14Voting

14 Voting

(1) A call centre operator who is satisfied that a registered secure telephone voter is entitled to vote by a secure telephone vote must assist the voter in accordance with the procedures determined under subsection 16(1). (2) In order to vote by a secure telephone vote, the voter must tell the call centre operator how the voter wants the ballot paper to be marked. (3) If, under this section, the voter tells a call centre operator how the voter wants the ballot paper to be marked, a call centre operator must: (a) initial the voter’s ballot paper on the top front; and (b) mark the voter’s ballot paper in accordance with the voter’s instructions; and (c) read the voter’s voting preferences marked on the ballot paper back to the voter; and (d) ask the voter to affirm that the voting preferences marked on the ballot paper are the voter’s voting preferences; and (e) if the voter so affirms—put the voter’s ballot paper in an envelope that is: (i) in the approved form; and (ii) marked with the name of the voter’s Division; and (iii) marked with the voter’s registration number; and (iv) marked with the date on which and time when the voter so affirmed; and place the envelope in a ballot‑box used at the authorised call centre for secure telephone voting. Affirming voting preferences marked on the ballot paper (4) If, after being asked as mentioned in paragraph (3)(d), the voter does not affirm that the voting preferences marked on the ballot paper are the voter’s voting preferences: (a) the ballot paper is taken to be a spoilt ballet paper that has been cancelled under subsection 238(1) or (2) of the Act by the call centre operator who asked the voter as mentioned in paragraph (3)(d) of this section; and (b) the voter may tell a call centre operator how the voter wants a fresh ballot paper to be marked.

Note: For the treatment of a spoilt ballot paper that has been cancelled, see section 238 of the Act.

(5) The voter may request that another call centre operator read back to the voter the voter’s voting preferences marked on the ballot paper. A call centre operator must not do an action referred to in paragraph (3)(d) or (e) until that request has been complied with. Informal voting permitted (6) For the purposes of this section, telling a call centre operator how the voter wants the ballot paper to be marked includes telling the call centre operator that: (a) the voter does not want any preferences marked on the ballot paper; or (b) the voter wants the ballot paper marked in a way that could otherwise result in a ballot paper being informal. Objections (7) A call centre operator must: (a) at the request of a scrutineer, note any objection by the scrutineer: (i) to the right of the voter to vote by a secure telephone vote; or (ii) to the marking of a ballot paper under this section; and (b) keep a record of that note. Offence (8) A call centre operator commits an offence if the call centre operator intentionally contravenes this section.