2.1 Introduction

Scrutineers need to be well briefed on their rights and obligations – in particular that they must not communicate with voters.

A separate booklet, Information for Scrutineers, is available from the Electoral Commission, the Returning Officer, or www.elections.org.nz

A candidate may not be appointed as a scrutineer.

2.2 Role of scrutineers

Candidates may appoint scrutineers to observe the conduct of the election in the following situations:

Polling places

Scrutineers may observe the issue of votes during polling day and the preliminary count in polling places after 7pm. The number of scrutineers for a candidate in a polling place at any one time must not exceed the number of issuing officers designated for the polling place.

Scrutineers may:

• require an issuing officer to question a voter who the scrutineer suspects of impersonation or double voting,
• communicate to party officials the names of persons who have voted in the polling place,
• observe the preliminary count.

Scrutineers must not talk to voters or help with the count.

If scrutineers have any concerns about the conduct of an election in a polling place they should raise them with the polling place manager.

Early count of advance votes

One scrutineer per candidate can attend the early count of advance votes at the Returning Officer’s headquarters which commences at 2pm on polling day. Scrutineers may not leave the secured counting area in the Returning Officer’s headquarters before the poll closes at 7pm without the Returning Officer’s permission.

Special vote declarations

Scrutineers may attend the office of the Registrar of Electors to observe the checking of special vote declarations against the electoral rolls. Only one scrutineer per candidate may attend at any given time.

Scrutiny of the rolls and the official count

One scrutineer per candidate may attend the scrutiny of the rolls and the official count at the Returning Officer’s headquarters unless the Returning Officer allows more.

Judicial recount

Candidates may appoint a scrutineer to attend a judicial recount of electorate votes. The provision is for one scrutineer per candidate unless the Judge allows more.

Hospitals and rest homes

Local party organisations may, with the approval of the person in charge of a hospital or rest home, appoint scrutineers to accompany an electoral official issuing “hospital votes” on or before polling day.

2.3 Appointing scrutineers

Before being allowed to serve as a scrutineer, all scrutineers must make a declaration that they will not compromise the secrecy of the poll. The declaration must be on form E20-S Dec (obtainable from the Returning Officer) and must be made before the Returning Officer, Justice of the Peace, a solicitor, a polling place manager, or an issuing officer. Only the Returning Officer, Justices of the Peace and solicitors can witness the declaration by scrutineers for the early count of the advance vote.

Scrutineer appointments must be in writing and signed by the candidate. Scrutineers should be provided with a copy of their written appointment to produce to electoral officials. The appointment form can be an original, fax or photocopy. It must specify the polling place that the scrutineer has been appointed to. It must also specify if a person is being appointed for the early count, special vote declarations scrutiny and/or the official count.

The Electoral Commission has an optional form that you can use for appointing scrutineers (Scrutineer App-Cand).

2.4 Special voting witnesses

Candidates may nominate people to be authorised by the Returning Officer as witnesses of special voting declarations. These people may then witness the declarations of voters who cannot get to a polling place on polling day.

The Returning Officer may:

• reject a candidate’s nomination but must give reasons for doing so, or
• revoke an approval if the person nominated does not comply with the rules for witnessing special vote declarations.

The Returning Officer will not approve special voting witnesses unless they have been trained to the Returning Officer’s satisfaction. This is to avoid voters being disenfranchised by incorrect procedures.

2.5 The Referendum

The Electoral Referendum Act does not provide for separate scrutineers to be appointed to observe the referendum process in polling places. However, candidate and party scrutineers will be observing the issuing of referendum voting papers because the referendum voting paper will be issued to the voter at the same time as the Parliamentary paper. If scrutineers have any concerns about the referendum voting process they can raise them with the Manager of the Polling Place.

Justices of the Peace will act as independent observers of the early count of advance referendum votes and the official count for the referendum conducted in the Returning Officer’s headquarters. Further information about the process for determining the referendum results can be found in Part 7.