ELECTORAL ACT 2002 - SECT 109 Provisions as to voting by absent voters
ELECTORAL ACT 2002 - SECT 109
Provisions as to voting by absent voters(1) This section applies with respect to voting at an election by absent voters.
S. 109(1A) inserted by No. 91/2003 s. 8.
(1A) In relation to voting at an election by an absent voter, sections 90 to 96 apply, as far as relevant, if it is possible to record a mark against the absent voter's name on the electoral roll.
S. 109(1B) inserted by No. 91/2003 s. 8.
(1B) If it is not possible to record a mark against the absent voter's name on the electoral roll, subsections (2) to (8) apply.
(2) An election official must request a person claiming to vote as an absent voter at an election day voting centre before the person is given a ballot-paper to make a declaration that contains the following questions—
(a) What is your full name?
(b) Where do you live?
S. 109(2)(c) repealed by No. 41/2010 s. 15(1).
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(d) What is your date of birth?
(e) Have you voted before in this election?
S. 109(3) amended by No. 41/2010 s. 15(2).
(3) A silent elector or itinerant elector is not required to answer the question in subsection (2)(b).
S. 109(4) substituted by No. 41/2010 s. 15(3).
(4) The election official must reject a person's claim to vote if the person—
(a) refuses to answer fully the questions asked; or
(b) if asked, answers the question specified in subsection (2)(e) in the affirmative.
(5) If the election official is satisfied from the answers to the questions that the person is entitled to vote, the person may vote as an absent voter if the person signs the declaration in the prescribed form.
(6) If the person signs the declaration in the prescribed form, the election official must initial the ballot-paper and give it to the person.
(7) If a person votes under this section, the person must after voting return the folded ballot-paper to the election official.
(8) The election official must in the presence of the voter and any scrutineers—
S. 109(8)(a) amended by No. 30/2018 s. 31.
(a) enclose the folded ballot-paper in an envelope bearing the declaration of the voter and addressed to the election manager for the region or district for which the voter claims to be entitled to vote; and
(b) immediately securely fasten the envelope and deposit it in the ballot-box.
(9) If the claim of any person to vote under this section is refused—
(a) the election official must note in writing the claim and the reasons for refusal; and
(b) the election official must sign the note in the presence of any scrutineer; and
(c) any of the scrutineers may also sign the note.