3.1 Introduction

Scrutineers are in most instances appointed by candidates. See our booklet Candidate Handbook – 2011 General Election and Referendum.

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

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

A candidate may not be appointed as a scrutineer.

3.2 Appointment by party secretaries

As party secretary you may appoint scrutineers to observe the conduct of the election in the following circumstances:

• where no electorate candidate is standing for your party in a particular electorate.  (If there is an electorate candidate standing then the candidate appoints the scrutineers).  The number of scrutineers for a party in a polling place at any one time must not exceed the number of issuing officers designated for the polling place.  Scrutineers may only:
  • 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.
• where there is a recount of party votes in either a single electoral district or nationwide.  Only one scrutineer per political party may be present unless the Judge permits more.
• during the allocation of party list seats by the Electoral Commission.  Only one scrutineer per political party may be present unless the Electoral Commission allows more.

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. For further information see our booklet Information for Scrutineers.

3.3 Appointment by electorate candidates

Electorate candidates may appoint scrutineers in the following situations:

• the issue of votes during polling day and the preliminary count in polling places on polling day after 7pm,
• the early count of advance votes in the Returning Officer’s headquarters from 2pm on polling day,
• the checking of special vote declarations at the office of the Registrar of Electors,
• the scrutiny of the rolls at the Returning Officer’s headquarters,
• the official count at the Returning Officer’s headquarters, and
• any judicial recount of electorate votes.

3.4 Appointment by local branch of party

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” before and on polling day.

3.5 Written appointments

Scrutineer appointments must be in writing and be signed by the person making the appointment. 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 or other election process that the scrutineer has been appointed to observe.

3.6 Declarations by 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 a Returning Officer, Justice of the Peace, a solicitor, a polling place manager, or an issuing officer.  Only Returning Officers, Justices of the Peace and solicitors can witness the declaration by scrutineers for the early count of the advance vote.

3.7 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 8.