PART 14 Scrutineers Code of Good Practice for the management of local authority elections and polls 2016
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PART 14
Scrutineers
Code of Good Practice for the management of local authority elections and polls 2016
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OBJECTIVE OF PART
All electoral officers are familiar with the statutory requirements and recommended procedural practices relating to the appointment and role of scrutineers.
Being familiar with these requirements and practices will assist the achievement of the Local Electoral Act principle of public confidence in and understanding of electoral processes..
KEY MESSAGES
Electoral officers:
n need to be aware of the right of candidates and electors to appoint scrutineers for elections and polls
n need to be familiar with the statutory role, rights and responsibilities of scrutineers once appointed
n should consider preparing a scrutineer handbook and make this available to candidates, scrutineers and electoral staff.
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ConTenTs
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Requirements and recommended practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Appendix: Handbook for scrutineers at local authority elections and polls . . . . . . . . . . . 7
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InTROduCTIOn
14.1 Scrutineers may be appointed by candidates at elections, or by electors in respect of polls, to observe the conduct of the election or poll concerned. Appointment of scrutineers can be seen to assist the achievement of the principle in the Local Electoral Act 2001 (LEA) of “public confidence in, and public understanding of, local electoral processes”.
14.2 This Part of the Code sets out the requirements of the LEA and the Local Electoral Regulations 2001 (LER) relating to scrutineers including recommended good practices.
14.3 To promote awareness and understanding of the role, including the rights and responsibilities of scrutineers, the SOLGM Electoral Working Party has prepared a model scrutineers’ handbook. This handbook is attached as an Appendix.
LEGISLATIOn
14.4 The key legislative provisions relating to scrutineers are:
Local Electoral Act 2001Section 4 PrinciplesSection 5 Interpretation Section 66 Scrutineers at electionSection 67 Scrutineers at pollSection 68 General rules affecting scrutineersSection 81 Scrutineers’ presence at processing prohibited before close of votingSection 83 Scrutiny of rollSection 84 Counting of votesSection 90 Application for recountSection 91 Scrutineers at recountSection 123 Offences in respect of official documentsSection 129 Infringement of secrecySection 130 Disclosing voting or state of election or poll
Local Electoral Regulations 2001Postal voting and FPP (STV):Regulation 55 (100) Dealing with returned envelopesRegulation 58 (103) Counting votesRegulation 60 (104A) Performance standard for checking systemsRegulation 61A (105A) Preliminary results of electionsRegulation 62 (106) Official result of elections
(NOTE: Similar Regulations also apply for booth voting using FPP and STV, and must be followed if this voting method is adopted.)
Regulation 137 Declaration of scrutineers
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REquIREMEnTS And RECOMMEndEd PRACTICES
14.5 Section 66 LEA provides that a candidate may appoint one or more scrutineers for the purpose of an election. Section 67 provides that 10 or more electors who are in favour or opposed to a proposal at a poll, may appoint one or more scrutineers for the purpose of that poll.
14.6 Section 68 sets out the general rules affecting scrutineers. These are:• the appointment of a scrutineer under section 66 or 67 is not valid unless a copy of
the notice of appointment is delivered to the electoral officer not less than 24 hours before the close of voting at the election or poll
• a person may not act as a scrutineer unless he or she has made a declaration in the prescribed form (Regulation 137)
• a person must not be appointed a scrutineer if he or she is a candidate, a member or employee of the local authority or community/local board concerned, or under the age of 18
• not more than one scrutineer for any candidate, or for or against any one poll proposal, may be present, for the purpose of performing their scrutineer duties, at the same time.
14.7 Section 68 also sets out when scrutineers may be present at any election or poll process. These are:• the completion of any step in the early processing of votes after the close of
voting• the scrutiny of the roll• the counting of votes (including inspection of voting documents).
NB: The scrutineer’s role has diminished in recent years because of the adoption of early processing, but candidates and electors are still entitled to appoint scrutineers to attend at these times.
14.8 Section 81 specifically prohibits scrutineers from being present at any step in the processing of votes before the close of voting. This prohibition excludes the scrutiny of the roll before early processing commences (section 83).
14.9 Section 91 provides that scrutineers may also be present at any recount of votes for an election. This applies whether or not a candidate has appointed a scrutineer under section 66.
14.10 It is important that candidates are aware of the role and what is expected of their scrutineers and that scrutineers also understand their role and what is required of them. This includes offence provisions that apply, particularly in respect of official documents (section 123), infringement of secrecy (section 129) and disclosing voting or state of election or poll (section 130).
