll at the voting place cast an ordinary vote. Voters not on the printed roll will cast a special vote. The doors close at 7pm - anyone inside the voting place at 7pm is allowed to complete their vote. Voters are not able to enrol to vote on election day. 2.4 Casting a special vote Voters will need to cast a special vote if they are: unable to get to a voting place or advance voting place in their electorate, 6 PART 2: WAYS TO VOTE

10 not enrolled by writ day, or on the unpublished roll. To receive special voting papers, voters will need to complete a special declaration form. The process for issuing a special vote declaration is explained at Appendix C. Before election day they can: go into an advance voting place. They will be given a declaration form to complete and voting papers; or complete and post an application for special declaration voting papers to their local Returning Officer. The Returning Officer will send the voter s voting papers and declaration; or apply by fax, or telephone for voting papers from their Returning Officer. Completed voting papers must be received by the Returning Officer or a voting place no later than 7pm on election day. Postal votes must be postmarked before election day and received by the Electoral Commission or a Returning Officer before noon on the Wednesday after election day. On election day voters can go into a voting place. They will be given a declaration form to complete and their voting papers. 2.5 Takeaway voting A voter who needs help getting their special voting papers can complete the application for special declaration voting papers and ask another person to take it to the Returning Officer, advance voting place or a voting place. That person will then bring them back their voting papers and declaration. Completed voting papers must be received by the Returning Officer or a voting place no later than 7pm on election day. Votes returned by post must be postmarked before election day and received by the Electoral Commission or a Returning Officer before noon on the Wednesday after election day. A candidate may nominate people to be authorised by the Returning Officer as witnesses of special voting declarations to assist people who need to vote from home (authorised witnesses). Once they have been trained by the Returning Officer, the authorised witnesses may then witness the declaration of voters who cannot get to a voting place. 2.6 Hospitals and rest homes Vote issuing teams visit hospitals and rest homes to issue votes to patients and residents in the two weeks before the election. Issuing teams are accompanied by a Justice of the Peace. Voting places are located in a few large hospitals on election day for staff, visitors and mobile PART 2: WAYS TO VOTE 7

11 patients. Voting teams also visit large hospitals on election day. Local party organisations may, with the approval of the person in charge of a hospital or rest home, appoint scrutineers to accompany an electoral official issuing hospital votes on or before election day. 2.7 Overseas voting Overseas voters can obtain their voting papers by either: downloading them from the Electoral Commission s website, applying to the Electoral Commission to have their voting papers posted to them, or voting in person at a designated overseas post. Overseas voters can return their voting papers by: uploading their voting papers to a secure server on the Electoral Commission s website, faxing their voting papers to the Commission, posting their voting papers to the Commission, or posting or hand delivering their voting papers to the nearest designated overseas post. Faxed overseas votes and votes returned using the overseas upload need to be received by the Commission before 7pm on election day. Postal votes need to be postmarked in another country before or on the second to last day before the election and received by the Electoral Commission or a Returning Officer before noon on the Wednesday after the election. Information about overseas posts is available at elections.org.nz in the run up to an election. 2.8 Dictation voting A phone dictation voting service is available for blind or vision-impaired voters and voters who have a physical disability that prevents them from marking the voting paper independently and in secret. Voters have to register for the service. 2.9 Prisoner voting During the two and a half weeks before election day a mobile voting team will attend any prison in the electorate and set up voting facilities for prisoners who are eligible to vote. Prisoners serving a sentence of imprisonment are not eligible, but voting services are provided for remand prisoners. Returning Officers liaise with local Probation Services to provide voting services for people on home detention and other community based sentences. Teams also visit police stations shortly after midday on election day, to enable persons registered as electors who are being held in police cells to vote. There is no provision for scrutineers to accompany issuing teams in prisons or police cells. 8 PART 2: WAYS TO VOTE

