148Directions for postal voting

#### 148 Directions for postal voting 148 Directions for postal voting > > (1) The following directions for voting by post are to be substantially observed— > > > > > (a) the elector is to sign and date the postal vote certificate in the presence of a witness, > > > > > (b) the witness is also to sign and date the certificate in the place provided, > > > > > (c) the elector must then (in the presence of the witness, but in a manner so that the witness cannot see the vote)— > > > > > > > (i) record his or her vote on the ballot paper, and > > > > > > > (ii) fold the ballot paper so that the vote cannot be seen, and > > > > > > > (iii) place the ballot paper and the certificate in the envelope provided by the Electoral Commissioner for return to the Electoral Commissioner, and > > > > > > > (iv) seal the envelope, > > > > > (d) the elector must then— > > > > > > > (i) post the envelope to the Electoral Commissioner, or > > > > > > > (ii) deliver the envelope to an election official before 6 pm on election day, or > > > > > > > (iii) for an eligible overseas elector— > > > > > > > > > (A) post the envelope to an election official located at a place outside Australia appointed by the Electoral Commissioner at the election official’s designated postal address, or > > > > > > > > > (B) deliver the envelope to an election official located at a place outside Australia appointed by the Electoral Commissioner at the election official’s designated office address before the date and time designated for the election official under subsection (1A)(a)(iii). > > > (1A) The Electoral Commissioner, for postal voting by eligible overseas electors— > > > > > (a) may— > > > > > > > (i) appoint one or more election officials located at places outside Australia, and > > > > > > > (ii) designate for each election official located at a place outside Australia— > > > > > > > > > (A) a postal address, and > > > > > > > > > (B) an office address, and > > > > > > > (iii) designate the date and time by which the ballot paper vote must be received by the election official, being a date and time not later than the close of voting according to New South Wales standard time, and > > > > > (b) must publish notice of the appointment and designation of addresses, dates and times on the Electoral Commission’s website. > > > (1B) Despite section 81(1) and (2), the Electoral Commissioner may appoint a person, who the Electoral Commissioner considers has the appropriate skills and experience, as an election official under subsection (1A)(a)(i). > > > (2) An election official who receives an envelope in accordance with subsection (1)(d)(ii) or (iii) is, as soon as is reasonably practicable, to forward the envelope to the Electoral Commissioner. > > > (3) A witness to a postal vote must— > > > > > (a) comply with subsection (1) in so far as it is to be complied with on his or her part, and > > > > > (b) see that the directions in subsection (1) are complied with by the elector, and by every person present when the elector votes, and > > > > > (c) refrain from disclosing any knowledge of the vote of the elector. > > > (4) The witness must not influence or attempt to influence, in any way, the vote of an elector voting by post before him or her. > > > (5) The witness must not persuade or induce the elector to hand to him or her for posting or delivery the envelope containing the postal ballot paper, but is not prohibited from posting or delivering any such envelope at the request of the elector. > > Maximum penalty (subsections (3)–(5)): 20 penalty units. > > **s 148:** Am 2018 No 68, Sch 1.10 \[5\]; 2026 No 6, Sch 1\[60\]–\[63\].