Part 9Voting

Part 9—Voting Division 1—Entitlement to vote 69—Entitlement to vote (1) Subject to this section, a person is entitled to vote at an election if he or she is enrolled for the district in which the election is held. (1a) A person is entitled to vote at an election for a district if the person— (a) is entitled to be enrolled on the electoral roll for the district (other than by way of transfer of enrolment); and (b) after the close of rolls for the election and no later than 6 pm on polling day, makes a claim for enrolment in accordance with section 32. (1b) If, in relation to a person claiming an entitlement to vote under subsection (1a), the district for which the person is entitled to be enrolled as an elector for the purposes of this Act is not able to be determined at the time of the making of the claim, the person is entitled to make a declaration vote for each district for which the person might be entitled to be enrolled, provided that— (a) an electoral registrar must, as soon as reasonably practicable after the making of the claim, determine the district for which the person is entitled to be enrolled as an elector; and (b) the Electoral Commissioner must ensure that any declaration vote made in respect of a district for which the person is not entitled to be enrolled is not accepted in the counting of votes for the purposes of the election. (2) A person is not entitled to vote at an election if— (a) he or she was provisionally enrolled; and (b) he or she has not, as at polling day, attained the age of 18 years. (4) Except as otherwise provided in this Act, the enrolment of a person on a district roll is conclusive evidence of the right of that person to vote at an election for that district. 70—Errors etc in roll not to forfeit entitlement to vote (1) No error or omission in the roll disqualifies an elector from voting. (2) No elector is disqualified from voting under the name appearing in the roll because the elector's name has been changed by marriage. Division 2—General provisions as to voting 71—Manner of voting (1) An elector who is entitled to vote at an election may exercise that vote— (a) by attending at a polling place (including a pre‑polling centre) for the district for which he or she is enrolled and voting in the manner prescribed by this Act; or (ab) by attending at— (i) a pre‑polling centre; or (ii) a polling place on polling day, that is not a pre‑polling centre or polling place for the district for which the elector is enrolled, and voting in the manner prescribed by this Act; or (b) in the case of an elector entitled to do so by virtue of subsection (2)—by making a declaration vote. (1a) However, a person to whom section 69(1a) applies may only exercise their vote by making a declaration vote. (2) An elector— (a) who— (i) attends a pre‑polling centre, or a polling booth at a polling place on polling day, that is not a pre‑polling centre or polling place for the district for which the elector is enrolled; and (ii) cannot exercise their vote in accordance with subsection (1)(ab); or (b) who— (i) will not, throughout the hours of polling on polling day, be within 8 kilometres by the nearest practicable route of any polling booth; or (ii) will, throughout the hours of polling on polling day, be travelling under conditions that preclude voting at a polling booth; or (iii) is, by reason of illness, infirmity or disability, precluded from voting at a polling booth; or (iv) is, by reason of caring for a person who is ill, infirm or disabled, precluded from voting at a polling booth; or (v) is, by reason of advanced pregnancy, precluded from voting at a polling booth; or (vi) is, by reason of membership in a religious order, or religious beliefs, precluded from attending at a polling booth or precluded from voting throughout the hours of polling on polling day or the greater part of those hours; or (vii) is, for a reason of a prescribed nature, precluded from voting at a polling booth; or (ba) who— (i) will be working in his or her employment throughout the hours of polling; and (ii) could not reasonably be expected to be absent from work for the purpose of voting; or (c) who is a resident of a declared institution; or (d) whose name, as a result of an official error, does not appear on the certified list of electors for a district; or (e) who appears from a record erroneously made under this Act to have voted already in the election; or (f) whose address has been suppressed from publication under Part 4 Division 2, is entitled to make a declaration vote. (3) In addition, a person whose name has been removed from the electoral roll by virtue of an objection under Part 5 Division 4 is entitled to make a declaration vote at an election if— (a) the ground for the objection was that the person failed to notify an electoral registrar of a change of address in accordance with the requirements of this Act; and (b) the previous address and the new address are both in the same House of Assembly district. (4) A person who satisfies the requirements of subsection (3) will be taken to be an elector for the purposes of the other provisions of this Act (with respect to the election or elections held on the day in relation to which the entitlement under that subsection arises). 