37Provisional votes

#### 37 Provisional votes (1) This section applies to a person claiming to vote if: (a) the person’s name cannot be found on the certified list of voters, or an approved list of voters, for the Division for which the person claims to vote; or (b) the person’s name is on the certified list of voters, or an approved list of voters, for a Division but his or her address does not appear on the list; or (c) the presiding officer or a polling official has asked the person one or more questions under subsection 30(4) about matters shown on the certified list of voters, or an approved list of voters, for a particular person to establish whether the person is that particular person and one of the following applies: (i) the person’s answers do not accord with the relevant information shown for that particular person on the list; (ii) the person’s answers accord with the relevant information shown for that particular person on the list but the officer or official is not satisfied that the person is that particular person; (iii) the person refused to answer fully; or (d) a mark on the certified list of voters, or a record against an approved list of voters, for the Division indicates that the person has already voted; or (e) the person is provisionally enrolled. (1A) In this Part (other than section 45) and in Schedule 4: (a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled. (2) A person to whom this section applies may cast a provisional vote if the person signs a declaration in the approved form on an envelope addressed to the DRO for the Division for which the voter is, or claims to be, enrolled. (3) The person shall sign the declaration in the presence of the presiding officer or a polling official. (4) The presiding officer or polling official shall then sign the declaration as witness, adding the date. (5) Before issuing a ballot paper to the person, the presiding officer or a polling official shall give the person a statement in writing in the approved form explaining the effect of this section and indicating the steps that will be taken if the person cast a provisional vote. (6) A person who casts a provisional vote shall hand the ballot paper to the presiding officer or polling official who issued it. (7) The presiding officer or polling official shall, in the presence of the voter, without unfolding the ballot paper, place it in the envelope bearing the voter’s declaration, fasten the envelope and place the envelope in the ballot‑box. (8) The Assistant Returning Officer who opens the ballot‑box shall deal with the envelope according to section 46A.