(2.) In every such case the presiding officer at such polling-place, before giving a ballot-paper to the person claiming to vote, shall put to him the questions following, that is to say (1) For what Electoral District are you qualified to vote? (2) Have you within the last preceding seven months been bonâ (3) What is your name (Surname and Christian name in full)? (5) Where is your usual place of residence? (6) What is your present address? The presiding officer shall then endorse the answers to such questions upon an envelope, and the person claiming to vote shall sign the same, and the presiding officer shall witness such signature. (3.) Such endorsement shall be in the form following, that is to say: PART IV.RETURNING AND PRESIDING OFFICERS, ETC. 1. For what Electoral District are you qualified to vote?. 2. Have you within the last preceding seven months been bond fide resident 3. What is your name (Surname and Christian name in full) ? 4. What is your occupation? 5. Where is your usual place of residence ?. 6. What is your present address ? 7. Polling-place at which claim made I declare the answers to the above questions to be true, and I sign my name knowing that if any of them is false I may be liable to a penalty not exceeding £50. Name in full of Claimant_ Witness: Presiding Officer. (4.) No person so claiming to vote shall receive a ballot-paper unless or until he has answered the said questions to the satisfaction of the presiding officer, and has signed the said envelope. (5.) The presiding officer shall then, as in other cases, give a ballotpaper to the person claiming to vote, but shall retain the envelope so endorsed. PART IV.RETURNING AND PRESIDING ETC. Duty of presiding officer. Duty of returning officer. Every such ballot-paper shall be of such material that the voter may effectually conceal the name of the person for whom he has voted, and shall be in the following form: [Front Page.] BALLOT-PAPER. INSTRUCTIONS (i.) You must record your vote by (ii.) You must then fold up the (iii.) The presiding officer must [Second Page.] HOW TO VOTE. Below write the name of the candidate you vote for. If two members are to be chosen, you may write the name of one or the names of two candidates. You may vote contingently if you choose to do so by writing the names one below the other to denote the order of your preference. (6.) The voter shall record his vote by writing on the second page of the ballot-paper the name of the candidate or the names of the candidates for whom he votes. For the purposes of contingent voting the voter may write the names of the candidates or of any candidates upon the ballot-paper, one below the other, and the order in which the voter has so written them shall denote the order in which the voter desires the vote or votes to be counted. (7.) When the voter has voted, he shall not himself place the ballotpaper in the ballot-box, but shall deliver the same, folded up, to the presiding officer, who, without unfolding the same, shall, in the presence of the voter, place the ballot-paper in the said envelope, and after securely fastening the envelope shall place it aside for separate custody. (8.) Any person who wilfully makes a false answer to any of the questions put to him under this section, or signs his name upon any envelope, any part of the endorsement of which is to his knowledge false, shall be liable to a penalty not exceeding fifty pounds. 78L.* Immediately at the close of the poll, the presiding officer shall sort all envelopes containing absent voters' ballot-papers under their proper electoral districts, and shall enclose all such envelopes for the same district in an outer envelope, and transmit the same, properly addressed, by post or otherwise, to the several returning officers of the districts for which the absent voters are respectively enrolled. He shall also inform each such returning officer, if necessary by telegram, of the number of persons who voted as absent voters for the district concerned. 78M.* When the returning officer receives from presiding officers in other districts the parcels of envelopes containing absent voters' ballotpapers, he shall, before in any way unfastening any envelopes immediately containing ballot-papers, verify the right to vote of the several voters claiming to vote for his district by comparing the endorsements * Provisions as to postal ballot (sections 78K to 78T) were inserted by section 10 of the Act of 1905, but were repealed by section 3 of the Act of 1908, which inserted in lieu thereof sections 78K to 789 dealing with absent voters. upon the envelopes with the marked roll for his district in use at the election. If the right of any person to vote is thereby established to his satisfaction, he shall mark upon the envelope the number of the voter appearing on the roll, and shall, without then unfolding the ballot-paper, mark the same number upon the right hand upper corner of the front page of the ballot-paper and fold it down and secure it with gum so that the number is effectually concealed, and shall place such ballot-paper in a ballot-box. He shall set aside for separate custody the envelopes immediately containing the ballot-papers. If the right to vote is not thereby established, he shall reject the vote, but shall not unfasten the envelope. He shall set the same aside for separate custody. No such ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed with the absent voter's declaration. When the returning officer has dealt with all the envelopes in every packet which has been delivered on the same day, he shall open the ballot-box and count the votes as in other cases; and shall so proceed from day to day until all the ballot-papers have come to hand, or until the day on which no further ballot-papers are to be counted. PART IV.RETURNING AND PRESIDING OFFICERS, voter's ETC. 78N.