72—Questions to be put to person claiming to vote (1) An authorised officer must, before issuing voting papers to a person who appears personally before him or her claiming to vote, put the following questions to that person: (a) such questions as are necessary to establish the identity and the address of the principal place of residence of the claimant; and (b) the following question: Have you voted before in this election? or Have you voted before in these elections? (as the case requires), and may put such further questions as are necessary to establish whether the claimant is entitled to vote. (2) If a person claiming to vote to whom questions are put under this section— (a) refuses to answer fully any such question; (b) so answers any such question as to indicate that he or she is not entitled to vote, the person's claim to vote must be rejected. 73—Issue of voting papers (1) Voting papers may be issued to an elector claiming to vote by an officer authorised for the purpose. (2) Declaration voting papers must not be issued to an elector (not being a registered declaration voter) except on an application made in the prescribed manner, and such an application must be supported by a written declaration of the ground of the applicant's entitlement to make a declaration vote, which— (a) if the application is made orally—must be made before the officer to whom the application is made; or (b) if the application is made in writing—must be made in the application. (3) When a ballot paper is issued to a voter it must be authenticated— (a) by the initials of the officer by whom it is issued; or (b) by a prescribed mark. (4) An exact record must be kept of all persons to whom ballot papers are issued. 74—Issue of declaration voting papers by post or other means (1) Declaration voting papers must be issued under this section in respect of an election— (a) to any elector who is entitled to vote at the election and is registered on the register of declaration voters maintained under this section; or (b) to an elector who applies for the issue of declaration voting papers in the manner determined by the Electoral Commissioner and within the designated time. (2) An officer who receives an application before the designated time must ensure that they respond to the applicant as soon as practicable after receipt of the application. (2a) Declaration voting papers under subsection (1) or a response under subsection (2) may be issued or dispatched— (a) by post; or (b) in some other manner prescribed by the regulations. (3) If an elector, on application to the Electoral Commissioner, satisfies the Electoral Commissioner that— (a) the elector's address has been suppressed from publication under Part 4 Division 2; or (b) because of— (i) physical disability; or (ii) membership of a religious order or religious beliefs; or (iii) caring for a person who is seriously ill, infirm or disabled, the elector is likely to be precluded from attending at polling booths to vote; or (c) the elector's place of residence is not within 20 kilometres, by the shortest practicable route— (i) of any place likely to be a polling place appointed under this Act; or (ii) of any place likely to constitute the site of a mobile polling booth established under this Act, the Electoral Commissioner may register the elector as a declaration voter. (3a) An application under this section for the issue of declaration voting papers to an elector, or for registration of an elector as a declaration voter, may be made by a person other than the elector if the application is accompanied by a certificate from a medical practitioner, in a form approved by the Electoral Commissioner, certifying that the elector is, because of physical disability, unable to make the application in the prescribed manner. (4) The Electoral Commissioner must maintain a register of electors who are declaration voters containing the following information in relation to each elector: (a) the surname; and (b) the Christian or given names; and (c) other than in the case of an elector whose address has been suppressed from publication under Part 4 Division 2— (i) the address of the principal place of residence; and (ii) if an elector has provided an address to which declaration voting papers are to be issued that is different from the address of the principal place of residence—the address to which the papers are to be issued. (5) The Electoral Commissioner must from time to time revise the register of declaration voters. (6) A person may inspect the register of declaration voters at the office of the Electoral Commissioner and, on payment of a fee to be determined by the Electoral Commissioner, may be given a copy of, or of any part of, the register. (6a) The Electoral Commissioner must, on request, provide (in a form determined by the Electoral Commissioner)— (a) the registered officer of a registered political party with a copy of the information contained in the register in relation to electors in any district; or (b) a person who is a nominated candidate in an election with a copy of the information contained in the register in relation to electors for— (i) in the case of a person who is a candidate in an election for a House of Assembly district—that district; or (ii) in the case of a person who is a candidate in a Legislative Council election—the Legislative Council district. (6b) If a copy of information