Western Australian Consolidated Acts

ELECTORAL ACT 1907

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Terms used in this Act  

   PART II -- Administration  

   4A.     Western Australian Electoral Commission  
   5.      Electoral Commissioner  
   5A.     Deputy Electoral Commissioner  
   5B.     Appointment, terms and conditions etc. of Electoral Commissioner and Deputy Electoral Commissioner  
   5C.     Removal or suspension of Electoral Commissioner or Deputy Electoral Commissioner  
   5D.     Acting appointments  
   5E.     Supplementary provisions as to Electoral Commissioner, Deputy Electoral Commissioner and Acting Electoral Commissioner  
   5F.     Functions of Electoral Commissioner  
   5G.     Delegation by Electoral Commissioner  
   5H.     Functions of Deputy Electoral Commissioner  
   6.      Enrolment officers and Returning Officers  
   7.      Substitutes  
   9.      Returning Officers  
   10.     Deputy Returning Officers  
   13.     Resignation of Returning Officer after issue of writ  
   14.     Death, resignation or removal of Returning Officer after issue of writ  
   15.     Temporary assistants  
   15A.    Declarations by officers  
   16.     Disqualification of officers  

   PART IIA -- Representation in Parliament  

           Division 1 -- Preliminary  

   16A.    Terms used in this Part  
   16B.    Electoral Distribution Commissioners  

           Division 2 -- Districts, regions and representation  

   16C.    Electoral districts and representation  
   16D.    Electoral regions and representation  

           Division 3 -- Division of State into districts and regions  

   16E.    Division required after each election  
   16F.    Commissioners’ functions  
   16G.    Basis for division of the State into districts  
   16H.    Basis for division of the State into regions  
   16I.    Matters to be considered in dividing the State into regions and districts  
   16J.    Power of Commissioners to modify boundaries of districts  
   16K.    Effect of notice dividing the State into districts and regions  
   16L.    Transitional provisions  
   16M.    Absolute majorities required for Bills affecting one vote one value principle  

   PART III -- Enrolment  

           Division (1) -- Qualification of electors  

   17.     Qualification of electors  
   17A.    Enrolled voters leaving Australia and retaining enrolment under Commonwealth Act  
   17B.    Electors with no fixed address enrolled under Commonwealth Act  
   18.     Disqualifications  

           Division (2) -- Electoral rolls  

   19.     Electoral rolls  
   22.     Form of roll  
   23.     Arrangement of rolls  
   24.     Printing of rolls  
   25.     Inspection of rolls  
   25A.    Provision of rolls and habitation indexes to parliamentary parties and members of Parliament  
   25B.    Availability of enrolment information to others  
   25C.    Provision of enrolment information to government organisations  
   25D.    Use of enrolment information  
   25E.    Prohibition of disclosure or commercial use of enrolment information  
   26.     Supplementary rolls  
   27.     Incorporation of supplementary rolls  
   28.     Amalgamation of rolls  
   29.     Rolls to be dated  
   30.     Supplementary rolls to be numbered and dated  
   31.     Arrangement with Commonwealth for single enrolment procedure  
   31A.    Arrangement with Commonwealth for sharing of certain information for revision of rolls  
   31B.    Arrangement with Commonwealth in relation to addresses on roll  
   34.     Rolls and documents not be invalidated  
   35.     Officers to furnish information  
   37.     New rolls  
   38.     Regulations relating to preparation of rolls and compulsory enrolment  
   39.     Electoral census  
   40.     Insertion or omission of names  

           Division (3) -- Additions to rolls  

   41.     Addition of names  
   42.     Claims  
   44.     Essential particulars  
   44A.    Enrolment of claimants and rejection of claims  
   45.     Compulsory enrolment  
   46.     Where enrolment officer considers qualification insufficient or incorrect  

           Division (4) -- Objections  
           (i) To claims  

   47.     Objections to claims  
           (ii) To enrolment  
   48.     Objections to enrolment  
           (iii) Powers of Electoral Commissioner on appeal  
   49.     Powers of Electoral Commissioner  

