Western Australian Consolidated Acts

ELECTORAL ACT 1907 - SECT 142

142 .         The count of votes by assistant returning officers

                The procedure at the count of votes by the assistant returning officers shall be as follows:

        (1)         Each assistant returning officer shall open all ballot boxes received at his counting place.

        (2)         The assistant returning officer shall count all the votes on the ballot papers found in the boxes opened by himself, rejecting all informal ballot papers, and ascertain — 

            (a)         the number of votes for each candidate, if there are only 2 candidates; or

            (b)         if there are more than 2 candidates, the number of first preference votes given for each candidate,

                and shall make and keep a record of the total number of votes for each candidate counted by him from each of such ballot boxes.

        [(3)         deleted]

        (4)         Each assistant returning officer shall certify in writing, addressed to the returning officer, the number of votes or first preference votes, as the case may be, given for each candidate in the ballot papers contained in the ballot boxes counted at his counting place.

        (5)         An assistant returning officer may communicate to the returning officer the number of votes or first preference votes, as the case may be, recorded for each candidate at the counting place for which he is appointed, and the returning officer, in ascertaining the result of the poll, may act upon the information so received.

        (6)         Each assistant returning officer shall — 

            (a)         enclose — 

                  (i)         in one packet, all the used ballot papers in his possession;

                  (ii)         in another packet, all the unused ballot papers in his possession; and

                  (iii)         in another packet, all copies of rolls, books, communications from officers, or other papers or documents used or received at or in connection with the election, that are in his possession;

                and

            (b)         seal up the several packets and endorse the same with a description and the number of the contents thereof respectively, and the name of the counting place and the date of the polling, and sign the endorsement, and forthwith forward the said packets to the returning officer.

            (c)         The packet containing the used ballot papers shall be sealed before the scrutineers, if any, present at the count, and any scrutineer who desires so to do shall be permitted by the assistant returning officer to affix his seal upon such packet.

        [Section 142 amended by No. 44 of 1911 s. 35; No. 59 of 1919 s. 5; No. 58 of 1961 s. 17; No. 68 of 1964 s. 28; No. 40 of 1987 s. 68 and 84; No. 79 of 1987 s. 78; No. 36 of 2000 s. 68.]