contained in the register is provided to a person under subsection (6a), a person who uses that copy, or information contained in that copy, for a purpose other than the distribution of matter calculated to affect the result of a State election or purposes related to the holding of such election is guilty of an offence. (7) A person who is given an application by an elector for the issue of declaration voting papers under this section on the basis that the person will deliver the application to the appropriate officer must transmit the application to the appropriate officer as soon as possible. Maximum penalty: $1 250. designated time means— (a) in the case of an applicant who applies for the issue of declaration voting papers to an address within the State—5 pm on the Tuesday immediately preceding polling day; and (b) in any other case—5 pm on the Friday falling 8 days before polling day. 74A—Offence to distribute application form for issue of declaration voting papers (1) A person, other than a person acting under the authority of the Electoral Commissioner, must not distribute, or cause or permit to be distributed, to an elector— (a) a form for, or purporting to be for, the application for the issue of declaration voting papers (an application form); or (b) material containing, or purporting to contain, a link, code or other means by which an elector is able to apply for the issue of declaration voting papers. (1a) It is not an offence against subsection (1) for a person to distribute, or cause or permit to be distributed, an application form if— (a) the form is provided by or under the authority of the Electoral Commissioner; and (b) the form is distributed at— (i) a post office; or (ii) any other place determined by the Electoral Commissioner. distribute an application form or material includes make the form or material available (including in electronic form) to other persons. 75—Fresh ballot paper may be issued where ballot paper spoiled If a person to whom voting papers have been issued satisfies the officer by whom they were issued, or some other officer with authority to issue voting papers, that the voting papers have been inadvertently spoiled, the person is, on delivering up the papers to the officer, entitled to fresh voting papers. Division 3—Indication of vote 76—Method of voting at elections (1) In a Legislative Council election a voter must mark his or her vote on the ballot paper as follows: (a) by placing the number 1 in the square printed opposite the name of the candidate for whom he or she votes as his or her first preference and consecutive numbers in the squares printed opposite the names of other candidates so as to indicate the order of preference for not less than 12 candidates in total (or, if there are 12 or fewer candidates in the election, so as to indicate the order of preference for all remaining candidates); or (b) if the ballot paper contains 1 or more group voting squares—by placing the number 1 in the square that relates to the group of candidates for whom the voter votes as his or her first preference and, if the voter so desires, by placing the number 2 and consecutive numbers in the group voting squares that relate to other groups of candidates in the order of the voter's preference for them (but not so as to be required to indicate a preference for all groups of candidates). (2) In a House of Assembly election, a voter must mark his or her vote on the ballot paper by placing the number 1 in the square opposite the name of the candidate for whom he or she votes as his or her first preference, and consecutive numbers in the squares opposite the names of the remaining candidates so as to indicate the order of preference for all candidates. (3) For the purposes of this Act, where a voter places a tick or a cross on a ballot paper, the tick or cross will be taken to be equivalent to the number 1. Division 4—Voting at polling booths 77—Times and places for polling (1) Polling is to be conducted— (a) at an appointed polling place—in the polling booth established for that place; (b) at such other places within a remote subdivision as may be determined by the Electoral Commissioner—in a mobile polling booth. (2) Polling at a polling booth (other than a polling booth at a pre‑polling centre) must be conducted at the following times: (a) in the case of polling at a polling booth at an appointed polling place— (i) the poll must open at 8 a.m. on polling day and must not close until all electors present in the polling booth at 6 p.m., and desiring to vote, have voted; and (ii) the doors of the polling booth must be closed at 6 p.m. and no person may be admitted after that hour to the polling booth for the purpose of voting; (b) in the case of polling at a mobile polling booth in a remote subdivision—the poll must open and close at such times (being times that fall within the 12 days up to and including polling day) as may be determined by the Electoral Commissioner. (2a) Polling at a polling booth at a pre‑polling centre— (a) may only be conducted within the 7 days before polling day; and (b) must be conducted between 9 am and 5 pm (or for a longer duration determined by the Electoral Commissioner) on at least 6 of those days. (3) The Electoral Commissioner must, by notice published in a newspaper circulating generally throughout the