Letter of Appointment of Scrutineer

I (candidate),		
a candidate for the (council/DHB/LT):		
(issue/ward/position):		
appoint (full name):		
to act as scrutineer at the following election processes (delete any not applicable):	

1. Scrutiny of the roll	2. Preliminary Count	3. Official Count	4. Recount	

Signed:		(candidate)	
Notes for candidates:

A copy of this letter of appointment must be given to the electoral officer no later than 24 hours before the close of voting (i.e. by 12 noon Friday 7 October 2016).

Scrutineers should carry this letter at all times when undertaking their scrutineering duties.

At any of the election processes only one scrutineer for each candidate may be present at any one time.	

Offence provisions relating to the conduct of electoral officers, deputy electoral officers and electoral officials

Section 129 Infringement of secrecy

Every electoral officer, deputy electoral officer, and other electoral official–

must maintain and assist in maintaining the secrecy of the voting; and

must not communicate to any person, except for a purpose authorised by law, any information likely to compromise the secrecy of the voting.

No person, except as provided by this Act or regulations made under this Act, may–

interfere with or attempt to interfere with a voter when marking or recording his or her vote; or

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

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–

any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or

any number on a voting document marked or transmitted by the voter.

Every person present at the counting of votes must–

maintain and assist in maintaining the secrecy of the voting; and

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.

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.

Every person commits an offence who contravenes or fails to comply with this section.

Every person who commits an offence against subsection (5) is liable on summary conviction to imprisonment for a term not exceeding 6 months.

Section 130 Disclosing voting or state of election or poll

Every electoral officer, deputy electoral officer, other electoral official, Justice of the Peace, or scrutineer commits an offence who–

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

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.

Subsection (1)(b) does not prevent an electoral officer from disclosing the total number of voting documents so far returned at an election or poll at any time during the voting period.

A person who commits an offence against subsection
is liable on summary conviction to a fine–

not exceeding $5000 for an electoral officer or deputy electoral officer:

not exceeding $2000 for any other person.

Section 131 Penalty for electoral officer, deputy electoral officer, and other electoral officials

Every electoral officer, deputy electoral officer, or other electoral official commits an offence, and is liable on summary conviction to a fine not exceeding $2000, who is guilty of any intentional or reckless act of commission or omission contrary to the provisions of this Act or regulations made under this Act in respect of any election or poll, and for which no other penalty is imposed by this Act or regulations made under this Act.

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