Victorian Consolidated Legislation

Electoral Act 2002 - SECT 80

Alterations to registered how-to-vote card to correct error

80. Alterations to registered how-to-vote card to correct error



(1) This section applies if an alteration is required to a registered
how-to-vote card to correct an error in the registered how-to-vote card.

(2) If this section applies, the person who applied for the registration of
the how-to-vote card may not later than noon on the 5th working day before the
election day submit an amended version of the registered how-to-vote card to
the Commission for registration.

(3) Before noon on the next day after receiving an application under
subsection (2), the Commission must-

   (a)  register the amended version of the registered how-to-vote card; or

   (b)  refuse to register the amended version of the registered how-to-vote
        card-

and inform the applicant of the Commission's decision.

(4) In determining whether to register an amended version of a registered
how-to-vote card, the Commission must have regard to the following matters-

   (a)  that the how-to-vote card clearly identifies the person, political
        party, organisation or group on whose behalf the card is to be
        distributed;

   (b)  that the size of any logo, emblem or insignia belonging to the person,
        political party, organisation or group on whose behalf the card is to
        be distributed appearing on the how-to-vote card is not less than the
        relevant prescribed size;

   (c)  in the case of a how-to-vote card to be used for an Assembly election,
        that the how-to-vote card indicates the order of voting preference for
        all candidates listed on the card or contains a statement that a
        number must be placed against the name of each candidate;





   (ca) in the case of a how-to-vote card to be used for a Council election,
        that the how-to-vote card-

   (i)  indicates a voting preference for one group in relation to which a
        square is printed on the ballot-paper under section 69B; or

   (ii) indicates the order of voting preference for all candidates whose
        names are printed opposite squares on the ballot-paper; or

   (iii) contains a statement to the effect that-

                (A)  the number 1 must be placed in the square in relation to
                     the group for which the elector votes as first
                     preference; or

                (B)  the number 1 must be placed opposite the name of the
                     candidate for whom the elector votes as first preference
                     and at least the numbers 2, 3, 4 and 5 opposite the names
                     of the remaining candidates so as to indicate by unbroken
                     numerical sequence the order of preference of contingent
                     votes;

   (d)  that the how-to-vote card contains the material required by section
        83;

   (e)  that the how-to-vote card contains the prescribed endorsement.

(5) The Commission must refuse to register an amended version of a registered
how-to-vote card if the Commission is satisfied that the card-

   (a)  is likely to mislead or deceive an elector in casting the vote of the
        elector; or

   (b)  is likely to induce an elector to mark the vote of the elector
        otherwise than in accordance with the directions on the ballot-paper;
        or

   (c)  contains offensive or obscene material.

(6) An amended version of a registered how-to-vote card cannot be handed out,
distributed or otherwise made available unless it has been registered under
this section.