* A signature upon an envelope endorsed with an absent voter's Evidence of declaration purporting to be the signature of a voter shall, upon a signature, &c. scrutiny, without further proof, be primâ facie evidence that such voter voted at the election as an absent voter. The number marked upon the absent voter's envelope and ballotpaper as aforesaid shall, upon a scrutiny, be primâ facie evidence that such ballot-paper was issued to and used by the person to whom the same number is assigned upon the roll in use at the election. 78P.* Any mistake in spelling of the name of any candidate, where Mistakes. the intention of the voter is clear, shall not render such vote informal. It shall suffice, when no two candidates have the same surname, for the voter to write the surname only of the candidate for whom he votes. 789.* Nothing herein contained shall be deemed to take away the saving appeal right to appeal to the Elections Tribunal from the decision of the returning officer as to the allowance or disallowance of an absent voter's vote. PART V.-DECLARATION OF THE RESULTS AND THE RETURN OF to Elections Tribunal. PART V.DECLARATION OF THE RESULTS AND THE RETURN OF WRITS OF ELECTION. Assistant 79. (1.) Whenever it is likely that not more than fifty votes will respectively be polled at one or more of the polling places amongst returning several polling-places for a district (herein called a group), and that the officers. results of the polling for the group will more conveniently be ascertained at one central polling-place, the Governor in Council may appoint at person to act at such central polling-place as assistant returning officer. Such officer shall also act as and be deemed for all purposes to be the presiding officer at such central polling-place. officer of (2.) Every presiding officer at the several polling-places of the Duty of group shall, at the close of the poll, in the presence of the poll clerk. if presiding any, and of such of the candidates and scrutineers as may attend, make group. up in one parcel the ballot-box unopened, and in another parcel the • Provisions as to postal ballot (sections 78K to 78T) were inserted by section 10 of the Act of 1905, but were repealed by section 3 of the Act of 1908, which inserted in lieu thereof sections 78K to 78q dealing with absent voters. Title of Part V. printed as amended by 3 Edw. VII. No. 10, s. 10, title Acts. The first three subsections of this section were inserted by section 12 of the Act of 1908. PART V. DECLARATION OF THE RESULTS AND THE RETURN OF WRITS OF Duty of assistant returning officer. Presiding to returning roll supplied to him by the returning officer (which shall be signed by him and the poll clerk, if any), and all books and papers used by him during the polling, and in another parcel all ballot-papers set aside for separate custody as aforesaid (other than absent voters' ballotpapers), and shall seal up such parcels and permit the same to be sealed by the scrutineers present if they so desire, and shall, with the least possible delay, deliver such parcels, or cause them to be delivered, to the assistant returning officer at the central polling-place of the group. *(3.) Every assistant returning officer shall, as soon as possible after he has received the sealed parcels so transmitted to him, open the several sealed parcels containing the ballot-boxes, and shall mix the ballot-papers taken at his own polling-place with all the ballot-papers contained in the said ballot-boxes, and shall thereupon, in the presence of his poll clerk, if any, and of such of the candidates and scrutineers as may attend, examine and count the number of votes received for each candidate at all the said polling-places, and shall make out a written statement, signed by himself and countersigned by his poll clerk, if any, and by any scrutineers who are present and consent to sign the same, containing the aggregate number in words and figures of the votes received for each candidate so counted as aforesaid; and, after making out and signing such statement, shall make up in one parcel all the ballotpapers so counted as aforesaid, and all the rolls, books, and papers kept and used by him and the said presiding officers during the polling (his own roll being signed by him and the poll clerk, if any), and in another parcel all ballot-papers set aside for separate custody by him and the said presiding officers (other than absent voters' ballot-papers), and shall seal up such parcels, and permit the same to be sealed by the scrutineers present if they so desire, and shall, with the least possible delay, deliver such parcels and statement or cause them to be delivered to the returning officer and shall by the next practicable opportunity thereafter also transmit a duplicate of such statement signed and countersigned as aforesaid. (4.) At every polling-place in respect of which an