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Electoral Act 2002
108Provisional voting
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108 Provisional voting
S. 108(1) substituted by No. 41/2010 s. 14(2).
(1) This section applies to a person who—
(a) claims to be entitled to vote at an election and the name of that person is not on, or cannot be found on, the electoral roll;
(b) completes the prescribed enrolment application and declaration form;
(c) signs the prescribed enrolment application and declaration form in the presence of an election official;
(d) provides to the satisfaction of the election official—
(i) a form of identification prescribed for the purposes of this section; or
(ii) the name of a service provider from the list of service providers prescribed for the purposes of this section to enable identification of the person.
(2) A person to whom this section applies may, subject to this Act and the regulations, cast a provisional vote under this section if the person signs a declaration in the prescribed form.
(3) An election official must give a person to whom this section applies a written statement in the prescribed form specifying—
(a) the person's rights under this section; and
(b) the steps that will be taken if the person votes under this section.
(4) If the person makes the declaration in the prescribed form, the election official must initial a ballot-paper and give it to the person.
(5) If a person votes under this section, the person must after voting return the folded ballot-paper to the election official.
(6) The election official must in the presence of the voter and any scrutineer—
(a) enclose the folded ballot-paper in an envelope bearing the declaration of the voter; and
(b) immediately securely fasten the envelope and deposit it in the ballot-box.