State, advise the times and places for polling at a mobile polling booth. (3a) The times or places for polling at a mobile polling booth may be altered— (a) — (i) by the Electoral Commissioner publishing in a newspaper circulating generally throughout the State no later than the day before the day previously fixed for polling at a particular place another notice advising electors of the alteration in polling times at that place, or of the alteration of the place for polling; and (ii) if it is apparent that the newspaper referred to in subparagraph (i) will not be widely available in the relevant subdivision before the day previously fixed for polling— (A) by the Electoral Commissioner publishing a further notice advising electors of the alteration in a local newspaper that will circulate in that subdivision before that day; or (B) if there is no such newspaper—by the Electoral Commissioner taking such steps as are reasonably practicable to notify electors in the particular subdivision of the alteration; or (b) in exceptional circumstances that render compliance with paragraph (a) impracticable—by the presiding officer taking such steps as are reasonably practicable to notify electors in the particular subdivision of the alteration. (3b) Where the times or places for polling at a mobile polling booth in a House of Assembly election are altered, the Electoral Commissioner or presiding officer making the alteration must take reasonable steps to inform candidates standing for election in the particular district of the alteration. (4) Where an election is held in some districts only, it is not necessary to open polling booths in districts in which no election is held. 78—Right of elector to receive ballot paper (1) Subject to this Act, where an elector who is entitled to vote in an election attends at a polling booth and claims to vote, a ballot paper must be issued to that elector. (2) Where a person claiming to vote is entitled, and applies, to make a declaration vote, the appropriate declaration voting papers must be issued to the person. (3) The presiding officer must, at the request of a scrutineer, note any objection by the scrutineer to the right of any person to vote, and must keep a record of the objection. 79—Vote to be marked in private (1) Subject to this Part, the voter, on receipt of the ballot paper (not being a declaration ballot paper) must without delay— (a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot paper; and (b) in the case of an elector exercising their vote in accordance with section 71(1)(ab)—enclose the ballot paper in the envelope provided by the officer who issued the voting papers; and (ba) fold the ballot paper and— (i) in the case of a ballot paper of a kind referred to in paragraph (b)—deposit it in a ballot box designated for such ballot papers; or (ii) in any other case—deposit the ballot paper in the ballot box; and (c) leave the booth. (2) Subject to this Part, where the voter makes a declaration vote, the voter must— (a) sign the appropriate declaration on the envelope that is to contain the ballot paper in the presence of an officer (who must sign the envelope as witness); and (b) retire alone to some unoccupied compartment of the booth and there, in private, mark his or her vote on the ballot paper; and (c) enclose the ballot paper in the envelope, seal the envelope and deposit it in the ballot box; and (d) leave the booth. 80—Voter may be accompanied by an assistant in certain circumstances (1) Subject to this section, if a voter satisfies the presiding officer that he or she is unable to vote without assistance, the voter may be accompanied by an assistant of his or her choice while in the polling booth. (2) The presiding officer may express disapproval of a person chosen to assist a voter under this section and, in that event, some other person, acceptable to the presiding officer, must be chosen by the voter. (3) The assistant may assist the voter in any of the following ways: (a) by acting as an interpreter; (b) by explaining the ballot paper, and the voter's obligations under this Act in relation to the marking of the ballot paper, to the voter; (c) by assisting the voter to mark the ballot paper, or by marking the ballot paper at the voter's direction; (d) by— (i) in the case of a voter exercising their vote in accordance with section 71(1)(ab)—folding the ballot paper, enclosing it in the envelope provided by the officer who issued the voting papers and depositing the envelope in a ballot box designated for such ballot papers; or (ii) in any other case—folding and depositing the ballot paper in the ballot box; (e) in the case of a voter making a declaration vote— (i) by assisting the voter to complete the appropriate declaration on the envelope; or (ii) if the voter is unable to do so—by completing and signing the declaration on the voter's behalf in the presence of an officer (who must sign the envelope as witness); or (iii) by folding and placing the ballot paper in the appropriate envelope and sealing the envelope. (4) A candidate, or a scrutineer appointed by a candidate, must not act as an assistant under this section. 