Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) If a voter satisfies the presiding officer of a polling place that the voter is so physically incapacitated that he or she is unable to vote without assistance or is illiterate, the presiding officer must, or must direct an officer to:
(a) enter an unoccupied polling booth with the voter;
(b) mark the voter's ballot-paper in accordance with the instructions of the voter; and
(c) fold and deposit the voter's ballot-paper in a ballot-box.
(2) If the presiding officer of a polling place is satisfied that the physical incapacity or illiteracy of a voter will not enable the voter:
(a) to communicate the voter's instructions for marking his or her ballot-paper to the presiding officer or an officer under subsection (1); or
(b) to verify that his or her ballot-paper will be marked in accordance with his or her instructions,
the presiding officer may permit a person appointed by the voter:
(c) to assist the voter in accomplishing the matters referred to in paragraphs (a) and (b); and
(d) to be present while the ballot-paper of the voter is marked, folded and deposited in accordance with subsection (1).
(3) For the purposes of this section, it is sufficient indication of a voter's instructions if the voter or the person appointed by the voter under subsection (2) presents to an officer referred to in subsection (1) a piece of paper or card, whether or not a recognisable how-to-vote card, indicating how to vote at the referendum, and the officer is satisfied that the piece of paper or card reflects the wishes of the voter.
(4) An officer who:
(a) in pursuance of this section is required to mark the ballot-paper of a voter; and
(b) marks the ballot-paper of the voter otherwise than in accordance with instructions given by the voter or, in a case where subsection (2) applies, by a person appointed by the voter,
is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(5) A person, appointed under subsection (2) by a voter, who causes the ballot-paper of the voter to be marked by an officer otherwise than in accordance with the instructions of the voter is guilty of an offence.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(6) A scrutineer or a person, appointed under subsection (2) by a voter, must not disclose to any person anything relating to the vote of a voter voting under this section.
Maximum penalty: 17 penalty units or imprisonment for 2 years.
(7) Nothing in this Act, other than section 17 or 40, prevents a scrutineer from being present, if he or she so desires, while the ballot-paper of a voter is marked, folded and deposited in accordance with this section.