Division 11ADivision 11A Pre-poll voting (declared institutions)
In this Division, except in so far as the context or subject-matter otherwise indicates or requires, declared institution means an institution for the time being declared under section 114ZN to be a declared institution for the purposes of this Division.
(1) The Electoral Commissioner may declare an institution, being a convalescent home, hospital or similar institution in which a polling place has not been appointed, to be a declared institution for the purposes of this Division.(2) Notice of any declaration under this section is to be published on the Commission’s internet website at a time determined by the Electoral Commissioner.
114ZO Taking of poll at declared institutions
(1) The returning officer for a district in which a declared institution is situated may assign at least two pre-poll voting officers to take the poll at the institution.(2) The pre-poll voting officers may, on any day during the 7 days before polling day appointed by the Electoral Commissioner, enter into and remain in the institution for the purpose of taking the poll at the institution.(3) Both or at least two of the pre-poll voting officers must be present for the taking of the poll at the institution.(4) A person must not hinder or obstruct a pre-poll voting officer or scrutineer in the exercise of his or her functions in relation to voting under this Division.Maximum penalty (subsection (4)): 2 penalty units.
114ZP Entitlement to vote at declared institution
(1) An elector who:(a) is, for the time being, a temporary or permanent resident or an inpatient of a declared institution, and(b) has, by message to the returning officer for the district in which the institution is situated or a pre-poll voting officer assigned to take the poll at the institution, requested an opportunity to record his or her vote at the institution,is entitled to vote under this Division while the pre-poll voting officers are at the institution for the purpose of taking the poll.(2) An elector to whom a postal vote certificate and postal ballot paper have been issued is not entitled to vote under this Division unless he or she first delivers, for cancellation, to a pre-poll voting officer who takes the poll at the institution of which the elector is a temporary or permanent resident or an inpatient, his or her postal vote certificate and postal ballot paper.
114ZQ Duty to deliver request to vote
A person to whom any message referred to in section 114ZP (1) (b) is given for delivery to a pre-poll voting officer shall, unless otherwise ordered, on medical grounds, by a legally qualified medical practitioner, deliver the message to a pre-poll voting officer before, or forthwith after, a pre-poll voting officer enters, for the purpose of taking the poll, the declared institution of which the person making the request is a temporary or permanent resident or an inpatient.Maximum penalty: 0.5 penalty unit.
114ZQA Procedure for voting at declared institutions—general
(1) The pre-poll voting officers are to afford an elector entitled to vote under this Division the opportunity to record his or her vote by visiting the elector at the declared institution of which the elector is, for the time being, a temporary or permanent resident or an inpatient.(2) A visit to an elector must not be made under this Division if the pre-poll voting officer is informed, by a legally qualified medical practitioner or member of the staff of the declared institution of which the elector is, for the time being, a temporary or permanent resident or an inpatient, that the visit is forbidden, on medical grounds, by a legally qualified medical practitioner.
114ZQB Procedure for voting at declared institutions—voting in elector’s district
(1) This section applies to voting by an elector under this Division where the elector is enrolled for the district in which the declared institution is situated.(2) Division 8 (other than sections 95–98, 106, (2A) and (2B) and 109) extends to voting to which this section applies subject to the following modifications:(a) references to polling places are taken to be references to declared institutions,(b) references to polling place managers and election officials are taken to be references to pre-poll voting officers at the declared institution.(3) Section 114ZR (6A) and (6B) extend to voting under this section.(4) The Electoral Commissioner is to ensure that each returning officer is provided with sufficient authorised copies of the roll for the district in which a declared institution is situated for the purposes of this section.(5) The pre-poll voting officers assigned under section 114ZO to take the poll at a declared institution must ensure the security of any ballot boxes used for the purposes of this section.(6) As soon as practicable after the completion of voting at a declared institution, the pre-poll voting officers assigned under section 114ZO to take the poll at the institution must, in the presence of any other election official assisting the officers and any scrutineers who are present:(a) publicly close, fasten, seal and take charge of the ballot box used by the officers for the purposes of this section, and(b) with the least possible delay, forward it for the purposes of scrutiny to the returning officer for the district in which the declared institution is situated.(7) At the scrutiny the returning officer is to:(a) produce any ballot boxes that have been delivered to him or her in accordance with subsection (6), and(b) remove the ballot papers from the ballot boxes, and(c) open those ballot papers and count those that are formal.(8) Without affecting subsection (2), the provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act. However, any such other provision applies with any necessary modifications.
