New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 172

172 Recount

(1) At any time before the declaration of an election result, the Electoral Commissioner may, if he or she thinks fit, on the request of any candidate in the election which sets out the reasons for the request, or on the Electoral Commissioner's own motion, re-count the ballot papers.

(2) A person conducting a recount as the delegate of the Electoral Commissioner--

(a) may reserve any ballot paper for the decision of the Electoral Commissioner, or

(b) at the request of any scrutineer, must reserve any ballot paper for the decision of the Electoral Commissioner.

(3) The Electoral Commissioner must--

(a) decide whether any ballot paper reserved under subsection (2) is to be allowed and admitted or disallowed and rejected, and

(b) endorse the decision on the ballot paper.

(4) A decision of the Electoral Commissioner under subsection (3) is, subject to review by the Court of Disputed Returns when hearing a petition in accordance with Part 8, final.