57Return of declaration envelopes and ballot-papers

57 Return of declaration envelopes and ballot-papers

(1) A voter, or, in the case of a disadvantaged voter, a person nominated or authorised by the disadvantaged voter, must—

(a) mark the voter's ballot-paper in accordance with the instructions; and

(b) insert the ballot-paper in the declaration envelope; and

(c) personally sign the declaration envelope with the voter's (or nominated or authorised person's) usual signature; and

(d) fill in the date in the place provided; and

(e) place the declaration envelope in the prepaid envelope provided.

(2) Postal voting closes at 6 p.m. on the day before election day in the election.

(3) For the purposes of subregulation (2), a voter is taken to have voted before 6 p.m. on the day before election day if—

(a) the voter or, in the case of a disadvantaged voter, a person nominated or authorised by the disadvantaged voter, complies with subregulation (1); and

(b) the declaration is signed and dated before election day; and

(c) the voter or, in the case of a disadvantaged voter, a person nominated or authorised by the disadvantaged voter, posts the declaration envelope containing the marked ballot-paper to the place designated by the election manager for that purpose; and

Reg. 57(3)(d) substituted by S.R. No. 100/2020 reg. 6(1).

(d) the declaration envelope is received by the election manager before 12 noon on—

(i) the fifth working day after the last day of voting; or

(ii) a later day determined by the VEC under subregulation (3A), which must not be more than 10 working days after the last day of voting.

Reg. 57(3A) inserted by S.R. No. 100/2020 reg. 6(2).

(3A) For the purpose of subregulation (3)(d), the VEC may determine to alter the last day for the receipt of declaration envelopes in respect of an election for one or more Councils by fixing a different later day, if the VEC is of the opinion that it is necessary to do so because of any of the following—

(a) an unforeseen delay in the production of postal ballot envelopes or in the processing of candidate statements;

(b) any delay in the postage, delivery or receipt of postal ballot envelopes or declaration envelopes which has occurred, is occurring or is reasonably likely to occur because of a postal strike or other disruption to, or impact on, the postal service;

(c) an emergency.

Reg. 57(3B) inserted by S.R. No. 100/2020 reg. 6(2).

(3B) If the VEC makes a determination under subregulation (3A), the VEC must—

(a) as soon as practicable publish a notice in the Government Gazette and on the VEC's internet site specifying the new last day for receipt of declaration envelopes; and