12 PART 3: SCRUTINY AT THE VOTING PLACE 3.1 Introduction Scrutineers can be present at advance voting places and voting places to observe the issue of votes. If you are appointed to observe the issue of votes in an advance voting place or in a voting place on election day, you may: ask an Issuing Officer to question a voter who the scrutineer suspects of impersonation or double voting, record and communicate to party officials the names of persons who have voted in the voting place, observe the preliminary count (see Part 4 for more information). 3.2 Number of scrutineers at a voting place The number of scrutineers for a candidate at any one time must not exceed the number of Issuing Officers designated for a voting place. 3.3 Opening times for voting Advance voting will start 17 days prior to the election. The opening times for advanced voting places are published on the elections.org.nz website or can be confirmed by contacting the Returning Officer s headquarters. Generally opening hours for advance voting places increase closer to the election. Voting places on election day will be open between 9am and 7pm. On election day, be at the voting place before 8.45am to allow time for your appointment, declaration of secrecy, and seating to be settled before voting commences at 9am. 3.4 Electoral officials at the voting place You will find the following electoral officials at a voting place (although the exact set up will vary depending on the size of the voting place): Voting Place Manager is responsible for everything in the voting place during voting and the preliminary count. Issuing Officer issues ballots to voters, reconciles the number of votes in the voting place and counts votes during the preliminary count. Enquiry Officer supports the Voting Place Manager in larger voting places and assists voters. Counters count votes during the preliminary count. The Voting Place Manager and Issuing Officers will be present during the advance voting period and all day on election day. Counters may come in later for the preliminary count on election day. 9 PART 2: WAYS TO VOTE

13 A Mobile Manager may visit the voting place from time to time to check on how voting is going and to check things like voting place set-up and signage. The Returning Officer does not generally visit voting places. The Returning Officer will base themselves at the electorate headquarters receiving reports from Mobile Managers, responding to enquiries from parties, candidates, Voting Place Managers and the public and generally managing voting services throughout the electorate. 3.5 What to do when you arrive When you arrive hand your letter of appointment from the candidate or party to the Voting Place Manager or electoral official in charge. Remember your appointment letter must specify the particular voting place or places where you are appointed to act as a scrutineer. Hand your Declaration of Secrecy (E20-S Dec) to the Voting Place Manager or complete the declaration in front of an electoral official. The Voting Place Manager may provide a short briefing for scrutineers, including any health and safety issues, before the voting place opens. 3.6 Seating In terms of seating, wherever possible, scrutineers will be allocated seats on a first-come-firstserved basis. Voting Place Managers cannot guarantee you a chair. In some voting places there may not be chairs available. Have a portable chair in the boot of your car just in case. You must sit behind the Issuing Officers, not at the Issuing Officer s table. Follow the Voting Place Manager s directions about where you can sit. Prolonged debate from and between scrutineers about their seating is not helpful. Scrutineers from other political parties may also be sitting behind the Issuing Officer. It is important to keep your interactions with other scrutineers discreet and co-operative. 3.7 Scrutineer label The Voting Place Manager will provide you with a candidate scrutineer identification label. It is important that you wear the label provided so that members of the public understand your role and can see the distinction between officials and candidateappointed scrutineers. You are asked to wear the label in addition to any party lapel badge or rosette that you wear; this avoids voters being confused and thinking there are electoral officials wearing party badges in the voting place. 10 PART 3: SCRUTINY AT THE VOTING PLACE

14 To avoid complaints, scrutineers are asked not to wear or display other campaign items, such as t-shirts or hats with candidate or party logos or slogans, inside advance voting places. It is an offence to wear such items on election day (see Part 4 of this handbook). 3.8 Use of technology Scrutineers may use laptops or tablets, but only on strict conditions that: the device is only used to record name, page and line numbers devices are not placed on the Issuing Officer s table commenting on social media or using a video or camera is not permitted scrutineers must refer any voter issues to the Voting Place Manager. Scrutineers will not be allowed to engage in any activity on these devices which would compromise the secrecy and integrity of the voting place. 3.9 Photography in voting places While the Electoral Commission encourages people to take and share photos of themselves once they are outside the voting place and unlikely to interrupt or inconvenience other voters, people taking selfies within the voting place, and particularly showing marked ballot papers, is not allowed. No photos inside the voting place posters are displayed inside all voting places and advance voting places. This is to help protect the secrecy of everyone s vote. Photography or filming is only allowed in a voting place with the prior approval of the Returning Officer Conduct of scrutineers at voting places You are entitled to write down the voter s details called out by the Issuing Officer. It is important to be attentive, quiet and co-operative especially when the voting place is busy. If you miss the details, you can ask the Issuing Officer politely for the information to be repeated or watch closely as the Issuing Officer marks the voter off the roll. Do not at any time take the voter s EasyVote card or speak to a voter directly. If you need to talk to the Issuing Officer about not being able to hear, please wait for a gap between voters. You may also call the information on who has voted through to your party s officials. Please adjourn outside to make phone calls. Campaign team members (but not the candidate) may enter the voting place to receive lists or marked up copies of the roll produced by their scrutineers. Keep these meetings discreet. If you have matters that require a lot of discussion you should adjourn outside. You are asked to be mindful of causing minimum disruption to voters and electoral officials. It is a long day and you will need to take breaks. Your campaign team may bring you refreshments. PART 3: SCRUTINY AT THE VOTING PLACE 11

