New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 114PA

114PA Procedure for voting before polling day-voting in elector’s district

(1) This section applies to voting under this Division where:

(a) a person makes an application under section 114P at a pre-poll voting place in the State, and

(b) the person is enrolled for the district in which the pre-poll voting place is situated.

(2) Division 8 (other than sections 95-98, 106 (2), (2A) and (2B), 108 and 109) extends to voting to which this section applies subject to the following modifications:

(a) references to polling places are taken to be references to pre-poll voting places,

(b) references to polling place managers and election officials are taken to be references to pre-poll voting officers at the pre-poll voting places.

(3) The Electoral Commissioner is to ensure that each pre-poll voting place in the State is provided with sufficient authorised copies of the roll for the district in which the place is situated for the purposes of this section.

(4) The pre-poll voting officer is to ensure the security of any ballot boxes used for the purpose of this section.

(5) Unless the Electoral Commissioner has specified another earlier time, as soon as practicable after 6 pm on the day preceding polling day the pre-poll voting officer for the pre-poll voting place (if not the returning officer) must, in the presence of any other election official assisting the officer and any scrutineers who are present:

(a) publicly close, fasten, seal and take charge of any ballot box used by the officer for the purposes of this section, and

(b) with the least possible delay, forward it for the purposes of scrutiny to the returning officer for the district concerned.

(6) At the scrutiny the returning officer is to:

(a) produce any ballot boxes that have been delivered to him or her in accordance with subsection (5), and

(b) remove the ballot papers from the ballot boxes, and

(c) open those ballot papers and count those that are formal.

(7) Without affecting subsection (2), the provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act. However, any such other provision applies with any necessary modifications.