CTHRepealedLegislation
Electoral and Referendum Regulations 1940
44Who is entitled to vote by an electronically assisted vote
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#### 44 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 sight‑impaired voter; and
(c) may give directions to officers in relation to requests for voting by an electronically assisted vote.
> Note: Example for paragraph (b)
> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired 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) A determination under subregulation (1) is not a legislative instrument.
(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 sight‑impaired voter; and
(d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.
(4) 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 sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired 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 subregulation 45 (2); or
(e) the person answers Question 3 in subregulation 45 (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 regulation 45, 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 sight‑impaired 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.