QLDIn ForceAct
Local Government Electoral Act 2011
sec.85Replacement ballot paper issued at polling booth or by visiting issuing officer
Start here
Get a plain-English read of sec.85
Turn the raw legal text into a practical explanation grounded in Local Government Electoral Act 2011.
### sec.85 Replacement ballot paper issued at polling booth or by visiting issuing officer
This section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77 , an elector—
satisfies an issuing officer that—
a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and
the spoilt ballot paper has not been put in a ballot box in use in the poll; and
the elector has not voted in the election; and
gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.
The issuing officer must give the elector another ballot paper.
The issuing officer must also—
place the spoilt ballot paper in an envelope and seal the envelope; and
keep the envelope for separate identification under section 92 (9) (b) .
s 85 sub 2019 No. 30 s 179
(sec.85-ssec.1) This section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77 , an elector— satisfies an issuing officer that— a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and the spoilt ballot paper has not been put in a ballot box in use in the poll; and the elector has not voted in the election; and gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.
(sec.85-ssec.2) The issuing officer must give the elector another ballot paper.
(sec.85-ssec.3) The issuing officer must also— place the spoilt ballot paper in an envelope and seal the envelope; and keep the envelope for separate identification under section 92 (9) (b) .
- (a) satisfies an issuing officer that— (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and (iii) the elector has not voted in the election; and
- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and
- (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and
- (iii) the elector has not voted in the election; and
- (b) gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.
- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and
- (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and
- (iii) the elector has not voted in the election; and
- (a) place the spoilt ballot paper in an envelope and seal the envelope; and
- (b) keep the envelope for separate identification under section 92 (9) (b) .