7.1 Preliminary results – election night

After the polling place closes at 7.00pm on polling day and all voters have left, the manager of every polling place will carry out the preliminary count of general election votes in the presence of scrutineers and polling place officials.

The ballot boxes are opened and the ballot papers, party votes and electorate votes are counted. The result is phoned in to the Returning Officer and it is then input into the Electoral Commission’s National Election Results System. Results are displayed in real time on www. electionresults.govt.nz and at the same time are fed to television and radio media. The Electoral Commission’s target is to have 50% of polling place results available by 10.00pm on election night and 100% of polling place results available by 11.30pm.

Referendum voting papers will not be counted in polling places. The referendum ballot boxes will be opened and checked for parliamentary papers, then sealed and returned to the Returning Officer to be counted during the Official Count. However, advance referendum votes will be counted and preliminary results reported on election night (see paragraph 7.2 below).

Special votes cast in polling places are also not opened and must wait for the Official Count.

7.2 Advance votes

Advance voting for the general election and referendum will start on 9 November 2011. Advance votes (other than advance special votes) may be counted from 2:00pm onwards on polling day at the Returning Officer’s headquarters if the Returning Officer can provide appropriate security.

The counts will be undertaken in separate secure areas. Officials and scrutineers in the secure area for the advance early count of general election votes must stay there until 7.00pm.

Scrutineers will not be appointed for the early count of advance referendum votes. A Justice of the Peace will observe the count.

The Electoral Commission’s target is to have advance vote results for the general election and referendum available by 8.30pm.

7.3 Official results for General Election and Referendum

The official results are compiled in the Returning Officer’s headquarters by following a logical and meticulous process which starts the day after polling day. Electoral rolls are scrutinised to identify voters who have voted more than once, and to compile a list of all people who have

voted (the Master Roll). All parliamentary votes counted on election night are recounted and checked to ensure accuracy.

The Returning Officer checks the validity of all special vote declaration forms and the names of special voters against the electoral rolls and the list of late enrolments for the district. If the special voter is eligible to make a special vote and the voter’s name is found the vote will be counted. The party and referendum votes of enrolled voters who voted on the wrong voting papers are also included in the count.

If a name cannot be found, the declaration form is forwarded to the Registrar of Electors to check the voting qualification of the special voter. If the Registrar can confirm that the voter is enrolled in the electorate, the vote will be counted.

The official results process will start on 27 November 2011 (the Sunday after polling day) but cannot be completed until after 6 December 2011 (the last legal day for receiving special votes from other electorates and Returning Officers overseas).

7.4 Declaration of official results

The Electoral Commission expects to publish the official results for the general election and referendum on about 10 December 2011 (14 days after polling day) by notice in the Gazette. The results will also be available at www.electionsresults.govt.nz

7.5 Judicial recounts

After the declaration of the official results electorate candidates can apply to a District Court Judge for a recount of the electorate vote.

The application to the Court must be:

• made within three working days of the declaration of the result, and
• accompanied by a deposit of $1,000 (inclusive of GST).

If you wish to seek a recount, the Electoral Commission will provide you with information on the process to be followed.

Only party secretaries may apply for a recount of the party vote. For more information see Party Secretary Handbook – 2011 General Election and Referendum issued by the Electoral Commission. There is no provision for a recount of referendum votes.

7.6 Election of list candidates

The Electoral Commission determines which list candidates are elected using a statutory formula, after the results of any electorate recounts have been declared and the writ has been returned to the Clerk of the House with the names of the successful electorate candidates endorsed on the back of the writ. The writ is the written notice from the Governor-General instructing the Electoral Commission to arrange for the conduct of a Parliamentary election.

The Electoral Commission publishes a notice in the Gazette to declare the election of list candidates.

The Electoral Commission expects to make this declaration on 15 December 2011 (19 days after polling day), subject to any recount applications.

7.7 Election petitions

The only way to challenge the election of an electorate candidate is by election petition. A petition may be brought by a voter or a candidate and is heard by three High Court Judges. It must be brought within 28 days of the Electoral Commission declaring the official results.

Only the party secretary of a party contesting the party vote can challenge the election of list candidates. To do this, they bring a petition to the Court of Appeal.

7.8 Referendum petitions

The only way to challenge the result of the referendum is by referendum petition. A petition may be brought by a group of 6 or more electors and is heard by three High Court Judges. It must be brought within 28 days of the Electoral Commission declaring the official results.