NSWIn ForceAct
Constitution Further Amendment (Referendum) Act 1930
16Simultaneous poll for referendum and election
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#### 16 Simultaneous poll for referendum and election
16 Simultaneous poll for referendum and election
> Where the day fixed for the taking of the votes for the purposes of a referendum is the same as that fixed for the taking of the poll at an election:
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> > (a) an application for a postal vote certificate and postal ballot-paper or an application or request to vote before polling-day made in respect of the election is a corresponding application or request, as the case may require, in respect of the referendum,
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> > (b) a declaration or certificate which enables an elector to vote under any provision of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066) at the election enables the elector to vote under the corresponding provision at the referendum,
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> > (c) the answers by a person claiming to vote at the election, put to the person pursuant to the [Electoral Act 2017](/view/html/inforce/current/act-2017-066), may be accepted as sufficient to enable the person to vote at the referendum if they are satisfactory as regards the election,
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> > (d) the ballot-papers used for the referendum shall be of a different colour from those used for the election,
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> > (e) a ballot-paper shall not be issued to a person for the referendum unless a ballot-paper is issued to that person for the election,
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> > (f) a ballot-paper used at the referendum shall, if it is required to be placed in an envelope by a voter, be placed in the same envelope as the ballot-paper used at the election,
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> > (g) the copy of the printed roll and the certified copies of rolls in force provided for the purposes of the election shall be used for the purposes of the referendum,
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> > (h) the same polling-booths and ballot-boxes shall be used for the purposes of the referendum and the election, and
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> > (i) a reference in section 207 (Offence of failing to vote) of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066) to an election is taken to be a reference to the election and the referendum, and the Electoral Commissioner is not, under section 259 (Penalty notices for offence of failing to vote) of that Act, to send more than one penalty notice to the same elector.
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> **s 16:** Subst 1978 No 45, Sch 1 (8). Am 1981 No 97, Sch 1 (2); 2017 No 66, Sch 8.5 \[3\] \[4\].