           Division (5) -- Miscellaneous  

   51.     Removal of names repeated on roll  
   51A.    Power of Electoral Commissioner to remove names of incapacitated electors  
   51AA.   Removal of name following declaration by State Administrative Tribunal  
   51B.    Request for address not to be shown on roll  
   52.     Alteration of rolls  
   53.     Time for altering rolls  
   54.     Alterations, how to be made  
   55.     Method of removing names from a printed roll  
   56.     Lists of deaths occurring in the State  
   59.     Returns in respect of certain prisoners and other persons under detention  
   60.     Removal of names from, and annotation of, roll  
   62A.    Computer records relating to roll  

   PART IIIA -- Registration of political parties  

   62B.    Scope of Part  
   62C.    Terms used in this Part  
   62D.    Register of political parties  
   62E.    Applications for registration  
   62F.    Variation of application  
   62G.    Publication of notice of application  
   62H.    Registration  
   62I.    Registration of existing parliamentary parties  
   62J.    Refusal of registration  
   62K.    Amendment of register  
   62L.    Cancellation of registration  
   62M.    Public access to register  
   62N.    Review of decisions  
   62O.    False representation as to registration  
   62P.    Request to provide information  
   62Q.    Offences relating to information  
   62R.    Evidence by certificate  

   PART IV -- Elections  

           Division (1) -- Writs  

   64.     Issue of writs for general election  
   65.     Notice to be published  
   67.     Issue of writs in cases of vacancy  
   68.     Time of issue of writs  
   69.     Form of writ  
   69A.    Close of rolls  
   70.     Date of nomination  
   71.     Date of polling  
   72.     Date of return of writ  
   74.     Address and distribution of writs  
   75.     Duty of officer on receipt of writ  
   76.     Extension of time  

           Division (2) -- Nominations  

   76A.    Qualification of persons for election  
   76B.    Disqualification of persons for election  
   77.     Candidates to nominate  
   78.     Mode of nomination  
   79.     Time for receipt of nominations  
   80.     Grouping of candidates  
   81.     Nomination paper and deposit  
   81A.    Centralised nomination procedure  
   82.     Withdrawal of nomination  
   83.     Formal defects  
   84.     Return or forfeiture of deposit  
   85.     Place of declaration of nominations and hour of nomination  
   86.     Proceedings on nomination day -- Assembly election  
   87.     Proceedings on nomination day -- Council election  
   87A.    Further duties of Returning Officer  
   88.     Death of candidate after nomination  
   89.     Failure or partial failure of election  

           Division (3) -- Voting  
           (i) Early and absent voting  

   90.     Applications for early ballot papers  
   92.     Directions for early voting  
   93.     Registration of general early voters  
   94.     Authorised witnesses  
   95.     Offences relating to postal voting  
   97.     Mistakes  
   98.     Officer to decide  
   99A.    Absent voting  
   99B.    Regulations relating to early, absent, and provisional voting  
           (ii) At the poll  
   100.    Polling places  
   100A.   Mobile portable ballot boxes at certain institutions and hospitals  
   100B.   Mobile portable ballot boxes in certain remote areas  
   101.    Arrangements for taking the poll  
   102.    Duties of Returning Officer  
   102A.   Conjoint elections  
   104.    Appointment of polling place officers  
   105.    Substitute presiding officers and powers of assistant presiding officers  
   106.    Absence of Returning Officer or presiding officer not to invalidate election  
   107.    Subdivision of polling places  
   108.    No licensed premises to be used  
   109.    Certain buildings to be used free  
   110.    Separate compartments  
   111.    Ballot boxes  
   112.    Supply of rolls  
   113.    Ballot papers  
   113A.   Voting tickets  
   113B.   Printing Council ballot papers  
   113BA.  Printing Assembly ballot papers  
   113C.   Printing of political party names or “independent” on ballot papers  
   113D.   Claims etc. may be lodged with Electoral Commissioner  
   114.    Scrutineers  
   115.    Persons present at polling  
   116.    Maintenance of order  
   117.    Conduct of the poll  
   119.    Questions to be put to voters  
   120.    Consequences of answers  
   121.    Answer conclusive  
   122.    Persons objected to -- how to vote  
   122A.   Vote of person whose name is not on roll or has been struck off roll or is on roll and cannot be found or has been struck out under section 126  
   123.    No other question or declaration necessary  
   124.    Right to vote despite error in roll or change of name on marriage  
   125.    Ballot paper to be handed to elector  
   126.    Roll to be marked on ballot paper being issued  
   127.    Vote to be marked in private  
   128.    How votes to be marked  
   129.    Assistance to electors  
   130.    Spoilt ballot papers  
   131.    Adjournment of polling on account of riot  
   132.    Adjournment in other cases  
   133.    Voting at adjourned polling  