14.11 A model handbook for scrutineers at local elections and polls, setting out roles and expectations, has been produced by the SOLGM Electoral Working Party. An updated version of the handbook is included as an Appendix to this Part of the Code.
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1 Recommended good practice on scrutineers is that electoral officers:(i) be aware of the right of candidates and electors to appoint scrutineers in respect
of elections and polls respectively(ii) be familiar with the statutory role, rights and responsibilities of scrutineers at
elections and polls (iii) prepare a handbook for scrutineers, based on the model prepared by the SOLGM
Electoral Working Party, and make this available to candidates, scrutineers and electoral staff.
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PART 14: APPenDIX
Handbook for scrutineers at local authority elections and polls
Code of Good Practice for the management of local authority elections and polls 2016
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ConTenTs
1 . Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 . Role of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 . Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 . Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5. Informationtobesuppliedbyelectoralofficer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6 . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Appendix A – Model letter of appointment of scrutineer . . . . . . . . . . . . . . . . . . . . . . . . . 15
Appendix B - Model declaration form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Appendix C - Main offence provisions in Local Electoral Act of importance to scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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HAndBOOK FOR SCRuTInEERS
This handbook is issued for the guidance of scrutineers at local authority elections and polls. It has been prepared by the SOLGM Electoral Working Party.
The handbook aims to inform scrutineers of their rights and obligations under the Local Electoral Act 2001 (LEA) and the Local Electoral Regulations 2001 (LER). It also informs candidates and electors, who appoint scrutineers for an election or poll, about the role of scrutineers.
Finally, the statutory provisions and practices applying to scrutineers as set out in this handbook will guide the relationship between them and the electoral officer, deputy electoral officer and electoral officials during the process of an election or poll involving scrutineers.
disclaimer:
This handbook has been compiled to help scrutineers and other interested parties understand the requirements of the Local Electoral Act 2001 and the Local Electoral Regulations 2001.
This handbook is not intended to be a substitute for the Act and Regulations. While every effort has been made to ensure the information in this guide is accurate, SOLGM, the SOLGM Electoral Working Party and any other individual or organisation involved in its preparation will not accept any liability for any loss or damage arising to any person or organisation from the use of the material contained in this handbook.
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1 InTROduCTIOn
1.1 The preparation of this handbook for scrutineers arose from a recommendation of the former Internal Affairs and Local Government Select Committee made in its 1999 Report on the Inquiry into Early Processing of Voting Papers at Local Authority Elections.
1.2 Because of some concerns identified with scrutineers during the 1998 local authority elections, the Select Committee agreed that it was important for candidates to be aware of what is expected of their scrutineers. The Select Committee noted that for Parliamentary elections the Chief Electoral Officer issues a handbook that outlines the rights and obligations of scrutineers and includes forms for both the candidate to appoint a scrutineer and the required secrecy declaration. Briefings by the Chief Electoral Officer for Parliamentary candidates and parties also include the role and functions of scrutineers.
2 ROLE OF SCRuTInEERS
2.1 The general role of scrutineers is to observe particular election or poll procedures to assist the achievement of the principle in the Act of “public confidence in, and public understanding of, local electoral processes”. It is not to give any particular candidate or party any “inside information” prior to the official release of preliminary or final results based on what scrutineers believe they may have observed regarding the state of the election or poll. (Refer section 130 LEA.)
2.2 Section 68 of the Local Electoral Act (LEA) sets out the general rules applying to scrutineers including when they may be present for particular election or poll procedures. These times are:• scrutiny of roll (sections 81 and 83 LEA and Regulation 55 and 100 LER). This involves
marking the elector’s name off the roll as their vote is received. The key is to establish any dual voting which is disallowed;
• any step in the early processing of votes completed after the close of voting (section 80 LEA). Scrutineers (and any other person who is not an electoral official) are prohibited from attending any of these steps before the close of voting to avoid any possibility that trends in voting may be identified before the close of voting;
• counting of votes (section 84 LEA, and Regulations 58, 60, 61A, 62, 103, 104A, 105A and 106 LER). The first count of votes occurs immediately following the close of voting. The outcome is the preliminary result announced on polling day. The second count follows the first count. It can commence on polling day and due to special voting issues is usually completed on the Monday, Tuesday or Wednesday following polling day;
• recount of votes at an election (section 90, 91 LEA). A recount takes place on the order of a District Court judge following an application from a candidate. It involves a recount of the relevant voting documents.
2.3 In observing the processes in paragraph 2.2, a scrutineer (and a candidate) may request from the electoral officer before the close of voting the names of persons from whom voting documents have been received (section 68(6) LEA). There is nothing in the Act that prohibits the disclosure of this information but the passing on of any other information is not permitted – see section 6 of this handbook relating to offences.
