PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 115 Voting outside electoral district

This legislation has been repealed.

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 115

115 Voting outside electoral district

(1) An elector who on polling day is absent from the electoral district for which he or she is enrolled may, subject to the following provisions, vote at any polling place in any other electoral district, being a polling place open for polling on that day:

(a) The elector must state his or her name, and place of residence in the electoral district in which he or she claims to be enrolled, together with his or her date of birth.

(b) An election official may, if he or she thinks fit, and at the request of any scrutineer shall put to the elector any of the questions prescribed by section 100 which are applicable to the case.

(c) If the elector answers the questions satisfactorily, or if no questions are put to him or her, he or she may be allowed to vote as an absent voter upon making a declaration in the approved form.

(d) The form of declaration may be printed or written on an envelope addressed to the returning officer for the district for which the elector is enrolled, and must, after being filled in, be signed by the elector in his or her own handwriting in the presence of the election official, who shall then attest the signature of the elector.

(e) After the declaration has been made, the election official shall hand to the elector a ballot paper which shall be in or to the effect of the form prescribed in Schedule 4 or ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require. Before handing a ballot paper to the elector the election official shall, if the particulars are not already printed thereon, insert on the ballot paper, if it relates to an election for the Assembly, the name of the electoral district and the names of all the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A or, if it relates to a periodic Council election, the particulars relating to the candidates for that election in the manner prescribed by section 83B. Each ballot paper shall be initialled on the front by the election official.

(g) The elector, after receiving a ballot paper, shall without delay retire alone into an unoccupied compartment of the polling booth, and there in private mark his or her vote on the ballot paper in the manner directed on the ballot paper and shall then fold the ballot paper so that the vote cannot be seen, and at once return the ballot paper so folded to the election official before whom he or she made the declaration, and shall again state his or her name if so required by the election official.

(h) The election official shall then, in the presence of the elector, forthwith enclose the ballot paper in the envelope bearing the declaration of the elector and securely fasten the envelope.

(2) If the election official is unable to supply the elector with a printed or a partly printed and partly written ballot paper in or to the effect of the prescribed form, he or she shall, after the declaration has been made by the elector pursuant to subsection (1) (d), supply to the elector a paper which is initialled by the election official on the front and on which is written:

(a) where the paper is supplied for the purpose of an election for the Assembly, the words "Legislative Assembly Election" and:

(i) the name of the electoral district,

(ii) the names of the candidates in the order in which those names were drawn by ballot held pursuant to section 82A, and

(iia) if required by Division 6B, the names of registered parties or the word "Independent", and

(iii) the directions as to the method of voting set out in Schedule 4, and

(b) where the paper is supplied for the purpose of a periodic Council election, the words "Legislative Council Election" and:

(i) the name of the electoral district,

(ii) particulars relating to the candidates for that election in the manner prescribed by section 83B, and

(iii) the directions as to the method of voting set out in Schedule 4A.

(2A) On receiving any such paper, the elector shall:

(a) retire alone into an unoccupied compartment of the polling booth and there in private record his or her vote in the manner directed on the paper,

(b) fold the paper so that the vote so recorded cannot be seen, and

(c) at once return the paper so folded to the election official.

(2B) Any such paper shall, on being supplied to an elector, be deemed to be a ballot paper.

(3) If any person makes any such declaration knowing that the same is untrue in any material particular he or she shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.