44Who is entitled to vote by an electronically assisted vote

#### 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.