2.4 Given that the practice has been for all local authority elections to be conducted by postal voting and not by booth voting as in Parliamentary elections, and with the early
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processing of voting documents, scrutineers become less involved in the local elections process than for Parliamentary elections.
2.5 Scrutineers are not entitled or empowered to interfere with the conduct of an election or poll or raise questions of procedure or law with electoral officials. If a scrutineer believes that electoral procedures are not being followed, he or she should draw the matter to the attention of the electoral officer.
3 APPOInTMEnT OF SCRuTInEERS
3.1 For a local authority election a candidate may, by notice in writing, appoint one or more scrutineers (section 66 LEA). However, only one scrutineer may be present at any one time.
3.2 In relation to a local authority poll, 10 or more electors, who are either in favour of or opposed to the proposal being polled, may appoint one or more scrutineers (section 67 LEA).
3.3 Every scrutineer appointed under sections 66 or 67 of the Act must be appointed in writing (a model letter of appointment is contained in Appendix A).
3.4 An appointment as scrutineer is not valid unless a copy of the notice of appointment is delivered by the candidate or the 10 electors, to the electoral officer. The electoral officer must receive this notice not less than 24 hours before the close of voting at the election or poll. It is recommended that scrutineers always carry a copy of this notice when undertaking scrutineering duties.
3.5 Section 68(3) of the Act contains three restrictions on who may be appointed a scrutineer. No person can be a scrutineer if that person is:• a candidate in the elections; or• a member or employee of any local authority or community/local board for whom
the election or poll is being held; or• under 18 years of age.
4 dECLARATIOn
4.1 No person appointed as a scrutineer can carry out scrutineering duties until he or she has completed a declaration (section 68(2) LEA and Regulation 137 LER).
4.2 A model declaration form for scrutineers is contained in Appendix B.
4.3 The key obligations for a scrutineer arising from the declaration are that he or she:• will properly exercise the powers conferred on a scrutineer;• is not a person to whom section 68(3) of the Act applies, i.e. is not a candidate or a
member or employee or any local authority or community/local board for whom the election or poll is being conducted, or under the age of 18; and
• will not directly or indirectly disclose any fact coming to his or her knowledge at the election or poll that he or she is required by the Act or Regulations not to disclose.
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4.4 A person appointed as a scrutineer should report to the electoral officer on the first day on which he or she is to undertake any scrutineering duty to complete the required declaration. Upon completing the declaration, the scrutineer will be given a “scrutineer” nametag. This nametag should be returned to the electoral officer when the scrutineer leaves the premises where he or she is acting as a scrutineer.
5 InFORMATIOn TO BE SuPPLIEd BY ELECTORAL OFFICER
5.1 As soon as practicable following the appointment of a scrutineer, the electoral officer will advise that person of:• arrangements for the election or poll process for which he or she has been
appointed;• what restrictions apply to scrutineers; and• how that person is expected to conduct himself or herself.
Arrangements for roll scrutiny, preliminary and official counts and any recount
5.2 The electoral officer will advise the scrutineer:• where he or she should go, and at what time, to complete the required declaration
before any scrutineering duties can be undertaken;• when and where any planned briefing of candidates and scrutineers about election
processes is to be held;• when and where any planned briefing of electoral officials about the election or poll
process is to be held;• in relation to the scrutiny of the roll:
- where it will be conducted (address and office), and- on what days and time the scrutiny of the roll will take place;
• that the first count of voting documents will commence at 12 noon on what day and where (in the case of the 2016 local authority elections, the day and time will be 12 noon on Saturday 8 October 2016);
• when and where the second count will commence and on what days it will extend over if there are special votes to clear with the Registrar of Electors;
• on how the first and second counts will be undertaken – manually or electronically;
• of any local authority transport arrangements (buses, car etc) if the first and second counts are being conducted at premises outside the district and how a scrutineer can book a seat if interested in attending the counts;
• if a recount has been ordered by a District Court Judge, where and when that recount will take place;
• that no remuneration will be paid to any scrutineer by the local authority for the undertaking of scrutineering duties.
Restrictions on scrutineers during election and poll processes
5.3 A local authority can decide under section 79 of the Act to process voting documents during the voting period. Scrutineers are prohibited under section 81 of the Act from being present during the early processing of voting documents unless any steps are being completed after the close of voting. Early processing of voting documents does not involve counting or totalling votes for any candidate for election or for or against any proposal in a poll. Counting of votes can only commence for the first count after the close of voting.
