79Assisting certain voters

79 Assisting certain voters

(1) If any voter satisfies the presiding officer that his or her sight is so impaired or that he or she is so physically incapacitated or illiterate that he or she is unable to vote without assistance, the presiding officer must permit a person (other than a liaison officer) appointed by the voter to:

(a) complete the voter card for the voter; and

(b) mark the voter’s vote on the ballot‑paper; and

(c) fold the ballot‑paper so that the vote cannot be seen; and

(d) place the ballot‑paper in the voter card envelope; and

(e) fasten the envelope.

(2) If necessary the person appointed by a voter under subrule (1) must accompany the voter and present the voter’s voter card envelope to the liaison officer in accordance with paragraph 75 (e).

(3) If necessary the person appointed by a voter under subrule (1) must receive the voter’s voter card envelope from the liaison officer and in company with the voter deposit the voter’s voter card envelope in the ballot‑box.

(4) If a voter to whom subrule (1) applies fails to appoint a person under
subrule (1) or is claiming an absent vote, the presiding officer, in the presence of any scrutineers that are present, or, if there are no scrutineers present, then in the presence of:

(a) an assistant presiding officer; or

(b) if the voter so desires, in the presence of a person appointed by the voter, instead of an assistant presiding officer;

must carry out the steps as required under subrules (1), (2) and (3).

(5) Without limiting the generality of subrule (4), a voter to whom subrule (4) applies may indicate to the presiding officer the manner in which the voter wishes the presiding officer to mark his or her ballot‑paper for him or her by presenting to the presiding officer a statement in writing (which may be, or include, a how‑to‑vote card) that specifies the manner in which the ballot‑paper is to be marked.

(6) Where subrule (1) applies in relation to an absent voter, the presiding officer must:

(a) fill in the declaration referred to in subrule 64 (1) with the required particulars as requested by the voter; and

(b) read the declaration to the voter; and

(c) complete and attest the declaration; and

(d) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by an assistant presiding officer.