Part 4Enrolment

Part 4—Enrolment 14—Qualifications for enrolment (1) Subject to this Act1— (a) a natural person is entitled, without application, to be enrolled on the voters roll for an area or ward if that person is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; and (ab) a natural person (not being a person referred to in paragraph (a)), who is of or above the age of majority and is a State elector, is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if that person— (ii) is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or (iii) is a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and (b) a body corporate is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if it is a ratepayer in respect of rateable property within the area or ward and is the sole owner or sole occupier of the rateable property; and (c) a group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled, on application to the chief executive officer under this section, to be enrolled as a group on the voters roll for an area or ward if— (i) the members of the group are all ratepayers in respect of rateable property within the area or ward; and (ii) the members of the group are joint owners, owners in common or joint occupiers of the rateable property; and (iii) at least one member of the group (being a natural person of or above the age of majority or a body corporate) is not enrolled on the relevant voters roll under paragraph (a), (ab) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a) as a resident in respect of the rateable property; and (iv) no member of the group who is an occupier of the rateable property but not an owner is a resident in respect of the rateable property. (1a) A natural person is entitled, without application, to provisional enrolment on the voters roll for an area or ward if he or she is provisionally enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward. (2) No enrolment will be made on the voters roll on the basis of a claim or application received between the time at which rolls for an election or poll close and polling day for the election or poll. (3a) Except as otherwise provided in this Act, the name of a person, body corporate or group must not be added to the voters roll for an area or ward except in accordance with an application for enrolment. (3b) An application for enrolment on the voters roll for an area or ward must— (a) be in a form approved by the returning officer; and (b) be signed and witnessed as required by the returning officer; and (c) be made to the chief executive officer of the council. (3c) If an application for enrolment in respect of an area or ward is received by a chief executive officer, the chief executive officer must enrol the applicant unless— (a) the chief executive officer believes the applicant is not entitled to be enrolled; or (i) in the case of an application made in respect of an entitlement under subsection (1)(ab)—the natural person is already on the voters roll for the area or ward by virtue of another entitlement to vote; or (ii) in the case of an application made in respect of an entitlement under subsection (1)(b) or (c)— (A) the designated person of the body corporate or group is already on the voters roll for the area or ward (whether as a designated person or by virtue of another entitlement to vote); or (B) the chief executive officer believes the designated person of the body corporate or group is not entitled to be the designated person. (4) For the purposes of subsection (3c)(a) and (b)(ii)(B), the Electoral Commissioner must provide the chief executive officer with any information in the Electoral Commissioner's possession about whether a person is a State elector. (6) The chief executive officer may determine the name of a group for the purposes of the voters roll. (7) The name of a group must include the word "Group" at the end. (8) For the purposes of subsection (1)(ab)(iii) and (c)(iv), the chief executive officer is entitled to assume (in the absence of any information in the hands of the chief executive officer to the contrary) that a ratepayer in respect of rateable property used for residential purposes who is a natural person and who is (or who appears to be) an occupier but not an owner of that rateable property is a resident in respect of that rateable property (and the voters roll may have effect accordingly). (9) A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this section.