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Auckland Star, Volume LIX, Issue 302, 21 December 1928, Page 5

PUBLIC NOTICES. JN THB ELECTION COURT UNDER THE ELECTORAL ACT, 1927, ELECTION FOR BAY OF ISLANDS ELECTORAL DISTRICT HOLDEN ON THE 14TH DAT OF NOVEMBER, 1928. To H i? ? ei »or the Chief Justice of New /.paland. THE PETITION of JOHN WILLIAM MeAULAY of Okaihau, Farmer, whose name is subscribed. %th ? OU « R PETITIONER, John William McAulay Iβ a person who voted and had a right to vote at the above election. 2 TOUR PETITIONER states that the election was hold«n on the 14th day of November, 1928, when ALLEN BELL, ROBERT EDWARD HORNBLOW, and * HAROLD MONTAGUE RUSH WORTH were candidates, and the Returning Officer £•■ returned the said HAROLD MONTAGUE RUSHWORTH as being duly elected. 3. YOUR PETITIONER says: (a) THAT two persons voted for the candidate ALLEN BELL by striking out on the ballot paper the three printed names of the candidates and by writing the name "Bell" on the respective ballot papers, and the said votes were not (as they should have been) allowed to the said Allen Bell at the Magisterial Recount of votes, held pursuant to the provisions of Section 151, of The Electoral Act, 1027. (b) THAT another voter crossed out the three printed names on his ballot paper, and wrote the word "Bell" thereon, and such vote was improperly disallowed to the said Allen B4U by the Magistrate on the said Recount. (c) THAT another voter struck out the names of the said Robert Edward Hornblow and Harold Montague Rusbwortb on his ballot paper, leaving the name Allen Bell undefaced, but placed certain numerals on the said ballot paper and the said Magistrate improperly disallowed the said vote to the said Allen Bell at the said Recount. (d) THAT one, Beatrice Eleanor Elliott (number one Roll 8829), duly recorded her vote at the Kaitaia Polling Booth, and at the same Booth, one Beatrice Myrtle Elliott, of Kaitaia, Spinster, whose name did not appear on the said Roll, also voted thereunder under the said Number 8829, and that both the said votes were improperly allowed at the said Magisterial Recount, and the Petitioner claims that the vote cast by the said Beatrice Myrtle Elliott is invalid and should be disallowed. (e) THAT six voters, being on the date of the Election, ill and infirm and in-' mates of the Kawakawa Hospital, voted by postal ballot paper, that the said six ballot papers were improperly disallowed at the sold Magisterial Rer count upon the ground that the postal vote certificates relative thereto were not witnessed by an authorised person within the meaning of Regulation 7, Clause 1 of Regulations made under the Electoral Act, 1927, on the 24th day of April, 1928. (f) THAT , the votes of the following pereons were improperly allowed, and should be disallowed upon the ground that they were either Maoris of the full blood or more than half-caste Maoris and possessed no voting qualification. No. on Roll Name, address and occupation, as shown on Roll. 8662 MARY CASH, of Okathau, Married. 8663 TOM CASH, of Okaihau, Labourer. (g) THAT Richard Moon Jenkins, of Mongonui, Retired, whose number on the 801 l was 3568, purported to vote at the said election in pursuance of the provisions of Section 139 of the said Act, relating to Absent Voters, whereas In fact he had at the time when he so voted lost his qualification for registration as an elector of the said District. (h) THAT the Returning Officer in contravention of Regulation 7, sub-clause 21, of the said Regulations made on the 24th day of April, 1928, refused to allow the scrutineer of the said Allen Bell to count and inspect the postal vote certificates and postal ballot papers for the purpose of enabling him to compare the signature of each elector on his postal Vote certificate, with his signature on the application for the certificate, notwithstanding a request to that effect made by the said scrutineer. (i) THAT on the completion ot the scrutiny directed by Section 145 of the Electoral Act, 1927, the Returning Officer failed to ensure the presence of a Justice, and to request a Justice to attend as required by Section 149 of the said Act. (j) THAT the Returning Oflicer failed to ensure as required by Section 149, subsection (2) (c) of the said Act that the endorsement thereby required should be signed by a Justice. (k) THAT the Returning Officer failed to comply with the provisions of Section 149, Subsection 5, of the said Act, in that he did not ensure that a Justice should be in attendance for the purpose* provided by the said Section, and that such Justice should sign a certificate stating the total number of ballot papers used at the said election, and the Returning Oflicer, if any such certificate were signed, failed to preserve the same for production when required. (1) THAT on the 30th day of November, 1928, a recount of the votes received by each candidate at the election was made in alleged pursuance of Section 151 of the said Act by J. H. Luzford, Esq., a Stipendiary Magistrate, and the provisions of Section 152, sub-section (1), of the Mid Act were not observed, inasmuch a* the Returning Officer did not produce to the Magistrate, the Certificate mentioned In Section 149 of the said Act, statin? the total number of ballot papers used at the said election.

(m) THAT at the said election tbe Returning Officer issued an absentee voter's ballot paper to an alleged elector as a result of such elector having furnished him with a "Notice to Enrol", received by such elector from tbe Registrar of Electors, that the said Ballot Paper was used at tbe said election, that the said Ballot Paper bore no consecutive number, that at the said .Magisterial Recount the Magistrate was unable to trace the said Ballot Paper or to extract tbe same from the parcel of valid absentee votes, and that the said Ballot Paper was wrongfully included among tbt valid absentee votes cast at tbe said election. (n) THAT immediately after the closing of the poll the said Returning Officer counted 95 postal votes as having been cast, whereas at tbe Magisterial Recount only S4 postal ballot papers were produced and counted, one postal ballot paper thus having been lost. (o) THAT the Magistrate at the Magisterial recount Improperly held that three votes were cast in favour of the said Harold Montague Rusbworth, such ballot papers being marked as follows: — BELL RUSHWORTH WWWW» HORNBLOW (p) THAT the votes of Charles John Herbert, of Okaihau, Railway Guard (Number 9089 on the Roll), and Margaret Herbert, of Okaihau, Married »^ m e»«°JS' were Improperly allowed, and that the said persons were not entitled to be enrolled as electors in tbe said District, for the reason that neither of them was for at least three months resident in tbe said District Immediately preceding the date of their respective applications for registration. (4) THAT in the case of 17 booths or thereabouts, the Deputy Returning Officers of such booths failed to comply with the provisions of Section 144 ot tbe Electoral Act, 1927, Inasmuch as they did not deliver to tbe Returning Officer a list of the total number of votes received by each candidate, nor an account of the ballot papers used at such booths. (r) THAT two applications for absent voters ballot papers (consecutive numbers 276 and 276 respectively) were not substantially In the form prescribed by Regulation 8, Sub-clause 6, of the said regulations, that votes were cast in respect of such applications, and that such votes were improper!} , allowed as good. (s) THAT an application for an absent voter's ballot paper (consecutive number 378), waa made and granted, and