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ELECTORAL ACT 2002 - SECT 104 Issue of declaration and ballot-paper to postal voters

ELECTORAL ACT 2002 - SECT 104

Issue of declaration and ballot-paper to postal voters

S. 104(1) amended by No. 30/2018 s. 27(1).

    (1)     If the Commission receives an application to vote by post in accordance with section 101(2) and is satisfied that the application is properly signed by the applicant and is properly witnessed, the Commission must—

        (a)     deliver or post to the applicant—

              (i)     a declaration in the prescribed form; and

              (ii)     a ballot-paper; and

        (b)     record the name of the elector to whom the declaration and ballot-paper has been issued and the date of issuing.

S. 104(1A) inserted by No. 30/2018 s. 27(2).

    (1A)     If the Commission receives an application to vote by post in accordance with section 101(2A) and is satisfied that the application contains information to enable the Commission to verify the identity of the elector in accordance with the verification process determined by the Commission for the purposes of that subsection, the Commission must—

        (a)     deliver or post to the applicant—

              (i)     a declaration in the prescribed form; and

              (ii)     a ballot-paper; and

        (b)     record the name of the elector to whom the declaration and ballot-paper has been issued and the date of issuing.

    (2)     If the Commission receives an application to vote by post—

S. 104(2)(a) amended by No. 30/2018 s. 27(3).

        (a)     that in the opinion of the Commission is not in accordance with section 101(2) or (2A); or

S. 104(2)(b) amended by No. 30/2018 s. 27(4).

        (b)     after 6 p.m. on the Wednesday immediately preceding election day—

the Commission must take reasonable steps to inform the applicant that the application is defective or was received after the specified time.

S. 104A inserted by No. 30/2018 s. 28(1).