South Australian Consolidated Acts South Australian Consolidated Acts39—Issue of postal voting papers
(1) The
returning officer must, as soon as practicable after the twenty-first day
before polling day, and in any event not later than 14 days before
polling day, issue to every natural person, body corporate or group who or
which has his, her or its name on the voters roll used for the purposes of the
election or poll postal voting papers consisting of—
(a) a
ballot paper (or, in an appropriate case, ballot papers) authenticated to the
satisfaction of the returning officer; and
(b) an
opaque envelope bearing a declaration (in a form determined by the Electoral
Commissioner), to be completed by the voter, declaring the voter's date of
birth and—
— that the
ballot paper contained in the envelope contains his or her vote; and
— that he or she
has not already voted at the election or poll; and
— if the voting
papers are issued to a body corporate or group—that he or she is
eligible to vote and is acting on behalf of the body corporate or group.
(2) The declaration
under subsection (1) must appear on a tear-off extension to the envelope
flap.
(3) An envelope used
under subsection (1) must be—
(a) a
pre-paid post envelope addressed to the returning officer; or
(b)
accompanied by a pre-paid post envelope addressed to the returning officer,
and must comply with any prescribed requirement.
(4) Postal voting
papers must also be issued to any person, body corporate or group of persons
whose name does not appear on the voters roll but who claims to be entitled to
vote at the election or poll and applies to the returning officer for voting
papers not later than—
(a) in
the case of an application made by post—5 p.m. on the second business
day before polling day;
(b) in
the case of an application made personally—the close of voting on
polling day.
(5) Postal voting
papers issued under subsection (4) must also include a declaration (in a
form determined by the Electoral Commissioner) for the voter to set out the
grounds on which an entitlement to vote is claimed.
(6) Postal voting
papers issued under this section must be accompanied by an explanatory notice
and a set of candidate profiles that comply with the regulations and may be
accompanied by other material determined by the returning officer.
(7) Postal voting
papers may be issued under this section—
(a) by
giving them to the prospective voter personally; or
(b) by
sending them by post—
(i)
to a prospective voter at the appropriate address on the
voters roll; or
(ii)
in the case of a body corporate or group (without
limiting any other method of delivery)—to the body corporate or group at
an address nominated by the body corporate or group in a manner determined or
approved by the returning officer; or
(iii)
in the case of a prospective voter whose name and address
do not appear on the voters roll—at some other address of which the
returning officer has received notice in a manner determined or approved by
the returning officer.
(8) The
returning officer must keep a record of the electors and other persons to whom
voting papers are issued under this section.
(9) If postal voting
papers are returned because they have not been able to be successfully
delivered, the returning officer must retain those voting papers in a secure
place. 1
(10) The
returning officer is not obliged to check the date of birth of a voter, or any
other information, provided under this section (but may do so on a selective,
random or other basis determined by the returning officer).
(11) A vote may be
admitted to the count notwithstanding that the voter's date of birth has not
been declared (or accurately declared) under this section, or that there has
been some other formal defect or error on the part of the voter in complying
with the requirements of this section (unless the returning officer is of the
opinion that the defect or error is sufficiently significant to warrant the
rejection of the vote).
(12) The
returning officer is not required to issue postal voting papers under this
section with respect to a person who the returning officer has reason to
believe has died.
Note—
1 Fresh voting papers may be subsequently issued
under section 43.