Returning officer

In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.

Australia

In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office full-time, and oversees elections in their division, or an employee of a private firm which carries out elections and/or ballots in the private and/or public sectors, or anyone who carries out any election and/or ballot for any group or groups.

Canada

In Canada, the returning officer of an electoral district is appointed for a ten year term by the Chief Electoral Officer. The returning officer is responsible for handling the electoral process in the riding,^[1] and updating the National Register of Electors with current information about voters in the electoral district to which they are appointed.^[2] Before enactment of the Canada Elections Act in 2000, in the case of a tie between the two leading candidates in an election, the returning officer would cast the deciding vote.^[3] Since 2000, a tie between two leading candidates automatically results in a by-election.^[4]

The provinces and territories of Canada each have their own returning officers.

Germany

Germany has a Federal Returning Officer and a returning officer in each State.

Hong Kong

In Hong Kong, the returning officer is usually an administrative officer^[5] of the government.^[6]

Ireland

In the Republic of Ireland, the post of Returning Officer in Dublin is held by the City Sheriff, and in other constituencies by the City or County Manager — the chief administrative officer of the local authority.

United Kingdom

General elections

In England and Wales the post of returning officer for general elections is an honorary one, held by the high sheriff of the county for a county constituency or the mayor or chairman of the local council for a borough constituency. If a constituency overlaps district and county borders, the returning officer is designated by the Secretary of State for Justice.

In practice, the task of conducting the election is delegated to an acting returning officer, who is usually a senior officer in the local authority (the only duties which can be reserved and undertaken by the returning officer are related to the receipt of the writ and the declaration of the result^[7], and only if written notice is given by the returning officer to the acting returning officer^[8]). In an English or Welsh constituency where the returning officer is the chairman of the local council or borough council respectively, the Electoral Registration Officer is automatically the acting returning officer. In an English or Welsh constituency where the high sheriff or mayor is returning officer, the acting returning officer is designated by the Secretary of State for Justice.

In Scotland, there is no office of acting returning officer and the position of returning officer is not an honorary one. The returning officer for general elections is the same person who has been appointed returning officer for the election of councillors in the local authority in which the constituency is situated. If a constituency covers more than one local authority area, the Secretary of State for Justice designates which local authority returning officer will discharge the function.

In Northern Ireland, the Chief Electoral Officer acts as the returning officer.^[9]

Returning officers normally announce the results after the count in the following manner:

I, name, the Acting Returning Officer for the name of seat, hereby give notice that the total number of votes given for each candidate at the election of date was as follows, list of candidates and the number of votes received. And that name of winning candidate(s) has been duly elected to name of democratic body for name of seat (as name of office).

Local elections

In England, every district council and unitary authority is required to appoint an officer of the council to be the Returning Officer for the election of councillors to their local authority. County councils must also appoint a Returning Officer for the election of councillors within the county.^[10]

In Wales, every county borough council is required to appoint an officer of the council to be the Returning Officer for the election of councillors to the local authority and for the election of councillors for any communities within the principal area.^[11]

References

^ "The Returning Officer". Elections Canada. 21 December, 2006. Retrieved 2009-02-10. {{cite web}}: Check date values in: |date= (help)
^ "Revision of the Lists of Electors". Elections Canada. Retrieved 2011-03-28.
^ "Results, Addition and Recounts—What Happens After Canadians Vote on Federal Election Day" (Press release). Elections Canada. 5 June, 1997. If the two candidates still have the same number of votes after the recount, the returning officer casts the deciding vote. {{cite press release}}: Check date values in: |date= (help)
^ Canada Elections Act ( 2000, c. 9 ), Part 15, section 318
^ "Administrative Officer Grade". Civil Service Bureau, the Government of the Hong Kong Special Administrative Region. Retrieved 7 May 2011.
^ "Appointment of returning officers and assistant returning ofiicers". Electoral Affairs Commission, the Government of the Hong Kong Special Administration Region. Retrieved 7 May 2011.
^ Representation of the People Act 1983, Section 28(2)
^ Representation of the People Act 1983, Section 28(3)
^ Northern Ireland Assembly and local government elections
^ Representation of the People Act 1983, Section 35(1)
^ Representation of the People Act 1983, Section 35(1A)