15 Hot drinks and food should not be consumed while sitting behind the Issuing Officer. Depending on the premises, kitchen and toilet facilities may be available for use by the scrutineers. There are a number of rules in the Electoral Act to protect voters from being influenced and to prevent electoral officials from being impeded. It is important to be aware of these rules, because they do apply to scrutineers. Be aware that you must not obstruct anyone s approach to the voting place. Inside the voting place, the following rules applies to scrutineers No communicating with any voter. This includes talking to or greeting family, friends or acquaintances in the voting place. The Electoral Act makes it an offence for scrutineers to talk to voters in the voting place. No touching voting papers at any point. No interfering with an elector at the voting place. To try and influence the elector s vote or to advise the elector on his or her vote is also an offence. No blogging, tweeting or otherwise communicating via social media about what is happening in a voting place. The Voting Place Manager is required to maintain order and keep the peace in the voting place. Causing a disturbance, unnecessarily obstructing proceedings at the voting place or wilfully acting in defiance of the lawful directions of the Voting Place Manager are all offences under the Act. If the Voting Place Manager has concerns about the behaviour of a scrutineer he or she may seek the advice of a Mobile Manager or the Returning Officer. If the matter cannot be resolved and is becoming a disturbance or obstructing the voting process, the Returning Officer will ask the candidate to withdraw the appointment of the scrutineer. As a very last resort, the Voting Place Manager or the Returning Officer will ask for the assistance of police to have a person removed from a voting place Raising concerns at the voting place If you have any concerns about anything you observe in the voting place, you should raise the matter with the Voting Place Manager. Raise your concerns discreetly and recognise that the Voting Place Manager may have a range of pressing matters that he or she is attending to at the same time. Do not raise concerns directly with other electoral staff in the voting place. 12 PART 3: SCRUTINY AT THE VOTING PLACE

16 If you do raise a concern, be advised that the Voting Place Manager may seek advice from a Mobile Manager or the Returning Officer before coming to a view. If you are not satisfied with the decision that has been made, you may want to consider raising the matter with your party or campaign manager who may discuss it with the Returning Officer or the National Office of the Electoral Commission. It is really important that ongoing debate does not disrupt the voting place and that you do not directly intervene in the voting or counting process. Refer any complaints from voters about your presence to the Voting Place Manager Questioning a voter who may have voted more than once If you think a voter has voted more than once you can ask the Issuing Officer to question the voter. The questions the Issuing Officer must put to the voter (using form M30-Q) are: a) Are you the person whose name appears as A.B. in the electoral roll now in force for the (name of district) Electoral District? b) Have you already voted at this election? The voter is asked to write their answers to the questions and sign the form. If a voter states they have already voted, they are advised they are not able to vote again at this election. If the voter states they have not already voted they will be issued with a ballot paper Voters requiring assistance There have been some incidents of scrutineers challenging assisted voting at elections based on misunderstandings of the rules, in particular the misapprehension that only persons with a physical disability can be assisted. Any elector that is wholly or partially blind, unable to read or write for whatever reason, or not sufficiently familiar with the English language to vote without assistance is entitled to be assisted by either a person that they choose (such as a friend or family member) or an electoral official. It is not appropriate for a scrutineer to assist a voter. It is not appropriate for a scrutineer to challenge a voter s eligibility to vote with assistance. If you have concerns raise them with the Voting Place Manager. PART 3: SCRUTINY AT THE VOTING PLACE 13

