New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 103A

103A Vote of person whose residence is not shown on the roll

(1) Notwithstanding section 103 (1), if an elector votes under the provisions of section 99A, the elector shall mark and fold the elector’s ballot papers in the manner prescribed in this Act and return it so folded to an election official.

(2) The election official shall thereupon, in the presence of the elector and of such scrutineers as are present, and without unfolding the ballot paper, enclose it in an envelope bearing the declaration of the voter and addressed to the returning officer for the district for which the elector is enrolled and shall forthwith securely fasten the envelope and deposit it in the ballot box.

(3) The returning officer or the polling place manager shall, without opening the envelope, forthwith transmit it to the returning officer for the district for which the elector is enrolled.

(4) The returning officer or an election official authorised by the returning officer, on receipt of the envelope containing the ballot paper, shall, before opening the envelope or allowing any other person to do so, examine the declaration of the elector, and, if it is in order and he or she is satisfied that the residence specified in the declaration is the residence specified in a request under section 31 by the elector (as affected by any change of residence annotated on the request) shall deal with the ballot paper in the manner prescribed in connection with the scrutiny of absent voters’ ballot papers.

(5) Subsections (1), (2), (3) and (4) do not apply in relation to a ballot paper marked by an absent voter who makes a declaration of residence under section 99A, but, where a returning officer for a district receives an envelope bearing such a declaration in relation to the district, he or she shall examine the declaration and, if it is in order and he or she is satisfied that the residence specified in the declaration is the residence specified in a request under section 31 by the absent voter (as affected by any change of residence annotated on the request), shall deal with the ballot paper in the scrutiny of absent votes.