New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 115A

115A Provisional absent voting

(1) Person enrolling for first time etc If, at a polling place in a district at any election, a person, who is not enrolled for any district, claims to be entitled to enrol for another district, the person is to be permitted to vote if:

(a) the person:

(i) completes and signs a claim for enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the polling place, and

(ii) provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii) makes a declaration in the approved form before that election official, and

(b) the election official is satisfied that:

(i) the claim for enrolment has been properly completed, and

(ii) the person is who the person claims to be, and

(iii) the proof of identity provided shows that the person’s residence is the same as the place named in the claim for enrolment as the person’s residence.

Note: If a person cannot produce a driver licence or a Photo Card the person will not be permitted to vote under this subsection.

(2) Person transferring enrolment If, at a polling place in a district at any election, a person is enrolled for the district, but claims to be entitled to enrol for another district, the person is to be permitted to vote if:

(a) the person:

(i) completes and signs a claim for a transfer of enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the polling place, and

(ii) provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii) makes a declaration in the approved form before that election official, and

(b) the election official is satisfied that:

(i) the claim for a transfer of enrolment has been properly completed, and

(ii) the person is who the person claims to be, and

(iii) the proof of identity provided shows that the person’s residence is the same as the place named in the claim for a transfer of enrolment as the person’s residence.

Note: If a person cannot produce a driver licence or a Photo Card the person will not be permitted to vote under this subsection.

(3) The polling place manager must, immediately after the close of the poll, send to the Electoral Commissioner any claim for enrolment and claim for transfer of enrolment submitted to an election official under this section.

(4) Section 115 (1) (d)-(h), (2), (2A), (2B) and (3) extend to the casting of the person’s vote under this section as if the person were an elector.

(5) The returning officer (or a person authorised by the returning officer) must send each ballot paper containing a vote under this section to the returning officer for the district for which the voter declares that he or she is entitled to be enrolled.

(6) Immediately after the close of the poll, the returning officer or another election official is, in writing (including by facsimile transmission, email or other electronic means), to send to each returning officer to whom envelopes containing ballot papers have been forwarded under subsection (5), advice of the number of envelopes so forwarded.