A RECOUNT

Press, Volume LXI, Issue 18546, 23 November 1925, Page 8

A RECOUNT

IN LYTTELTON SEAT. MR M'COMBS'S APPLICATION. As was Very generally expected, a magisterial recount has been applied for of the votes cast in the recent poll for the election of a member to represent Lyttelton in Parliamont. On Saturday morning, Mr J. McCombs, the defeated candidate, filed an application under Section 14" of the Legislature Act, 190S, for a recount bv a Magistrate of the v** 63 cast at'the recent election, and deposited £2O as required by the Act. Mr McCombs also made the following declaration: "1 have reason to believe that the- declaration made by the returning officer of the number of votes received by each candidate is incorrect, and that on a recount, I. and not M. E. Lyons, will be declared elected '' # Mr H. A. Young, S.M., will make the recount on a date and at a place of whieh at least two days' publio notice will be given. Both candidates are allowed scrutineers and any matter in doubt is referred to the 'Magistrate whose decision is final. The proceedings at the recount will be watched on behalf of Mr Lyons by Mr M. J. Gresson and Mr A. T. Donnelly. The manner in which the recount is 'to be made is set out in subsection (4) of section 147. It provides that "the recount shall be made in the presence of the Magistrate, or of an officer appointed by him for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count, and the provision of Section 136 thereof relating to the secrecy of the ballot shall •• apply to such recount." If the result of the recount is that the public declaration was incorrect The Magistrate orders the returning officer to give an amended public declaration, and the candidate found to have received the higher number of votes is declared elected.