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GUIDE TO RETURNING OFFICERS IN THE CONDUCT OF ELECTIONS. INTRODUCTION. Returning Officer (RO) and Assistant Returning Officers (AROs) are appointed in terms of section 4 of Electoral Act Most senior officer and overseer in the electoral process
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INTRODUCTION • Returning Officer (RO) and Assistant Returning Officers (AROs) are appointed in terms of section 4 of Electoral Act • Most senior officer and overseer in the electoral process • Responsibilities start at nomination time through to delivery of election materials to High Court. • Thorough knowledge of the process is essential as he will be called to resolve issues when there is uncertainty between poll staff and candidates/agents. • Correct application of the electoral law.
BEFORE POLLING DAY • All equipment consisting of various item of stationery, ballot boxes, booths ballot papers etc will be issued by the RO. • Emphasis on their safety. POLLING HOURS (50) • Poll shall commence at 0630 hrs and close at 1900 hrs with a provision of extension of not more than 2 hours.
ARRANGEMENT AT POLLING STATIONS (S52) • ROs must ensure that the arrangement at polling stations is maintained in accordance with the law. ADJOURNMENT OF POLL (S65) • Once notified of an adjournment, ROs must reach the affected polling station as soon as practicably possible and notify the Secretary
COUNTING AGENTS (S68) • Each candidate may appoint not more than TWO persons to be his Counting Agents and attend at the counting centre. • Notice of appointment, in writing, stating names and addresses of the agents shall be given to the RO by the candidate on polling day. • A candidate may replace a counting agent and notify the RO in writing, stating the names and addresses of the counting agent so appointed.
COUNTING OF VOTES (S69) • The following are allowed at the counting centre; • Returning Officer • Assistant Returning Officers • Candidate and spouse • Election Agent (S82) • Counting Agents • Any other person will be present at the discretion of the RO • No person is allowed to copy the serial number of any ballot paper they see during counting.
PROPOSED SITTING ARRANGEMENT Public R.O. 1.5m Candidates/Agents Ballot boxes
VERIFICATION OF BALLOT PAPER ACCOUNT (70) • The RO shall verify the ballot paper account of each polling station as and when its ballot box arrives. • Open the sealed packet containing; • Unused ballot papers • Spoilt and cancelled ballot papers • Determine the number of ballot papers in the ballot box by counting. • RO shall prepare a statement of the result of verification at the back of Form U. • Return unused/spoilt/cancelled papers to their packets and reseal.
VERIFICATION OF BALLOT PAPER ACCOUNT (70) • When he has verified for all the polling stations, the RO shall mix together the ballot papers from ALL the ballot boxes and start counting. METHOD OF COUNTING (S71) • The RO shall then open every ballot paper and sort the according to the parties/candidates. • Tendered ballot papers would not be opened but collected in a separate receptacle.
METHOD OF COUNTING (S71) • RO shall endorse the word “rejected” on any ballot paper rejected; • Writings eg. Names, words • More than one party voted • Overlapping marks • Marks outside party boundaries • Acceptable ballot papers; • Intention of the voter • Tick, cross, dot, line, multiple marks on one party • Candidates/agents may object to a decision made by RO on the ballot paper and RO shall endorse the word “objected to” on it.
METHOD OF COUNTING (S71) • The RO shall then count the ballot papers in favour of each candidate and record the results in the result form, Form T, which he shall sign and any other counting agent willing to do so. • Ballot papers must be kept facing upwards. STATEMENT OF REJECTED B/PAPERS (S72) • RO shall prepare a statement of rejected ballot papers, in annexure H, showing serial number and reason for rejection. Candidates/ agents may copy it.
DECISION OF RETURNING OFFICER (S73) • Decision of RO in relation to any ballot paper shall be final DEALING WITH BALLOT PAPERS (S74) • Make into separate packets; • Counted b/papers • Rejected b/papers • Tendered b/papers • RO shall not open; • Packet containing marked election roll • Packet containing the tendered votes list
RECOUNT (S75) • Candidates/agents may ask for a recount and RO may refuse if he finds the request unreasonable EQUALITY OF VOTES (S76) • In case of a tie of votes between the leading candidates, a fresh election will be held at a later date.
DECLARATION OF RESULTS (S77) • After ascertaining the results, the RO shall; • certify by endorsing on the writ the return of the elected candidate • declare the result of the poll by reading out aloud the endorsement • return the writ to the Secretary, together with copy of Form T DOCUMENTS TO HIGH COURT (S78) • All ballot papers, tendered votes list, marked copy of election roll, Form U, annexure H and Form T shall be delivered to the Registrar of High Court.
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