           Division (4) -- Counting of votes (general)  

   134.    Count of votes -- how conducted  
   135.    Adjournment to be announced  
   136.    Before adjourning, ballot papers etc., to be sealed in boxes  

           Division (4a) -- Scrutiny and count (Assembly elections)  

   136A.   Application  
   137.    Power to appoint scrutineers  
   138.    Submissions by scrutineers  
   139.    Informal ballot papers  
   140.    Effect to be given to elector’s intention  
   140A.   Some ballot papers with non-consecutive preferences can be formal  
   141.    Counting places and Assistant Returning Officers  
   142.    The count of votes by Assistant Returning Officers  
   142A.   Appointment of Assistant Returning Officers for counting early, absent and provisional votes  
   143.    Returning Officer to ascertain result of poll  
   144.    Counting of votes by Returning Officers  
   145.    Tied elections  
   146.    Re-count  

           Division (4b) -- Scrutiny and count (Council elections)  

   146A.   Application and construction  
   146B.   Appointment of Assistant Returning Officers and counting places  
   146C.   Power to appoint scrutineers  
   146D.   Submissions by scrutineers  
   146E.   Informal and formal ballot papers  
   146F.   Ballot papers deemed to be marked according to voting tickets  
   146G.   Counting of votes by Assistant Returning Officers  
   146H.   Counting of votes by Deputy Returning Officers  
   146I.   Counting of votes by Returning Officers  
   146J.   Re-count  

           Division (5) -- Declaration of poll and return of the writ  

   147.    Declaration of poll and certification and return of writ  
   148.    Election not to be questioned  
   149.    Remedy for informalities in election proceedings  
   149A.   Election of unqualified or disqualified person void  

           Division (6) -- After the poll  

   150.    Returning Officer to forward statistical return and rolls to Electoral Commissioner  
   151.    Returning Officer to send election papers to Clerk of Council or Assembly  
   152.    Preservation of election papers  
   153.    Production of rolls used at election  
   154.    Election papers to be delivered to Court of Disputed Returns  
   155.    Election papers to be destroyed  
   155AA.  Papers and documents used for dual purposes  

           Division (7) -- Voting to be compulsory  

   156.    Compulsory voting  

   PART IVA -- Filling vacancies in the Council  

   156A.   Terms used in this Part  
   156B.   Notification of vacancies in the Council  
   156C.   Filling vacancy by re-count -- nominations  
   156D.   Filling vacancy by re-count -- proceedings at close of nominations  
   156E.   Filling vacancy by fresh election  

   PART V -- Disputed returns  

   157.    Method of disputing validity of elections or returns  
   158.    Requisites of petition  
   159.    Presumption as to date of return of writ  
   160.    Deposit as security for costs  
   161.    No proceedings unless requisites complied with  
   162.    Powers of Court  
   163.    Inquiries by Court  
   164.    Voiding election for illegal practices  
   165.    Court to report cases of illegal practices  
   166.    Immaterial errors not to vitiate election  
   167.    Decisions to be final  
   168.    Copies of petition etc. to be sent to House affected  
   169.    Costs  
   170.    Deposit applicable for costs  
   171.    Other costs  
   172.    Effect of decision  
   173.    Power to make Rules of Court  
   174.    Application of PART V to the election of a member of the Council by re-count  

   PART VI -- Electoral funding and disclosure of gifts, income and expenditure  

           Division 1 -- Preliminary  

   175.    Terms used in this Part  
   175A.   References and interpretation  

           Division 2 -- Agents  

   175B.   Agents of political parties  
   175C.   Agents of candidates  
   175D.   Agents of groups  
   175E.   Eligibility for, and notice of, appointment  
   175F.   Registration of agents of political parties  
   175G.   Effect of registration  
   175H.   Removal of agent’s name from register  
   175I.   Evidence of appointment  
   175J.   Responsibility when office of agent of political party vacant  
   175K.   Revocation of appointment of agent of candidate or group  
   175L.   Death or resignation of appointed agent of candidate or group  