17 PART 4: ELECTION DAY 4.1 Election day rules Any activities (including advertising) promoting the election of a candidate or party, or attacking a party or candidate, are prohibited on election day and are a criminal offence. The full list of prohibited activities is set out in section 197 of the Electoral Act. The general intention is to leave voters alone from midnight (12am) until 7pm on election day so they can vote without interference. Apparent breaches of the law are reviewed by the Electoral Commission and, where appropriate, referred to the New Zealand Police. Party lapel badges You may wear a party lapel badge in public and in the voting place. A party lapel badge is a badge or rosette designed to be worn on the lapel and bearing the party s name, emblem, slogan or logo, but not a candidate s name. It may be worn anywhere on your person, but may not be displayed on other items, for example on vehicles. Streamers, rosettes, ribbons etc Streamers, ribbons and other similar items in party colours can be displayed on people or vehicles. However, these items must not bear the party s name, emblem, slogan or logo, or the candidate s name. Nor can they be displayed anywhere else on election day, for example on lampposts or road signs. Clothing promoting the party or candidate You must not wear clothing (such as t-shirts) promoting the party or candidate on election day. You should bear in mind the need to exercise restraint when displaying party paraphernalia on election day as there are often complaints from voters. If voters do complain about your presence, refer the complaint to the Voting Place Manager or electoral official in charge. 4.2 Early count of advance votes (from 2pm at Returning Officers HQ) Advance votes (other than advance special votes) may be counted from 2.00pm onwards on election day at the Returning Officer s headquarters if the Returning Officer can provide an appropriate secure area for the count. One scrutineer per candidate can attend the early count of advance votes. If you are appointed to observe the early count of advance votes you should arrive at the Returning Officer s headquarters by 1.30pm. The Returning Officer or an Early Count Team Leader will be responsible for the conduct of the early count. 14 PART 4: ELECTION DAY

18 The count is completed under strict security. At least one uniformed security guard will be required at the early count. Scrutineers are not allowed to take phones, laptops or other communication devices into the early count. The early count of advance votes will count all of the ordinary votes taken at advance voting places in the electorate prior to election day. The main count will be for the ordinary votes taken for that general electorate. At a general election votes will also be counted for the Māori electorate as well as smaller counts for other electorates that the electorate was issuing ordinary votes for (i.e. adjoining electorates). It is an offence to disclose the results of the early count before the close of voting at 7pm. Persons present at the early count may not leave the secured counting area in the Returning Officer s headquarters before the poll closes at 7pm without the Returning Officer s permission. You should not intervene or become involved in the counting process. If you have any concerns you should raise them with the Returning Officer or Team Leader responsible for the early count. 4.3 Preliminary count on election day at the voting place (7pm onwards) If you are appointed as an election day scrutineer at a voting place you may also observe the preliminary count of ordinary votes cast at the voting place. After the voting place closes at 7pm on election day and all voters have left, the manager of every voting place will carry out the preliminary count of votes in the presence of scrutineers and voting place officials. The Voting Place Manager will be responsible for the conduct of the preliminary count. Additional counting staff may be required for the preliminary count. If you are inside the voting place before the close of the poll at 7pm, you are entitled to observe the preliminary count. Any scrutineer not within the voting place when the doors are locked at 7pm will not be admitted. The ballot boxes are opened and the ballot papers, party votes (for a general election) and electorate votes are counted. The results are phoned in to the Returning Officer and then input into the Electoral Commission s National Election Results System. You can leave before the count finishes if you wish, but you will not be readmitted if you do. You should not intervene or become involved in the counting process. If you have concerns, you need to raise them with the Voting Place Manager. As voting has closed you may phone results back to your campaign headquarters from the voting place. PART 4: ElECTION DAY 15

