Scrutineers

Role of a Scrutineer

Scrutineers play an important role in the election process.

They represent the interests of candidates and registered political parties and advise them on the procedures being followed by the NSW Electoral Commission head office, the Election Manager and election officials. Their role is to satisfy the candidates that the election process is carried out fairly, impartially and with integrity.

A Scrutineer’s presence provides an additional level of assurance to political participants and the public regarding the integrity of the election process.

Rights of a Scrutineer

Scrutineers have the right to observe all stages of voting, scrutiny of declaration envelopes and counting. They can question the formality of ballot papers, or raise other concerns they may have about the conduct of the election either with the Voting Centre Manager, Election Manager or NSW Electoral Commission head office, as appropriate.

Who appoints scrutineers?

Scrutineers may be appointed by:

• a registered political party;
• each Legislative Assembly candidate for the district;
• each Legislative Council group, noting that only the candidate listed first in the group on the Legislative Council ballot paper can appoint Scrutineer's on behalf of the group; or
• each Legislative Council ungrouped candidate.

Who can and cannot be appointed a Scrutineer?

To be appointed as a Scrutineer, a person must be on the NSW electoral roll and be at least 18 years old. The SE.213 Scrutineer appointment form details who can be appointed as a Scrutineer.

Scrutineer appointment

The SE.213 Scrutineer appointment form is available from:

• the forms section of the website
• the NSW Electoral Commission candidate helpdesk, telephone 1300 022 011;
• the Election Manager; or
• the Voting Centre Manager on election day.

The SE.213 Scrutineer appointment form must be:

• signed by the person appointing the scrutineer (a signature stamp is acceptable);
• signed by the scrutineer in the presence of the Voting Centre Manager, Election Manager, or other election official, at the location where they intend to act as a scrutineer; and
• signed by the scrutineer on each subsequent day that they are in attendance.

What scrutineers can do

Scrutineers can:

• inspect ballot boxes before the commencement of voting;
• be present when an elector who requires assistance has their ballot papers marked by an election official;
• witness the opening/closing of a voting centre or early voting centre;
• observe the scrutiny of postal vote certificates and other declaration vote envelopes at the centralised count centre(s);
• observe the opening and extraction of ballot papers from postal vote envelopes, and other declaration vote envelopes, at the centralised count centre(s)
• observe all ballot paper counting, both manual and data entry (as applicable), in a voting centre, the Election Manager’s office or the centralised count centre(s), but not in such a manner as to cause unnecessary delays;
• object to the formality of a ballot paper;
• countersign forms as required by election officials;
• enter and leave the voting centre, early voting centre, declared facility, Election Manager’s office, or centralised count centre(s) at any time and be replaced by another properly appointed scrutineer.

What scrutineers cannot do

Scrutineers cannot:

• interfere with, or attempt to influence, any elector within a voting centre, early voting centre or declared facility;
• either directly or indirectly, divulge or communicate any information with respect to the vote of an elector acquired in the performance of their duties or functions in a manner that is likely to enable the identification of an elector;
• distribute electoral material when accompanying election officials on declared facility visits;
• obstruct the access or approaches to a voting centre, early voting centre or declared facility;
• ignore lawful directions of the Election Manager, election official or NSW Electoral Commission head office staff;
• communicate with any person in a voting centre, early voting centre, declared facility or centralised count centre(s), except as is necessary in the discharge of their duties;
• assist an elector to vote or mark an electoral paper on behalf of an elector;
• handle or touch ballot papers or declaration envelopes.

Use of mobile phones or other electronic equipment

Scrutineers cannot use mobile phones or other electronic equipment to film or record processes inside a voting centre, early voting centre, declared facility, Election Manager’s office or centralised count centre(s).

Scrutineers may use mobile phones inside one of these locations to talk to, or text, another person, as long as the noise level does not interfere with the electoral process being undertaken.

Attendance of scrutineers

Only one scrutineer for each candidate or registered party is entitled under the Electoral Act to be present in a voting centre or ballot counting place at any one time. However, the Electoral Commissioner may permit additional scrutineers.

For the 2023 NSW State election, the following arrangements are proposed for the number of scrutineers who may attend at the following locations and observe the following tasks:

*A counting point, or scrutiny point, might include one or two election officials.