Electoral and Referendum Regulation 2016
17Who is entitled to vote by an electronically assisted vote
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17 Who is entitled to vote by an electronically assisted vote
(1) The Electoral Commissioner: (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and (b) must determine, in writing, procedures for assessing whether a person is a registered electronically assisted voter; and (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.
Note: Example: For paragraph (b), if a call centre operator is not satisfied that a person is the registered electronically assisted voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.
(2) Subject to subsection (3), a person is entitled to vote by an electronically assisted vote if: (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and (c) a call centre operator is satisfied that the person is a registered electronically assisted voter; and (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll. (3) A person is not entitled to vote by an electronically assisted vote if: (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or (b) a call centre operator is not satisfied that the person is a registered electronically assisted voter after complying with the procedures for assessing whether the person is a registered electronically assisted voter; or (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or (d) the person refuses to answer a question asked in accordance with subsection 18(2); or (e) the person answers a question asked in accordance with subsection 18(2) in the affirmative; or (f) the person has already voted; or (g) the person is provisionally enrolled; or (h) on the basis of any of the person’s answers to questions mentioned in section 18, a call centre operator is not satisfied that the person is the voter whose name the person has used; or (i) the person does not otherwise comply with the procedures for: (i) assessing whether the person is a registered electronically assisted voter; or (ii) voting by an electronically assisted vote.
Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.