19 PART 5: RESULTS 5.1 Preliminary results election night For a general election the Electoral Commission s target is to have 50% of voting place results available by 10pm on election night and 100% of voting place results available by 11.30pm. For a by-election the target is to have 50% of results by 9pm and 100% available by 10pm. There are no party votes to be counted for a by-election. Special votes cast in advance voting places and voting places are not opened and must wait for the official count. Preliminary results of ordinary votes cast on election day are displayed in real time on electionresults.govt.nz. 5.2 Advance votes The Electoral Commission s target is to have advance vote results available by 8.30pm for a general election and 7.30pm for a by-election. Advance votes are also released in real time on electionresults.govt.nz. 5.3 Official results for an election The official results are compiled in the Returning Officer s headquarters by following a logical and meticulous process which starts the day after election day. The official results process starts the Sunday after election day but cannot be completed until after the last legal day for receiving special votes from other electorates and Returning Officers overseas, which is 10 days after election day. Scrutiny of the rolls The scrutiny takes place at the headquarters of the Returning Officer. One scrutineer per candidate may attend unless the Returning Officer allows more. At the start of the scrutiny process all of the certified electoral rolls are scanned to compile an electronic list of all people who have voted in the electorate (the master roll). The master roll also includes the names of people who enrolled in the electorate between writ day and election day, as well as listing those electors who have been removed from the roll between writ day and election day. During the scrutiny process the electoral officials check the validity of all special vote declaration forms and the names of special voters against the electoral rolls and the list of late enrolments for the district. If the special voter is eligible to make a special vote and the voter s name is found the vote will be counted and the voter s name will be marked on the master roll as 16 PART 5: RESULTS

20 having voted. At a general election the party votes of enrolled voters who voted on the wrong electorate ballot papers are also included in the count. The master roll is then used to identify any apparent dual voters whose votes are extracted. It also results in the production of the master roll showing who has voted in the electorate. Special vote declarations If a voter s name cannot be found on the roll, the declaration form is forwarded to the Registrar of Electors to check the voting qualification of the special voter. If the Registrar can confirm that the voter is enrolled in the electorate, the vote will be counted. Scrutineers may attend the office of the Registrar of Electors to observe the checking of special vote declarations against the electoral rolls. Only one scrutineer per candidate may attend at any given time. Official count If you have been appointed as a scrutineer to observe the scrutiny of the rolls, you may also be present at the official count (and at a judicial recount of electorate votes). The official count takes place at the headquarters of the Returning Officer. All votes counted on election night are recounted and checked to ensure accuracy. A Justice of the Peace must be present at the official count in addition to electoral officials conducting the count and any scrutineers who attend to observe the process. 5.4 Declaration of official results The Electoral Commission expects to publish the official results for a general election about 14 days after election day and 11 days for a by-election by notice in the Gazette. The results will also be available at electionsresults.govt.nz 5.5 Election of list candidates at a general election The Electoral Commission determines which list candidates are elected using a statutory formula after the results of any electorate recounts have been declared and the writ has been returned to the Clerk of the House with the names of the successful electorate candidates endorsed on the back of the writ. The writ is the written notice from the Governor-General instructing the Electoral Commission to arrange for the conduct of a parliamentary election. The Electoral Commission publishes a notice in the Gazette to declare the election of list candidates. The Electoral Commission expects to make this declaration about 19 days after election day, subject to any recount applications. 17 PART 5: RESULTS

21 Prior to the allocation of list seats the Electoral Commission will contact the party secretaries of political parties that have contested the party vote to invite them to appoint scrutineers to attend the allocation. 5.6 Judicial recounts After the declaration of the official results electorate candidates can apply to a District Court Judge for a recount of the electorate vote. If you were appointed to observe the official count for an election you will be eligible to observe the judicial recount. Only party secretaries may apply for a recount of the party vote. 5.7 Election petitions The only way to challenge the election of an electorate candidate is by election petition. A petition may be brought by a voter or a candidate and is heard by three High Court Judges. It must be brought within 28 days of the Electoral Commission declaring the official results. Only the party secretary of a party contesting the party vote can challenge the election of list candidates. To do this, they bring a petition to the Court of Appeal. 18 PART 5: RESULTS

