LOCAL ELECTIONS.

Evening Post, Volume LXVIII, Issue 134, 3 December 1904, Page 2

LOCAL ELECTIONS.

SUMMARY OF THE NEW ACT. The existence of a considerable number of defects in the law providing for the regulation of local elections led to the introduction of a Bill to consolidate and amend the law on the subject, and the outcome was the Lo^cal Elections Act which is now on the Statute Book. A summary of it's main provisions will be of interest. ' The local authority of each district has to appoint a Returning Officer, who, when unable to fulfil his duties, must appoint a substitute. If he fails to do so the local authority will appoint one. No member of the local authority is capable of being appointed or acting as Returning Officer or bis deputy, and the Returning Officer and his deputy are debarred frojn being candidates at an election. I Not less than fourteen days' clear notice must be given by the Returning Officer of an election, and in giving that notice he must fix a date not less than five nor more than seven clear days before the election for the nomination of candidates.^ Nomination papers must be signed by two electors of the district and by the candidate, and must be delivered to the Returning Officer by noon on the day appointed. The names of the candidates so nominated must be posted outside the place at which they are to be received by the Returning Officer, and if the number of candidates is equal to the number of vacancies, he will declare them to be elected. If not the officer must give notice of the day for the poll, the names of the candidates, and the situation of the polling booths. A candidate may retire not later than three clear days before the polling day, and if such retirement reduces the number of candidates to the number of vacancies, the Returning Officer must publicly declare the remaining candidates to be duly elected. Among other machinery provisions it is provided that the voting papers must be of \ uniform colour, and the voter must mark a cross in the square set opposite to the name of the candidate for whom he desires to vote. The hours of polling are to be from 9 a.m. to 6 p.m., but the Governor may, on the application of any local authority, by Order-in-Oouncil gazetted, extend the hour of closing the poll to 7 p.m. Not more than six voters are to be allowed in a polling booth at the same time, and no scrutineer or other official ir unofficial person must speak to any voter in the polling either before or after he has given his vote except the Returning Officer, who may ask the questions he is authorised to put, aud give such general directions as may assist any yoter to vote. Anyone offending against this provision is liable to a fine not exceeding £20, and lie may be at once removed from the booth by order of the Returning Officer. With regard to 'the manner of voting (marking a cross in the square set opposite "the name of the candidate for whom the voter desires to -vote), it is provided that no voting paper shall be rejected as informal that clearly indicates the candidate or candidates for whom the voter intended to vote, whether the indication is made as above prescribed or by striking out the names of the candidate or candidates for whom <&ie voter did not intend to vote. • Both the Returning Officer and the Deputy Returning Officer are made responsible for the safe custody of the ballot papers, and if either is reported by the Court as having failed in this respect, and therefey any voting paper was removed from his custody, he will be liable to a fine not exceeding £50 or to six mouths' imprisonment.

Everyone is liable to two years' imprisonment, with or without hard labour, who wHfully makes a false answer to any question the Returning Officer is authorised to put; who votes or offers to vote more than once at the same election ; ■who personates any person for the purpose of voting ; who puts into the ballot box any voting paper not given him by the Returning Officer; who obtains possession of or has in his possession any voting paper other than the one given him by the Returning Officer for the purpose of recording his vote ; or retains any voting paper in his possession after leaving the polling booth ; who fraudulently abstracts any voting paper that has been put into the ballot box ; or who is ■ guilty of bribery at an election. Any official or other person who makes known the result of the poll before the official declaration, or who makes known for what candidate any voter has voted, is liable to a fine not exceeding £50. With regard to polls other than elections scrutineers may be appointed as follows. — Where the poll is taken by re*, solution of tiie local authority the Chairman may appoint a scrutineer for each or any polling booth ; where the poll is taken pursuant to a petition 'of the electors or ratepayers any five of the petitioners may, by a written requisition delivered to the Returning Officer two clear days before the poll, nominate a scrutineer for each or any polling booth; any five of the electors opposed to the proposal may nominate a scrutineer for each or any polling booth in the same manner. Provision is also made for petitions for enquiry into the result of an election or poll. An enquiry may be demanded within fourteen days after the declaration by any candidate and five electors, or by any ten electors, and the petition for enquiry must be accompanied by a deposit of*£lo. The petition must allege the specific grounds on which the complaint is founded, and only those grounds will be investigated. In the case of an election, however, evidence may be given to prove thafc the election of any rejected candidate would be invalid, and in the case of a poll, evidence may he given to prove that some proposal other than that declared to be carried ■was carried and not rejected, or was rejected and not carried. Any candidate in the case of an election, or any six electors in the case of a poll,/- may oppose the petition. The enquiry must be commenced within fourteen days after the filing of the petition, and at least seven days' public notice must be given of the time and place at which the enquiry will be held. The duty of the Magistrate is to determine whether the election or poll is void by reason of some irregularity that in his opinion materially affected the result ; whether the candidate whose election is complained of, or any and what other candidate, was duly elected; or whether, in the case of a poll, any and what proposal Avas duly carried. Where the Magistrate is of opinion thafc any irregularity has been wilfully committed by any person he must direct the chief officer of police in the district to take proceedings for the prosecution of such person, and the penalty on conviction varies from a fine of £100 to £5, according to whether the irregularity materially affected the result or not. The Magistrate may order the expenses of the enquiry to be borne by either party, or by the Returning Officer., or other official where the election pr poll is declared void on the ground of such official's neglect.' . Where an election or poll is declared void a fresh election or poll will be held not later than twenty-five days after the date of such declaration. The decision of the Court of Enquiry is final and conclusive.