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ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 153 Notice of failure to vote

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 153

Notice of failure to vote

(1)  Subject to subsection (4) , as soon as practicable after an election, the Commissioner is to send by post a notice to each elector whose name appears on a list prepared under section 152(2) .
(2)  The notice is to be in an approved form, specify the date by which the notice is to be returned to the Commissioner ( "the return date" ), and include a statement to the effect that –
(a) the elector appears to have failed to vote at the election; and
(b) it is an offence to fail, without valid and sufficient reason, to vote at an election; and
(c) if the elector voted at the election he or she may, on or before the return date, provide the Commissioner with particulars in writing of when and where he or she voted; and
(d) if the elector failed to vote at the election and does not wish to have the matter dealt with by a court, the elector may, on or before the return date –
(i) provide the Commissioner with particulars in writing of any valid and sufficient reason for the failure; or
(ii) pay the Commissioner the penalty in accordance with section 157 .
(3)  The return date is to be a date not less than 21 days after the notice referred to in subsection (1) is posted.
(4)  If the Commissioner is satisfied that an elector whose name appears on a list prepared under section 152(2) had a valid and sufficient reason for failing to vote at the election, a notice is not to be sent to the elector.