22 APPENDIX A: Election Sequence - General election ANNOUNCEMENT (BY PRIME MINISTER) DISSOLUTION OF PARLIAMENT WRIT DAY (WRIT TO FROM GOVERNOR-GENERAL) 7 days maximum by law 50 days maximum by law NOMINATION DAY ELECTION DAY/PRELIMINARY RESULTS OFFICIAL RESULTS DECLARED (INCLUDING SPECIAL VOTES) APPLICATIONS FOR RECOUNT days maximum by law 3 working days OFFICIAL RESULTS OF RECOUNTS DECLARED RETURN OF WRIT ALLOCATION OF PARTY LIST SEATS PARLIAMENT RESUMES 42 days maximum by law 19 APPENDIX A

23 APPENDIX A: Election Sequence - By-election VACANCY (Notified by Speaker of the House) 21 days maximum WRIT DAY (Direction by Governor-General) NOMINATION DAY days maximum ELECTION DAY/PRELIMINARY RESULTS (excluding Special Votes) 50 days maximum 11 days approximately OFFICIAL RESULTS DECLARED 3 working days APPLICATIONS FOR RECOUNT OFFICIAL RESULTS OF RECOUNT DECLARED RETURN OF WRIT 20 APPENDIX A

24 ISSUING ORDINARY VOTES 1 ISSUING OFFICER FINDS THE VOTER S NAME ON THE ROLL Voter asked if they have an EasyVote Card EasyVote Card SMITH Hemi David 1234 Sample Street Sample Suburb Sampletown 2014 SMITH Miriama May 1234 Sample Street Sample Suburb Sampletown TE TAI TONGA 037/041 WELLINGTON CENTRAL 203/055 EasyVote Card 2014 OR Voter asked: What is your full name and address? If the voter s name cannot be found on the roll, voter is referred to a Special Vote Issuing Officer. AFTER FINDING THEIR NAME VOTER WILL BE ASKED "Can you confirm that you are... " (the name on the roll) 2 THE ROLL IS MARKED NEXT TO THE VOTER'S NAME A solid line connecting the markers to the left of the voter's name is ruled using a red pen Issuing Officer will say out loud the voter s name and the page and line number 3 PREPARATION OF THE BALLOT PAPER (electorate vote only for a by-election) PAGE and LINE numbers written on ballot stub Ballot stub initialled by Issuing Officer WELLINGTON CENTRAL Issuing Officer stamp Black STICKER must cover unique number 4 BALLOT PAPER ISSUED TO VOTER APPENDIX B

25 ISSUING SPECIAL DECLARATION VOTES VOTER ASKED if they have an EasyVote card or Voter Information Letter 1 Yes No E written in Index Reference' box on declaration (E81) Electorate name written on declaration Page and line number from EasyVote card written on declaration Declaration stamped Voter asked for their address Address looked up in Index to Places and Streets Page number from Index written into Index Reference' box on declaration E Sample Electorate name written on declaration Albert Brian 60 Electorate 193 Issuing Point Teacher Sample Declaration stamped E 16 Wellington Albert Brian Central Teacher Anywhere Street Wellington 123 Anywhere Street Wellington Voter asked to complete but not sign Sample Issuing Officer checks all sections are complete Albert Brian Voter asked to sign and date Issuing Officer signs and stamps declaration 60 Electorate 193 Issuing Point Wellington Central DECLARATION COMPLETED BY VOTER 2 E Wellington Central AB Sample Teacher I. Officer AB Sample Electorate Issuing Point 60 Electorate Anywhere Street only I. Officer 123(electorate vote Issuing Point Wellington for a by-election) PREPARATION OF SPECIAL VOTE BALLOT PAPER 3 Declaration number copied onto special vote ballot paper Black sticker placed on ballot paper Ballot paper stamped AB Sample Electorate DECLARATION FINALISED 4 Declaration torn off from the envelope, folded and inserted into the envelope ENVELOPE 5 60 WEL Electorate number and name from ballot paper written onto the front of the envelope BALLOT PAPER AND ENVELOPE ISSUED TO VOTER APPENDIX C 14 Issuing Point I. Officer 6 60 Electorate 193 Issuing Point LINGTO N CENT RAL Electorate 193 Issuing Point