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5.4 It is permissible for a candidate in the case of an election, and for 10 electors in the case of a poll, to appoint more than one scrutineer. However, only one scrutineer for any candidate can be present at the same place to undertake scrutineering duties. The same restriction applies in the case of scrutineers appointed for or against a proposal in a poll (sections 68(4) and 91(3) LEA).
5.5 It is permissible for scrutineers at any time to leave and return to the undertaking of the roll scrutiny, and after close of voting, the first and second counts. Upon returning to the process, a scrutineer has no power or right to demand the electoral officer to go back for his or her benefit and repeat the activities in relation to voting documents that were dealt with in his or her absence. The same practice will apply if a scrutineer is late for the commencement of any of these processes.
Conduct of scrutineer
5.6 As stated in section 2 of this handbook, the general role of scrutineers is to observe particular procedures at an election or poll to assist the achievement of the principle in the Act of “public confidence in, and public understanding of, local electoral processes”. As the emphasis in relation to the role of scrutineers is on observing, scrutineers must not talk to electoral officials involved in the roll scrutiny, the first or second counts or in any recount. As already stated under paragraph 2.5, if a scrutineer believes that electoral procedures are not being followed he or she should draw the matter to the attention of the electoral officer. It should not be raised with other electoral officials.
5.7 A scrutineer must not seek from the electoral officer or other electoral officials, any progressive voting trends during the first count.
5.8 The scrutiny and the first and second counts are critical processes to the outcome of an election or poll and demand a high level of concentration from electoral officials. Accordingly, it is incumbent upon scrutineers not to distract, annoy, linger close by or talk loudly to one another so as to disrupt or upset any electoral officials.
5.9 In keeping with the needs of electoral staff as explained under paragraph 5.8, scrutineers are not allowed to use nor have mobile phones switched on within the area where scrutiny of the roll, the first or second count, or a recount is being conducted.
5.10 The LEA and LER are silent on the display of any group or organisation affiliation by scrutineers. This handbook therefore adopts the policy which applies to scrutineers at Parliamentary elections. This means that the following items, in group or organisation colours but without its name, emblem, slogan or logo, may be worn on the person or displayed in a vehicle:(a) streamers(b) ribbons(c) rosettes (but see also the special rule about group or organisation lapel badges
below)(d) items of a similar nature.
Group or organisation lapel badges may be worn anywhere on the person. A group or organisation lapel badge is any badge or rosette designed to be worn on the lapel and bearing the group or organisation’s name, emblem, slogan or logo. None of the above items may be displayed on bags or briefcases. A group or organisation will be asked to supply the electoral officer with a sample of its rosette prior to the commencement of the polling period.
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5.11 Scrutineers should also bring their own refreshments. The electoral officer will not provide meals and refreshments for scrutineers.
6 OFFEnCES
6.1 Scrutineers can be present at election and poll processes, which will expose them to returned voting documents and information about voting. While scrutineers are permitted to tell any person the names of persons who have voted, as mentioned in section 4 of this handbook, under the declaration a scrutineer must not directly or indirectly disclose any fact coming to his or her knowledge at the election or poll that he or she is required by the Act or Regulations not to disclose.
6.2 Should a scrutineer break their declaration and disclose information which is prohibited then they are likely to have committed an offence under one or more of the following provisions of the LEA:(a) Section 123, Offences in respect of official documents(b) Section 129, Infringement of secrecy(c) Section 130, Disclosing voting or state of election or poll.
These three sections are reprinted in full in Appendix C. Scrutineers are advised to become familiar with them before they complete their declaration and undertake any scrutineering duties.
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APPEndIx A
Model letter of appointment of scrutineer
TotheElectoralOfficer
(Name of Local Authority)
Address 1
Address 2
I, [name], a candidate for the [name of election] appoint [name] to act as scrutineer at the following election processes .
or
We, [list the names of the 10 electors], being electors of [name of local authority] appoint [name] to act as scrutineer at the following poll processes, at the poll on [name issue]
Delete those election or poll processes below that the scrutineer is not appointed for
1 Scrutiny of the roll
2 Preliminary count
3 Officialcount
4 Recount
Signed ____________________________________________ Candidate Name (or as the case may be), one of the 10 electors
Notes for candidates and electors nominating scrutineers
1 Acopyofthisletterofappointmentmustbegiventotheelectoralofficernolaterthan24 hours before the close of voting (i .e . by 12 noon Friday, 7 October 2016) .
2 Scrutineers should carry this letter at all times when undertaking their scrutineering duties .
3 At any of the election processes only one scrutineer for each candidate may be present at any one time . The same limitation also applies in the case of scrutineers for a poll .
