Hayne
J
9.
Re-count
33
At any time before the declaration of the result of a Senate election the
Australian Electoral Officer for the relevant State or Territory may, on the
written request of any candidate "setting forth the reasons for the request", or of
the officer's own motion, direct or conduct 34 a re-count of the ballot papers
contained in any parcel or in any other category determined by the Australian
Electoral Officer. If the Australian Electoral Officer refuses the request of a
candidate for a re-count, the candidate may, in writing, appeal 35 to the Electoral
Commissioner to direct a re-count. The Electoral Commissioner has a discretion
either to direct a re-count of the ballot papers or to refuse to direct a re-count.
34
Section 279B regulates the conduct of a re-count. It requires 36 the
opening of the sealed parcels of ballot papers which are to be re-counted and the
counting of the votes in the parcels. Section 280 provides that:
"The officer conducting a re-count shall have the same powers as if the
re-count were the scrutiny, and may reverse any decision in relation to the
scrutiny as to the allowance and admission or disallowance and rejection
of any ballot paper."
Section 281 provides, in part, that:
"(1)
The officer conducting a re-count may, and at the request of any
scrutineer shall, reserve any ballot paper for the decision of the
Australian Electoral Officer.
(2)
The Australian Electoral Officer shall decide whether any ballot
paper so reserved is to be allowed and admitted or disallowed and
rejected."
Section 279B(7) requires the Australian Electoral Officer to scrutinise the ballot
papers which are reserved for decision and mark each as "admitted" or "rejected"
according to his or her decision.
The 7 September 2013 election and original scrutiny
35
On 5 August 2013, the Governor-General in Council issued writs for the
election of members of the House of Representatives for the States and
34
s 278(1).
35
s 278(2).
36
s 279B(1).