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ELECTORAL ACT 1985 - SECT 80A

ELECTORAL ACT 1985 - SECT 80A

80A—Voting near polling booth in certain circumstances

        (1)         If a voter satisfies the presiding officer that the voter is unable (because of illness, disability, advanced pregnancy or other condition) to enter the polling booth to vote, the presiding officer may allow the voter to vote at or near the polling place outside of the polling booth.

        (2)         The presiding officer must, before issuing the voter with a ballot paper, inform any scrutineers present of the proposed action and invite 1 scrutineer for each candidate to be present at the place where the voting will occur.

        (3)         The following provisions apply to a voter to whom subsection (1) applies:

            (a)         in the case of a voter casting an ordinary vote—after the voter has marked a vote on the ballot paper, the presiding officer must, in the presence of the scrutineers, ensure—

                  (i)         that the ballot paper is folded to conceal the vote and placed in an envelope that is then sealed; and

                  (ii)         that the envelope is opened inside the polling booth and the folded ballot paper is placed in the ballot box;

            (b)         in the case of a voter casting a declaration vote—the voter must—

                  (i)         sign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness); and

                  (ii)         mark a vote on the ballot paper and fold it so as to conceal the vote; and

                  (iii)         place the ballot paper in the envelope provided and seal the envelope,

and the presiding officer must then, in the presence of the scrutineers, ensure that the envelope is deposited in the ballot box;

            (c)         if a voter satisfies the presiding officer that the voter is unable to vote without assistance, the voter may be assisted in accordance with section 80 as if the voter were in the polling booth.