80A—Voting near polling booth in certain circumstances (1) If a voter satisfies the presiding officer that the voter is unable (because of illness, disability, advanced pregnancy or other condition) to enter the polling booth to vote, the presiding officer may allow the voter to vote at or near the polling place outside of the polling booth. (2) The presiding officer must, before issuing the voter with a ballot paper, inform any scrutineers present of the proposed action and invite 1 scrutineer for each candidate to be present at the place where the voting will occur. (3) The following provisions apply to a voter to whom subsection (1) applies: (a1) in the case of a voter exercising their vote in accordance with section 71(1)(ab)—after the voter has marked a vote on the ballot paper, the presiding officer must, in the presence of the scrutineers, ensure that the ballot paper is folded to conceal the vote and placed in an envelope that is then sealed and deposited in a ballot box designated for such ballot papers; (a) in the case of a voter casting any other ordinary vote—after the voter has marked a vote on the ballot paper, the presiding officer must, in the presence of the scrutineers, ensure— (i) that the ballot paper is folded to conceal the vote and placed in an envelope that is then sealed; and (ii) that the envelope is opened inside the polling booth and the folded ballot paper is placed in the ballot box; (b) in the case of a voter casting a declaration vote—the voter must— (i) sign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness); and (ii) mark a vote on the ballot paper and fold it so as to conceal the vote; and (iii) place the ballot paper in the envelope provided and seal the envelope, and the presiding officer must then, in the presence of the scrutineers, ensure that the envelope is deposited in the ballot box; (c) if a voter satisfies the presiding officer that the voter is unable to vote without assistance, the voter may be assisted in accordance with section 80 as if the voter were in the polling booth. 81—Voting by elector to whom declaration voting papers have been issued An elector to whom declaration voting papers have been issued (otherwise than at a polling booth) is entitled to an ordinary vote at a polling booth, but a declaration ballot paper purporting to be a ballot paper of that elector must not be admitted to the scrutiny. Division 5—Declaration voting 82—Declaration vote, how made (1) An elector who is entitled, and desires, to make a declaration vote must vote in the following manner: (a) if the vote is taken at a polling booth—it must be taken in the manner set out in Division 4; (b) if the declaration voting papers are issued to the elector personally but not at a polling booth—the vote must be taken before the officer issuing the declaration voting papers; (c) if the declaration voting papers are issued to the elector under section 74(2a)—the vote must be taken before an authorised witness. (2) Subject to this Part, if an elector makes a declaration vote otherwise than at a polling booth, he or she must— (a) unless the elector is an elector referred to in section 74(3a), sign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness); (b) mark his or her vote, in private, on the ballot paper and fold it so as to conceal the vote; (c) place the ballot paper in the envelope provided and seal the envelope; (d) — (i) if the vote is taken before an officer—the envelope must then be deposited in a ballot box, or placed in another secured facility, or immediately transmitted or caused to be transmitted by the officer before whom the vote was taken to the appropriate returning officer; (ii) if the vote is taken before an authorised witness who is not an officer—the envelope must be lodged with the returning officer for the appropriate district before the close of poll on polling day, or delivered or sent by post so as to reach that returning officer, before the expiration of 7 days from the close of poll. (3) An elector who satisfies the person before whom he or she is to make a declaration vote (otherwise than at a polling booth) that he or she is unable to vote without assistance may be assisted by— (a) the person before whom the vote is taken; or (b) a person who is acceptable to that person. (4) The assistant may assist the voter in any of the following ways: (a) by acting as an interpreter; (b) by explaining the ballot paper and the voter's obligations under this Act in relation to the marking of the ballot paper; (c) by assisting the voter to mark the ballot paper, or by marking the ballot paper at the voter's direction; (d) by folding the ballot paper, placing it in the appropriate envelope and sealing the envelope; (e) by assisting the voter to complete the appropriate declaration on the envelope; (f) by depositing the envelope in a ballot box, or lodging it with, or forwarding it by post to, the appropriate district returning officer (as the case may require). (4a) A person who is given an envelope containing a declaration vote of an elector for transmission to a returning officer must lodge it with, or forward it by post to, the appropriate district returning officer as soon as possible. Maximum penalty: $1 250. (5) Where an elector makes a declaration vote before an officer (otherwise than in a polling booth) the officer must make available for the assistance of the elector copies of any how-to-vote cards and other electoral materials in the possession of the officer that are to be exhibited in the