June 25.] THE NEW ZEALAND GAZETTE. 1837

In all other cases the Returning Officer shall, as soon as the nominations are closed, prepare and post to each elector at his address as appearing on the roll a printed voting-paper containing in alphabetical order of surnames a list of all the duly nominated candidates for whom such parent is entitled to vote; and such voting-paper shall be in the form or to the effect following:—

Voting-paper for use at election to be held on the day of , 19 , of member of the Napier Secondary Education Board.

CANDIDATES.

[Set out in alphabetical order of surnames the full name of every duly nominated candidate.]

DIRECTIONS.

The number of candidates to be elected is [Specify the number].

The voter must draw a line through the name of every candidate for whom he does not intend to vote.

The number of candidates whose names are left uncancelled must not exceed .

The voting-paper must be posted or delivered to the Returning Officer in a closed envelope bearing on the outside the word “Voting-paper,” and on the inside of the flap of the envelope the signature of the voter. If posted to the Returning Officer it must be posted on or before the day of election, and, if delivered to him, must be delivered at his office, Street, , before the day of election, or not later than 5 o’clock in the afternoon of that day.

(10) When posting the voting-papers to the several voters the Returning Officer shall enclose with each voting-paper an addressed envelope for the return of the voting-paper, with a place marked on the inside of the flap for the signature of the voter.

(11) The poll shall close at 5 o’clock on the afternoon of the day of election; but all voting-papers shall be included and counted which are not informal and are received by the Returning Officer in due course of post before the close of the seventh day after the day of the election.

(12) A voting-paper shall be informal in any of the following cases, that is to say,—

(a) If the elector votes more than once at the same election;
(b) If the candidates whose names are left uncancelled exceed in number the total number of candidates for whom the person is entitled to vote;
(c) If in any other way the paper fails to indicate clearly for whom the vote is intended to be given;
(d) If, being delivered to the Returning Officer, the sealed envelope containing the voting-paper is not delivered at his office before the close of the poll; or
(e) If, having been forwarded by post, the sealed envelope containing the voting-paper is not received at the office of the Returning Officer before the close of the seventh day after the day of election, or if, from the post-mark on the envelope or otherwise, the Returning Officer is satisfied that it was not posted until after the day of the election;
(f) If it does not bear the official mark and there is reasonable cause to believe that it was not issued to the voter by the Returning Officer;
(g) If the voter fails to sign his name on the inside of the flap of the envelope.

The Returning Officer shall decide whether a voting-paper is invalid or informal whether by reason of the time of receipt or delivery or by reason of the fact that the voter’s intention is not indicated, or for any other reason, and his decision shall be final.

(13) On the eighth day after the day of election the Returning Officer shall open and examine all voting-papers duly delivered to him or received by him through the post as aforesaid, and, after rejecting all informal voting-papers, shall ascertain the candidates (not exceeding the total number to be elected) who have received the greatest number of votes, and shall declare such candidates to be elected.

(14) If, by reason of an equality of votes given for two or more candidates, the election is not complete, the Returning Officer shall decide by lot, in the presence of two members of the Board, which candidate or candidates shall be elected, and thereby complete the election.

(15) (a) Each candidate may, by writing under his hand, appoint one scrutineer, who may be present at the examination of the voting-papers and the counting of the votes by the Returning Officer.

(b) The Returning Officer shall, immediately after counting the votes, seal up all voting-papers, and transmit the whole to the Clerk of the nearest Magistrate’s Court, who shall keep the same for six months thereafter, and shall not open or permit to be opened such packet except on the order of some Court of competent jurisdiction, and shall at the end of six months effectually destroy the same.

(16) (a) Forthwith after the completion of the election the Returning Officer shall, by notice exhibited on the outside of the office of the Board, notify the names of the persons elected, the number of valid votes recorded for each candidate, and the total number of votes rejected as informal, and shall notify to the Board and to the Minister the names of the persons elected.

(b) The Returning Officer and every scrutineer shall be required faithfully and impartially to perform the duties of their offices, and shall not directly or indirectly make known the state of the poll or give or pretend to give any information by which the state of the poll may be known before the final declaration thereof by the Returning Officer, or make known for which candidate any voter has voted, or communicate to any person any information likely to defeat the secrecy of the ballot.

(17) If a candidate informs the Returning Officer in writing, not later than three clear days before the polling-day, that he retires from the election, the Returning Officer shall give public notice thereof; and if by such retirement the number of candidates is reduced to the number of vacancies to be filled, the Returning Officer shall publicly declare the remaining candidates to be duly elected; but if the said number of candidates is not so reduced the poll shall proceed, but the person so retiring shall not be capable of being elected.

(18) The Returning Officer shall be the sole and absolute judge of the regularity and propriety of all matters connected with an election, and no election shall be called in question on the ground that a voting-paper or an addressed envelope was not posted to any elector, or that a voting-paper from any elector was not received by the Returning Officer, or that a voting-paper prepared by the Returning Officer was irregular in form, or that any vote was irregularly cast, or that any votes were wrongly computed, or that any other irregularity occurred in connection with the election, unless in the opinion of the Returning Officer (whose decision shall be final) such irregularity materially affected the result of the election or occurred otherwise than in good faith.

ELECTION OF REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES.

6. (1) The Board shall, by and through its Secretary, register such associations of employers in local industries and such associations of employees in local industries as may be recognized thereto by the Minister.

(2) The registers of such associations shall severally be closed at noon on the fourteenth day before the day of the election.

7. (1) The member to be elected by the registered associations of employers in local industries shall be elected by an electing committee appointed when required.

(2) Registered associations of employers shall each be entitled to appoint one member of the electing committee for employers.

(3) The names and addresses of persons appointed as members of such electing committee shall be forwarded by the registered associations concerned to the Returning Officer before noon on the fourteenth day before the day of the election.

(4) Such electing committee shall meet on the day fixed for the election, and shall elect, on behalf of the associations of employers, two members in such manner as it shall deem fit, provided that no member of the electing committee shall exercise more than one vote in respect of each of two candidates excepting the Chairman, who shall exercise a casting-vote in addition to his ordinary vote, in any case where such a vote is necessary to determine the election.

(5) The meeting of the electing committee shall be convened by the Returning Officer who shall act as Secretary to the Committee in person or by deputy.

(6) The name of the member so elected shall be notified forthwith to the Minister and to the Board by writing under the hand of the Returning Officer.

8. The provisions of Regulation 7 hereof shall apply, mutatis mutandis, to the election of a member by associations of employees in local industries.

9. If any dispute or question arises touching the regularity of any election, such dispute or question shall be determined by the Minister, whose decision shall be final.

10. (1) One third of the number of Governors appointed or elected in accordance with these regulations shall retire annually on the 31st May, provided that the first such retirement shall take place on the 31st May, 1935.

(2) Four Governors chosen by lot shall retire on the 31st May, 1935, four similarly chosen from the remaining nine original members shall retire on the 31st May, 1936, and the remaining five original members on the 31st May, 1937, and so on thereafter in rotation.