VICIn ForceAct
Electoral Act 2002
110HCommission to approve procedures for electronic assisted voting
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110H Commission to approve procedures for electronic assisted voting
(1) The Commission may approve procedures to facilitate voting by a prescribed eligible class or classes of electors at an election by means of electronic assisted voting.
(2) The Commission may engage an independent person or auditor to conduct audits of the computer program, systems and information technology used under the approved procedures.
Division 3—General
S. 110HA inserted by No. 30/2018 s. 32.
110HA Definition
In this Part, ***electronic assisted voting*** includes voting by the use of electronic equipment, telephone or other technology.
S. 110HB inserted by No. 30/2018 s. 32.
110HB Approval of computer program or system for electronic voting and electronic assisted voting
(1) The Commission may approve a computer program or system to enable electronic voting and electronic assisted voting if the Commission is satisfied that the criteria specified in subsection (2) apply.
(2) The criteria are—
(a) the proper use of the computer program or system will give the same result in the recording of votes in an election as would be obtained if no computer program or system was used in the recording of votes;
(b) the computer program or system will enable a visual display or auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot-paper and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad;
(c) the computer program or system will enable an elector to select consecutive preferences beginning with the figure "1" or, in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a);
(d) the computer program or system allows an elector to correct a mistake before the vote is processed by the computer program;
(e) the computer program or system allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;
(f) the computer program or system allows an elector to abandon for any reason the electronic ballot‑paper without completing the vote;
(g) the computer program or system can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;
(h) the computer program or system will prevent any person from ascertaining the vote of a particular elector.
(3) The Commission may approve a process for capturing preferences into the approved computer program or system for electronic voting or for electronic assisted voting.
S. 110HC inserted by No. 30/2018 s. 32.
110HC Security arrangements
The Commission must ensure that arrangements are in place to ensure that—
(a) systems, computer programs and electronic devices used or intended to be used for or in connection with electronic voting and electronic assisted voting are kept secure from interference; and
(b) the integrity of voting is maintained while electronic voting and electronic assisted voting is being used.
S. 110HD inserted by No. 30/2018 s. 32.
110HD Ballot-papers
(1) For the purposes of this Part, a ballot-paper prepared under section 74 may be in an electronic form.
(2) The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the visual display or auditory description of the electronic form.
(3) The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form.
S. 110HE inserted by No. 30/2018 s. 32.
110HE Voting
(1) For the purposes of section 92, if section 110D applies to a person entitled to vote, the person may be given access to an electronic ballot-paper.
(2) For the purposes of section 92, if section 110G applies to a person entitled to vote, the person may authorise an election official to access and complete a ballot-paper on their behalf.
(3) If an elector given access to an electronic ballot‑paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A to have marked the elector's vote on the ballot-paper in accordance with those sections.
(4) For the purposes of section 93(6), an elector using electronic voting or electronic assisted voting is to be taken to have deposited their vote in the ballot-box—
(a) in the case of electronic voting, when they submit their electronic ballot-paper using the approved computer program; or
(b) in the case of electronic assisted voting, when the election official has confirmed completion of the ballot‑paper.
(5) For the purposes of section 98, a person to whom section 110D applies is entitled to apply to vote at an early voting centre.
(6) The validity of a vote cast in accordance with this section cannot be disputed on the ground that the elector could have voted without assistance.
S. 110I substituted by No. 30/2018 s. 32.