polling booth on polling day. (6) A person who— (a) makes a declaration vote after the close of poll on polling day; or (b) when acting as an authorised witness to a declaration vote, falsely certifies that the declaration vote was made before the close of poll on polling day; or (c) delivers or posts to a returning officer under subsection (2) an envelope containing a declaration vote knowing that the vote was made after the close of poll on polling day, 83—Taking of declaration votes by electoral visitors (1) The Electoral Commissioner may, by notice published in the Gazette— (a) declare the whole or a specified part of an institution to be a declared institution; or (b) vary or revoke a declaration under this section. (2) The Electoral Commissioner must, in respect of each election— (a) appoint a sufficient number of assistant returning officers to be electoral visitors; and (b) make the necessary arrangements for all declared institutions within the district in which the election is being held to be visited by electoral visitors so that the votes of those persons at the declared institution who are entitled to declaration votes may be taken before them. (3) A declared institution may be visited under this section at any time between the expiration of 3 days from the date fixed for the nomination and the close of poll on polling day. (4) An electoral visitor may require the person apparently in charge of a declared institution to furnish him or her with the following information: (a) the names and addresses of the residents of the institution; and (b) any other information that is reasonably required in order to determine whether a resident is entitled to exercise a declaration vote. (5) A person who— (a) hinders an electoral visitor in the exercise of functions under this section; or (b) refuses or fails, without reasonable excuse, to furnish information when required to do so under subsection (4), (6) A person must not counsel or procure 2 or more residents of a declared institution to make applications by post for the issue of declaration voting papers. 84—Security of facilities All ballot boxes or other secured facilities containing declaration ballot papers must be opened and the ballot papers forwarded as soon as practicable to the appropriate returning officers or deputy returning officers. Division 5A—Electronically assisted voting for sight‑impaired electors 84A—Electronically assisted voting for sight‑impaired electors (1) The regulations may make provision in relation to voting in an election by sight‑impaired electors by means of an electronically assisted voting method. (2) Without limiting the generality of subsection (1), regulations made for the purposes of this Division may— (a) determine, or provide for the determination of, the following: (i) the electronically assisted voting method; (ii) matters related to the voting using the electronically assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy; (iii) the number of places where the electronically assisted voting method is to be available, the location of those places and the days and times at which the method is to be available; (iv) which electors may use the electronically assisted voting method; and (b) require the making of a record of each person who has voted using the electronically assisted voting method; and (c) specify the information that is to be included in a record; and (d) provide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and (e) provide for the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and (f) provide for the application of this Act, or provisions of this Act, in relation to votes cast using the electronically assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and (g) make provision for any other matters related to electronically assisted voting. (3) To avoid doubt, nothing in this Division (or in regulations made for the purposes of this Division) authorises any elector to vote more than once at an election. sight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance. 84B—Applying provisions of Act to elector using electronic assisted voting (1) The prescribed electronically assisted voting method must be such that an elector using the method in relation to an election— (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the elector would be given if the elector were voting at a polling booth under this Part; and (b) is able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper. (2) Subject to this Division, if an elector votes using the electronically assisted voting method (an electronically assisted vote)— (a) this Act applies (subject to any modifications prescribed under section 84A(2)(f)) in relation to an electronically assisted vote as if it were a declaration vote; and (b) the record of the electronically assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and (c) the requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied. 84C—Electoral Commissioner may determine that electronically assisted voting is not to be used (1) The Electoral Commissioner may, by notice in the Gazette, determine that the prescribed electronically assisted voting method is not to be used either generally or at 1 or more specified places. (2) A notice under subsection (1) must specify the election in respect of which the determination applies.