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LOCAL GOVERNMENT ACT 1995 - SECT 4.61

LOCAL GOVERNMENT ACT 1995 - SECT 4.61

4.61 .         Choice of methods of conducting election

        (1)         The election can be conducted as a —

        postal election which is an election at which the method of casting votes is by posting or delivering them to an electoral officer on or before election day; or

        voting in person election which is an election at which the principal method of casting votes is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

        (2)         The local government may decide* to conduct the election as a postal election.

        * Absolute majority required.

        (3)         A decision under subsection (2) has no effect if it is made after the 80 th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

        (4)         A decision under subsection (2) has no effect unless it is made after a declaration is made under section 4.20(4) that the Electoral Commissioner is to be responsible for the conduct of the election or in conjunction with such a declaration.

        (5)         A decision made under subsection (2) on or before the 80 th day before election day cannot be rescinded after that 80 th day.

        (6)         For the purposes of this Act, the poll for an election is to be regarded as having been held on election day even though the election is conducted as a postal election.

        (7)         Unless a resolution under subsection (2) has effect, the election is to be conducted as a voting in person election.

        [Section 4.61 amended: No. 64 of 1998 s. 25; No. 49 of 2004 s. 16(4) and 32(5).]