QLDIn ForceAct
Local Government Electoral Act 2011
sec.85AReplacement ballot paper issued to postal voter
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### sec.85A Replacement ballot paper issued to postal voter
This section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either—
the elector does not receive the ballot paper and declaration envelope; or
the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.
The elector may ask the returning officer for a replacement ballot paper.
If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.
The returning officer or an issuing officer must—
if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or
if the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
When the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states—
the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and
the elector has not otherwise voted in the election.
The returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.
s 85A ins 2019 No. 30 s 179
(sec.85A-ssec.1) This section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either— the elector does not receive the ballot paper and declaration envelope; or the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.
(sec.85A-ssec.2) The elector may ask the returning officer for a replacement ballot paper.
(sec.85A-ssec.3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.
(sec.85A-ssec.4) The returning officer or an issuing officer must— if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or if the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
(sec.85A-ssec.5) When the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states— the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and the elector has not otherwise voted in the election.
(sec.85A-ssec.6) The returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.
- (a) the elector does not receive the ballot paper and declaration envelope; or
- (b) the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.
- (a) if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or
- (b) if the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
- (a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and
- (b) the elector has not otherwise voted in the election.