NSWIn ForceAct
Electoral Act 2017
149ASaving of certain postal ballot papers
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#### 149A Saving of certain postal ballot papers
149A Saving of certain postal ballot papers
> > (1) A ballot paper is not to be rejected from scrutiny merely because the ballot paper and postal vote certificate were sealed inside an envelope other than the envelope provided by the Electoral Commissioner.
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> > (2) If the Electoral Commissioner is unable to read the postal vote certificate without opening the envelope because of the reason referred to in subsection (1), the Electoral Commissioner must—
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> > > (a) open the envelope, and
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> > > (b) withdraw the postal vote certificate from the envelope, and
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> > > (c) accept the envelope for scrutiny if satisfied—
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> > > > (i) the postal vote certificate has been properly signed and witnessed, and
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> > > > (ii) for a postal vote certificate posted to the Electoral Commissioner—the certificate was completed before the close of voting, and
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> > > > (iii) for a postal vote certificate delivered to an election official—the certificate was delivered before the close of voting, and
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> > > > (iv) the elector is enrolled for the district for which the elector claimed to be enrolled, and
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> > > (d) if not satisfied of one or more of the matters in paragraph (c)—disallow the ballot paper in the envelope.
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> > (3) If an envelope has been accepted for scrutiny under subsection (2), the Electoral Commissioner must—
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> > > (a) withdraw the ballot paper from the envelope, and
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> > > (b) without inspecting the ballot paper, or allowing another person to inspect the ballot paper, place the ballot paper in a ballot box for further scrutiny.
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> **s 149A:** Ins 2022 No 57, Sch 1\[5\]. Subst 2026 No 6, Sch 1\[71\].