assistant returning officer has not been appointed the presiding officer other than the returning officer shall, at the close of the poll, in the presence of the poll clerk, if any, and of such of the candidates and scrutineers as may attend, examine and count the number of votes received for each candidate at the polling-place at which he presided, and shall make out a written statement, signed by himself and countersigned by his poll clerk, if any, and any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes received for each candidate so counted as aforesaid; and after making out and signing such statement shall make up in one parcel all the ballot-papers together with the roll supplied to him by the returning officer (which shall be signed by him and the poll clerk, if any) and all books and papers used by him during the polling, and in another parcel all ballot-papers set aside for separate custody as aforesaid, and shall seal up such parcels and permit the same to be sealed by the scrutineers present if they so desire, and shall with the least possible delay deliver such parcels and statement or cause them to be delivered to the returning officer; and shall, by the next practicable opportunity thereafter, also transmit a duplicate of such statement, signed and countersigned as aforesaid. The first three subsections of this section were inserted by section 12 of the Act of 1908. section 12 of the Act of 1908. PART V.- OF THE RESULTS WRITS OF examine and at his polling-place up the same. 80. Every returning officer shall, at the close of the poll, in the presence of his poll clerk, if any, and of such of the candidates and Returning scrutineers as may attend, examine and count the number of votes officer to received for each candidate at his own polling-place, and shall make count votes out a written statement, signed by himself and countersigned by his poll clerk, if any, and by any scrutineers who are present and consent and then seal to sign the same, containing the, number in words and figures of the votes received for each candidate so counted as aforesaid; and after making out and signing such statement shall make up in one parcel all the ballot-papers, rolls, books, and papers kept and used by him during the polling, and in another parcel all ballot-papers set aside for separate custody as aforesaid, and shall seal up such parcels and permit the same to be sealed by the scrutineers present if they so desire; and shall endorse the same when so sealed with a description of the contents thereof, and with the name of the electoral district and polling-place, and the date of polling, and sign such endorsement with his name. open sealed transmitted count the which each re-sealed. 81. *As soon as possible after the returning officer has received from Returning the several assistant returning officers and presiding officers the sealed open real parcels so transmitted to him, containing the ballot-papers counted at parcels the central polling-places and other polling-places outside a group respec- by presiding tively, and the several statements of the number of votes so transmitted officers and by them, he shall from his own and such other statements ascertain the votes, after gross number of votes for each candidate, and shall also, in the presence parcel to be of his poll clerk (if any) and of such candidates and scrutineers as may attend, open such sealed parcels, and examine and count the number of votes for each candidate at each central polling-place and other pollingplace outside a group, and in manner herein before prescribed examine and count the votes received from absent voters; and, after having counted the same, shall make up in separate parcels the ballot-papers, rolls, books, and papers received from each assistant returning officer and presiding officer, and the absent voters' ballot-papers and declarations in like manner as herein before required concerning the ballotpapers, rolls, books, and papers kept and used by him at his own pollingplace, and shall seal up, and also permit to be sealed up by the scrutineers, and shall endorse in like manner as aforesaid, the said several parcels, and deal with the same as hereinafter provided. The returning officer shall also make out, in respect of each central polling-place and other polling-place outside a group, a like written statement, signed and countersigned as herein before required, concerning his own polling-place. The returning officer shall also examine the rolls which have been used and marked by himself and the presiding officers at the several polling-places, and ascertain whether any electors appear to have voted at more than one polling place, and shall make out a list showing the names and numbers of all electors who appear to have so voted at more than one polling-place, and shall forward a copy thereof to each of the candidates, and shall enclose the original list in the sealed packet to be made up by him as hereinafter provided. No returning officer shall open or examine any sealed packet in the joint absence of any candidate and his scrutineer unless he has given twenty-four hours' previous notice in writing to such candidate, or to his scrutineer, of his intention to open and examine the same. First and second paragraphs of this section substituted for the original paragraphs by section 13 of the Act of 1908. |