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Scrutineers

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Role of a scrutineer

Scrutineers play an important role in the election process.

They represent candidates and political parties, to observe election processes to see that rules are followed fairly and impartially. 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. Any concern a scrutineer has about the conduct of the election can be raised with the election official in charge at the relevant location, or with the 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.

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 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.

The following arrangements will apply for the number of scrutineers who may attend at the following locations and observe the following tasks:

Location

Task

Number of scrutineers

Election Manager's office

LA first preference count

*One per candidate per counting point

LA two-candidates preferred count

LA data entry process

Early voting centres

Issuing early votes

One per candidate

Declared facility

Issuing declared facility votes

One per candidate

Voting centres

Issuing ordinary votes between 8am–6pm

One per candidate

Issuing declaration votes between 8am–6pm

Observe counting of votes after 6pm

*One per candidate per counting point

Election Manager's office

Scrutiny of declaration envelopes, including postal vote certificates

*One per candidate per scrutiny point

Ballot paper initial counts and data entry process

*One per candidate per counting point

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