sec.79Applications to cast postal votes in local government elections that are not postal ballot elections

### sec.79 Applications to cast postal votes in local government elections that are not postal ballot elections An elector may apply to the returning officer to cast a postal vote in an election that is not a postal ballot election. The application— may be made orally or in writing; and if the application is written—must be in the approved form; and must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and may be given to the returning officer by any person; and must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day. Subsection (4) applies if— the application complies with subsection (2) ; and the returning officer is satisfied the elector is entitled to cast a postal vote in the election. The returning officer must, as soon as practicable after receiving the application, give the elector— a ballot paper and a declaration envelope; and written instructions on how to cast a postal vote. The things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’. However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia. The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section. If the returning officer receives an application after the time mentioned in subsection (2) (d) , or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election. s 79 amd 2014 No. 44 s 60 ; 2015 No. 6 s 11 ; 2019 No. 30 s 177 (sec.79-ssec.1) An elector may apply to the returning officer to cast a postal vote in an election that is not a postal ballot election. (sec.79-ssec.2) The application— may be made orally or in writing; and if the application is written—must be in the approved form; and must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and may be given to the returning officer by any person; and must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day. (sec.79-ssec.3) Subsection (4) applies if— the application complies with subsection (2) ; and the returning officer is satisfied the elector is entitled to cast a postal vote in the election. (sec.79-ssec.4) The returning officer must, as soon as practicable after receiving the application, give the elector— a ballot paper and a declaration envelope; and written instructions on how to cast a postal vote. (sec.79-ssec.5) The things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’. (sec.79-ssec.6) However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia. (sec.79-ssec.7) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section. (sec.79-ssec.8) If the returning officer receives an application after the time mentioned in subsection (2) (d) , or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election. - (aa) may be made orally or in writing; and - (a) if the application is written—must be in the approved form; and - (b) must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and - (c) may be given to the returning officer by any person; and - (d) must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. Note— The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day. - (a) the application complies with subsection (2) ; and - (b) the returning officer is satisfied the elector is entitled to cast a postal vote in the election. - (a) a ballot paper and a declaration envelope; and - (b) written instructions on how to cast a postal vote.