           Division 2A -- Electoral funding  

   175LA.  Terms used in this Division  
   175LB.  General entitlement to funds  
   175LC.  Election funding reimbursement amount  
   175LD.  Claims for payment  
   175LE.  Electoral Commissioner to determine claims  
   175LF.  Circumstances in which payment to be made  
   175LG.  Amount of payment not to exceed electoral expenditure  
   175LH.  Making of payments  
   175LI.  Revocation of decision regarding payment  
   175LJ.  Death of candidate  
   175LK.  Appropriation of moneys  

           Division 3 -- Disclosure of gifts and other income  

   175M.   Relevant details of gifts  
   175N.   Annual disclosure of gifts and other income received by political parties  
   175NA.  Annual disclosure of gifts and other income received by associated entities  
   175O.   Disclosure of gifts received by candidates  
   175P.   Disclosure of gifts received by groups of candidates  
   175Q.   Disclosure of gifts received by other persons who incur expenditure for political purposes  
   175R.   Gifts must not be accepted from unidentified donors  
   175S.   Returns as to gifts and income required in all circumstances  

           Division 4 -- Disclosure of electoral expenditure  

   175SA.  Disclosure of electoral expenditure incurred by political parties  
   175SB.  Disclosure of electoral expenditure incurred by candidates  
   175SC.  Disclosure of electoral expenditure incurred by groups  
   175SD.  Disclosure of electoral expenditure incurred by other persons  
   175SE.  Returns to state that no expenditure, or no other expenditure, was incurred  
   175SF.  Two or more elections on the same day  

           Division 5 -- Miscellaneous  

   175T.   References  
   175U.   Offences  
   175V.   Recovery of payments  
   175W.   Investigations etc.  
   175X.   Inability to complete returns  
   175Y.   Extension of period for lodging annual returns  
   175Z.   Verification of information  
   175ZA.  Non-compliance with Part does not affect election  
   175ZB.  Amendment of returns  
   175ZC.  Public may obtain copies of returns  
   175ZD.  Proceedings against unincorporated parties  
   175ZE.  Public agencies to report on certain expenditure  
   175ZF.  Regulations under this Part  
   175ZG.  Report by Electoral Commissioner  

   PART VII -- Electoral offences  

   179.    Offences  
   180.    Breach or neglect by officers  
   181.    Bribery  
   182.    Definition of bribery  
   183.    Undue influence  
   184.    Definition of undue influence  
   185.    Exception  
   186.    Disqualification for bribery or undue influence  
   187.    Illegal practices  
   187A.   Purposely rendering person unable to vote or incapable of voting  
   187B.   Publication of electoral advertisements on the internet  
   188.    Punishment for illegal practices  
   189.    Gifts by candidates  
   190.    Electoral offences  
   191.    False statements in electoral papers  
   191A.   Misleading or deceptive publications etc.  
   192.    Prohibition of canvassing near polling place  
   192A.   Prohibition on dissemination of certain matter  
   193.    Restrictions as to petitions etc.  
   194.    Failure to transmit claim  
   195.    Collection of information for preparation of rolls  
   196.    Employers to allow employees leave of absence to vote  
   197.    Offenders may be removed from polling place  
   198.    Further punishment  
   199.    Expenditure on behalf of a candidate  
   199A.   Interference with political liberty  
   200.    Liability for indirect acts  
   201.    Attempt to commit an offence  
   202.    Certificate evidence  
   204.    Indictable offences  
   205.    Summary convictions  
   206.    Chapter XIV of The Criminal Code not to apply to Parliamentary elections  

   PART VIII -- Miscellaneous  

   207.    Persons who may witness signatures and take declarations  
   208.    Service of notices  
   209.    Electoral matter to be sent by post  
   210.    Electronic communication of electoral matter  
   211.    A person unable to write may make his mark  
   212.    Forms  
   213.    Regulations generally  
   213A.   Regulations affecting certain candidates  
           SCHEDULE 1 -- Counting of votes at Legislative Council elections  
           SCHEDULE 2 -- Ballot procedure  
           Compilation table