QLDIn ForceAct
Referendums Act 1997
sec.32Making a declaration vote in cases of uncertain identity
Start here
Get a plain-English read of sec.32
Turn the raw legal text into a practical explanation grounded in Referendums Act 1997.
### sec.32 Making a declaration vote in cases of uncertain identity
If section 22 (7) or 24C (7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.
The declaration envelope must have on it the following questions—
‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’
‘Have you already voted, either here or elsewhere, at this referendum?’
The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.
The issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways—
in the negative to the question in subsection (2) (a) ;
in the affirmative to the question in subsection (2) (b) .
The person must then leave the polling place.
If subsection (4) does not apply, the issuing officer must give the person a ballot paper.
The person must, without delay—
go alone to an unoccupied voting compartment at the polling place; and
there, in private, mark a vote on the ballot paper in accordance with section 33 ; and
place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and
leave the polling place.
Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .
s 32 amd 2015 No. 35 s 23
(sec.32-ssec.1) If section 22 (7) or 24C (7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.
(sec.32-ssec.2) The declaration envelope must have on it the following questions— ‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’ ‘Have you already voted, either here or elsewhere, at this referendum?’
(sec.32-ssec.3) The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.
(sec.32-ssec.4) The issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways— in the negative to the question in subsection (2) (a) ; in the affirmative to the question in subsection (2) (b) .
(sec.32-ssec.5) The person must then leave the polling place.
(sec.32-ssec.6) If subsection (4) does not apply, the issuing officer must give the person a ballot paper.
(sec.32-ssec.7) The person must, without delay— go alone to an unoccupied voting compartment at the polling place; and there, in private, mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and leave the polling place.
(sec.32-ssec.8) Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .
- (a) ‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’
- (b) ‘Have you already voted, either here or elsewhere, at this referendum?’
- (a) in the negative to the question in subsection (2) (a) ;
- (b) in the affirmative to the question in subsection (2) (b) .
- (a) go alone to an unoccupied voting compartment at the polling place; and
- (b) there, in private, mark a vote on the ballot paper in accordance with section 33 ; and
- (c) place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and
- (d) leave the polling place.