Statement of poll and sealing ballot boxes
91(1)If, during the counting of the votes, a candidate, a scrutineer, or an elector who is present, objects to any ballot, the deputy returning officer shall,
(a)
hear and decide every question arising out of the objection, and subject to reversal on a recount, or on a petition questioning the election or the return, his decision is final, and
(b)
if he decides that a ballot should not be rejected he shall count the votes marked thereon.
91(2)If, in the course of counting the votes, a ballot is found without the initials of the deputy returning officer affixed thereto, the deputy returning officer shall, in the presence of any person present in the polling station,
(a)
if he is satisfied that the ballot is one that was supplied by him, affix his initials to it; and
(b)
subject to section 90 and to this section accept it and count the votes marked thereon.
91(3)The deputy returning officer shall keep a record on the special form printed in the poll book of every objection made to a ballot by a candidate, a scrutineer or any elector present, and every such objection shall be numbered, and a corresponding number placed on the back of the ballot and initialled by the deputy returning officer.
91(4)The votes on all ballots not rejected by the deputy returning officer shall be counted and a list kept of the number of votes given to each candidate and of the number of ballots rejected.
91(5)When the counting of votes has been completed, the deputy returning officer shall
(a)
put the ballots that have been counted in the envelopes provided for that purpose, separating, so far as possible, the ballots upon which votes have been given for each candidate, and
(b)
put the rejected ballot papers in the separate envelope provided for that purpose,
and the deputy returning officer shall then seal and sign the several envelopes containing the spoiled ballot papers, the unused ballot papers, the counted ballots and the rejected ballot papers and the poll clerk shall, and such other persons present as wish to do so may, sign such envelopes.
91(6)The deputy returning officer and the poll clerk, immediately after the completion of the counting of the votes, shall take and subscribe respectively the oaths in the forms prescribed by regulation, which shall remain attached to the poll book.
91(7)The deputy returning officer shall make the necessary number of copies of the statement of the poll in the form prescribed by regulation, one copy to be retained by the deputy returning officer and one copy for the returning officer that shall be enclosed in a special envelope supplied for the purpose, which envelope he shall seal and deposit by itself in the ballot box.
91(8)The envelopes containing the ballot papers unused, spoiled or rejected and the counted ballots, each lot in the proper envelope, and other documents used at the poll, other than the poll book and the list of electors, shall be placed in the large envelope supplied for that purpose, and this envelope shall be immediately sealed and placed in the ballot box, along with a separate envelope containing the official statement of the poll prepared for the returning officer.
91(9)The ballot box shall then be sealed by the deputy returning officer with a metal or plastic seal and forthwith shall be delivered to the returning officer according to the manner prescribed by the Chief Electoral Officer.
91(10)The Chief Electoral Officer may authorize the returning officer to appoint one or more persons for the purpose of collecting the ballot boxes from a given number of polling stations, and such person or persons shall on delivering such boxes to the returning officer subscribe to the oath in the form prescribed by regulation.
91(11)The deputy returning officer shall in a separate envelope provided for that purpose, transmit or deliver to the returning officer
(a)
the preliminary statement of the poll also in a separate envelope, and
(b)
the polling station account filled in and signed by the deputy returning officer and poll clerk.
91(12)If any deputy returning officer omits to enclose within the ballot box, and in the proper envelopes provided for that purpose, any of the documents mentioned in this section, or omits to seal the ballot box and deliver it, he shall, in addition to any other punishment to which he may be liable, forfeit all right to payment for his services as such officer; and the returning officer shall not certify any account for payment for the services of such deputy returning officer if it appears that the omission was made by reason of any want of good faith on the part of the deputy returning officer.
1967, c.9, s.91; 1973, c.74, s.29; 1974, c.92(Supp.), s.13; 1980, c.17, s.33; 1991, c.48, s.18; 1998, c.32, s.65; 2006, c.6, s.35