Victorian Consolidated Legislation

Local Government Act 1989 - SECT 58

Offences relating to ballot-papers

58. Offences relating to ballot-papers



(1) A person who-

   (a)  erases, obliterates or alters any official mark, stamp or writing on
        any ballot-paper; or

   (b)  places any writing or other matter on any ballot-paper which might
        lead persons to believe that it was placed under authority-

is guilty of an offence. Penalty: 10 penalty units.

(2) A person who-

   (a)  forges or fraudulently marks, defaces or destroys a ballot-paper; or

   (b)  without authority supplies a ballot-paper to any person; or

   (c)  fraudulently puts any unauthorised ballot-paper into a ballot-box; or

   (d)  is in possession of an unauthorised ballot-paper; or

   (e)  without authority destroys, takes, opens or otherwise interferes with
        any ballot-box or parcel of ballot-papers-

is guilty of an offence. Penalty: Imprisonment for 2 years if a returning
officer, authorised person or interpreter or imprisonment for 6 months if any
other person.

(3) A person who-

   (a)  votes or attempts to vote more than once at an election; or



   (b)  fraudulently removes a ballot-paper from a ballot-box; or

   (c)  impersonates any voter-

is guilty of an offence. Penalty: Imprisonment for 6 months.

(4) A person who leaves a voting centre with a ballot-paper is guilty of an
offence.

Penalty: 1 penalty unit.

(5) A person who agrees to post a postal ballot-paper on behalf of a voter and
who fails to post the ballot-paper in accordance with the agreement is guilty
of an offence.

Penalty: 5 penalty units.

(6) It is a defence to a charge under subsection (5) if the ballot-paper was
received by the returning officer in time for the ballot-paper to be counted
in the election.