Info
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Counting at polling places
Polling officials are required to complete three main tasks when polls close, in the following order:
count the first preferences on the House of Representatives ballot papers
conduct a two-candidate-preferred (TCP) count of the House of Representatives ballot papers, and
count the first preferences on the Senate ballot papers.
Only ordinary votes from polling places are counted on election night. That is, the ordinary votes that are cast at a polling place where the voter's name is marked off the electoral roll at the time of voting.
(Australian Electoral Commission)
4.72. Outcome of election to be determined
(1) As soon as is practicable after voting has finished the returning
officer is to arrange for the votes to be counted and ascertain the
result of the election.
(2) The votes are to be counted at the place or places notified for the
purpose in the election notice or, if that is impracticable because of riot, violence or other cause, at any other place appointed by
the returning officer.
(Local Government Act 1995, art. 4.72).
Source: https://www.aec.gov.au/Voting/counting/index.htm
Local Government Act 1995, art. 4.72: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/07/10
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: 278 Re-count at Senate elections
(1) At any time before the declaration of the result of a Senate election the Australian Electoral Officer may, on the written request of any candidate setting forth the reasons for the request, or of the officer’s own motion, direct or conduct a re-count of the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer.
(2) If the Australian Electoral Officer refuses a request of a candidate under subsection (1), the candidate may, in writing, appeal to the Electoral Commissioner to direct a re-count of the ballot papers to which the request relates, and the Electoral Commissioner has a discretion either to direct a re-count of the ballot papers or refuse to direct a re-count.
279 Re-count at House of Representatives elections
At any time before the declaration of the result of a House of Representatives election the Divisional Returning Officer may, on the request of any candidate setting forth the reasons for the request, or of the officer’s own motion, and shall, if so directed by the Electoral Commissioner or the Australian Electoral Officer, re-count the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer or the Electoral Commissioner.
(Commonwealth Electoral Act 1918, section 278, 279).
4.76. Review of decisions on ballot papers
Unless a Court of Disputed Returns decides otherwise, the returning officer’s decision about the acceptance or rejection of
a ballot paper is final but this does not prevent the returning officer from reviewing the decision in the course of a re-count of votes.
(Local Government Act 1995, art. 4.76)
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 278, 279: https://www.legislation.gov.au/Details/C2019C00103
Local Government Act 1995, art. 4.76: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
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