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APPEndIx B
declaration by scrutineers
I, ___________________________________________________ (Name)
___________________________________________________ (Address)
___________________________________________________ (Occupation)
solemnly and sincerely declare that
(i) Iwillwellandtrulyserveintheofficeofscrutineer:(a) at any election or poll held by the (name of local government area)(b) at any election or poll held in the (name of local government area) on (date)(c) at the (name of election or poll) on (date)
(ii) I am not a person to whom section 68(3)1 of the Local Electoral Act 2001 applies; and
(iii) I will not, directly or indirectly, disclose any fact coming to my knowledge at any election or poll which I am required by the Local Electoral Act 2001 and the Local Electoral Regulations 2001, not to disclose .
Signature: ___________________________________________________
Declared at: ____________________ this ______________ day of ______________ (month
______________ (year)
Before me: ___________________________________________________ * Justice of the Peace or other authorised person
* Delete whichever do not apply
1 No person can be a scrutineer if that person is:• acandidateintheelections;or• amemberoremployeeofanylocalauthorityorcommunityboardforwhomtheelectionorpollisbeingheld;or• under18yearsofage
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APPEndIx C
Main offence provisions in the Local Electoral Act relating to scrutineers
Section 123, Offences in respect of official documents
(1) Every person commits an offence who: (a) intentionallyremoves,obliterates,oraltersanyofficialmarkorofficialwritingon
anyvotingdocument,orotherofficialdocumentusedatanelectionorpoll;(b) intentionallyplacesanymarkorwritingthatmightbemistakenforanofficialmark
orofficialwritingonanyvotingdocument,orotherofficialdocumentusedatanelection or poll;
(c) forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document,orotherofficialdocumentusedatanelectionorpoll,ortheofficialmarkon that document;
(d) supplies, without authority, a voting document to any person;(e) obtains or has possession of any voting document, other than one issued to that
person under this Act or any Regulations made under this Act for the purpose of recording his or her vote, without authority;
(f) intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority .
(2) Every person who commits an offence against subsection (1) is liable on conviction on indictment:(a) inthecaseofanelectoralofficerorotherelectoralofficial,toimprisonmentfora
term not exceeding two years;(b) in the case of any other person, to imprisonment for a term not exceeding six
months .
Section 129, Infringement of secrecy
(1) Everyelectoralofficer,deputyelectoralofficer,andotherelectoralofficial:(a) must maintain and assist in maintaining the secrecy of the voting; and(b) must not communicate to any person, except for a purpose authorised by law, any
information likely to compromise the secrecy of the voting . (2) No person, except as provided by this Act or Regulations made under this Act, may:
(a) interfere with or attempt to interfere with a voter when marking or recording his or her vote; or
(b) attempt to obtain, in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, any information as to any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or
(c) communicate at any time to any person any information obtained in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, as to (i) any candidate for whom, or the proposal for or against which, the voter is about
to vote or has voted, or(ii) any number on a voting document marked or transmitted by the voter .
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(3) Every person present at the counting of votes must:(a) maintain and assist in maintaining the secrecy of the voting; and(b) must not, except as is provided by this Act or Regulations made under this Act,
communicate any information obtained at that counting as to any candidate for whom, or proposal for or against which, any vote is cast by a particular voter .
(4) No person may, directly or indirectly, induce any voter to display or provide access to his or her voting document or any copy of that document after it has been marked or transmitted, so as to make known to any person the name of any candidate for or against whom, or proposal for or against which, the voter has voted .
(5) Every person commits an offence who contravenes or fails to comply with this section .
(6) Every person who commits an offence against subsection (5) is liable on summary conviction to imprisonment for a term not exceeding six months .
Section 130, disclosing voting or state of election or poll
(1) Everyelectoralofficer,deputyelectoralofficer,otherelectoralofficial,JusticeofthePeace,or scrutineer commits an offence who:(a) makes known for what candidate or candidates or for which proposal any particular
voter has voted for or against, except as provided by this Act or Regulations made under this Act; or
(b) before the close of voting, makes known the state of the election or poll or gives or pretends to give any information by which the state of the election or poll may be known .
(2) Subsection(1)(b)doesnotpreventanelectoralofficerfromdisclosingthetotalnumberof voting documents so far returned at an election or poll at any time during the voting period .
(3) A person who commits an offence against subsection (1) is liable on summary conviction toafine:(a) notexceeding$5000foranelectoralofficerordeputyelectoralofficer;(b) not exceeding $2000 for any other person .
Professional excellence in local government
New Zealand Society of Local Government Managers (SOLGM)
8th Floor, Civic Assurance House 114 Lambton Quay, Wellington
PO Box 5538 Wellington 6145
Phone 04 978 1280 Fax 04 978 1285 [email protected] www.solgm.org.nz
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