114ZR Procedure for voting at declared institutions—voting other than in elector’s district
(1) This section applies to voting by an elector under this Division where the elector is not enrolled for the district in which the declared institution is situated.(2) (Repealed)(3) A pre-poll voting officer may, and, if requested to do so by any scrutineer, shall, put to an elector visited by him or her under this Division any of the questions prescribed by section 100 (1) which are applicable to the case and, if the elector answers the questions satisfactorily or if no questions are put to the elector, the elector shall, after making a declaration in the approved form, be permitted to vote.(4) The form of the declaration referred to in subsection (3) shall be either printed or written on an envelope and shall, after being filled in, be signed by the elector in the presence of a pre-poll voting officer who shall then witness the elector’s signature.(5) Subject to subsections (6) and (6A), a pre-poll voting officer shall, after a declaration has been made by an elector in the approved form for the purposes of subsection (3), hand to the elector a ballot paper that is in or to the effect of the form prescribed in Schedule 4 or ballot papers, one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and on receiving any such ballot paper, the elector shall:(a) mark his or her vote on the ballot paper in accordance with the directions thereon in the view of the pre-poll voting officer but so that the pre-poll voting officer is unable to see what marks he or she makes on the ballot paper,(b) fold the ballot paper so that the marks made by him or her cannot be seen, and(c) at once return the ballot paper so folded to the pre-poll voting officer.(6) Before handing a ballot paper for an election for the Assembly to the elector under subsection (5), a pre-poll voting officer shall:(a) if the particulars of the candidates are not already printed on it, enter on the ballot paper:(i) the name of the electoral district for which the elector has declared that he or she is enrolled, and(ii) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(iii) if required by Division 6B, the names of registered parties or the word “Independent”, and(b) initial the front of the ballot paper.(6A) The following provisions have effect for the purpose of enabling electors engaging in pre-poll voting at a declared institution to peruse registered “how to vote” electoral material:(a) When or immediately after handing a ballot paper for an election to an elector under subsection (5) and before the elector marks the ballot paper, the pre-poll voting officer must:(i) ask the elector if the elector wishes to view any “how to vote” electoral material applicable to the election, and(ii) if the elector gives a positive response, permit the elector to peruse:(A) a folder of relevant electoral material relating to the election of a member of the Assembly for the district concerned, and(B) a separate folder of relevant electoral material relating to the periodic Council election, if such an election is being held,being a folder or folders and electoral material that comply with this subsection, and(iii) provide the elector with assistance, as far as practicable, in locating particular electoral material in a folder, if the elector requests assistance for that purpose.(b) The electoral material relating to candidates must be arranged in a folder in the order in which their names appear on the ballot paper.(c) The pre-poll voting officer must ensure that:(i) a folder and any material in the folder are used only for the purposes of perusal by electors voting at the declared institution and of inspection by scrutineers at the declared institution, and(ii) the folder is returned to the officer together with the ballot paper, and(iii) no material in the folder is copied in any way at the declared institution, other than on the ballot paper itself.(d) Electoral material relating to a candidate must not be made available for perusal under this subsection unless:(i) the material was registered under section 151G for the election and for the district concerned, and(ii) the application for registration of the material under that section indicated that it should be available for perusal under this subsection, and(iii) the electoral material complies with the requirements (if any) regarding the size and shape of the electoral material prescribed by the regulations or, if the regulations do not prescribe any such requirements, determined by the Electoral Commissioner, and(iv) any additional requirements prescribed by the regulations are satisfied.(6B) Subsection (6A) does not have effect in relation to a declared institution if no relevant electoral material is available for perusal at the institution.(7) A pre-poll voting officer shall not, for the purposes of subsection (5), hand an elector a ballot paper for a periodic Council election on which particulars relating to the candidates are not already printed until the returning officer has been notified of those particulars in accordance with section 81H (4) and has entered those particulars on the ballot paper in the manner specified in that notification.(8) On any such ballot paper being returned to him or her in accordance with subsection (5) (c), the pre-poll voting officer shall:(a) in the presence of the elector, enclose it in the envelope bearing the elector’s declaration and securely fasten the envelope, and(b) in the case of:(i) the returning officer—retain the envelope and ballot paper until the close of the poll, or(ii) another election official—as soon as practicable forward the ballot paper to the returning officer who shall deal with it in the manner provided in subsection (10).(9) When an elector has voted under this section, a pre-poll voting officer shall record the fact that the elector has voted and the date of the vote.(10) As soon as practicable after the receipt by a returning officer of a ballot paper under subsection (5) or (8), the returning officer is to deal with the ballot paper in the same manner as that in which he or she is required by section 116 to deal with an absent voter’s ballot paper.(11) Provisional pre-poll voting at declared institutions outside district
Section 106 (1), (2), (2C), (3) (a)–(d) and (5) extend to the casting of a vote of a person at a declared institution that is not in the district for which the person claims to be entitled to be enrolled, subject to the following modifications:(a) references to polling places are taken to be references to declared institutions,(b) references to polling place managers and election officials are taken to be references to pre-poll voting officers at the declared institutions.(12) Application of absent voting scrutiny provisions
Sections 117–120 extend to the scrutiny of a vote of a person at a declared institution that is not in the district for which the person claims to be entitled to be enrolled, subject to the following modifications:(a) references to absent voters ballot papers are taken to be references to the ballot papers of persons voting under this section (other than subsection (11)),(b) references to voting under section 115A are taken to be references to voting under section 106 (1), (2) and (2C) as extended by subsection (11).
114ZS Assistance to certain electors
(1) If an elector permitted to vote under section 114ZR satisfies a pre-poll voting officer:(a) that his or her sight is so impaired or that he or she is so physically incapacitated that he or she is unable to vote without assistance, or(b) that:the pre-poll voting officer shall permit a person appointed by the elector to assist the elector and the person so appointed shall, in the same manner as would be required if he or she were the elector, after making a declaration referred to in section 114ZR (3), mark a vote on the ballot paper according to the instructions of the elector and then fold and return the ballot paper to the pre-poll voting officer.(i) the day upon which the pre-poll voting officer visits the elector for the purpose of taking the poll at the declared institution of which the elector is a temporary or permanent resident or an inpatient is a day on which occurs a Jewish fast or festival, and(ii) the elector is of Jewish persuasion,(2) If any such elector fails to appoint a person as provided by subsection (1) or satisfies the pre-poll voting officer that he or she is so illiterate that he or she is unable to vote without assistance, the pre-poll voting officer, in the presence of such scrutineers as are present, shall, in the same manner as would be required if he or she were the elector, after making a declaration referred to in section 114ZR (3), mark a vote on the ballot paper according to the instructions of the elector and then fold the ballot paper.(3) The signature of an elector provided for in a declaration referred to in section 114ZR (3) may be made by a person who, pursuant to subsection (1) or (2), makes the declaration.
(1) A candidate may appoint one or more scrutineers in order to observe voting by electors under this Division.(2) Subject to subsection (3), a scrutineer so appointed is entitled to accompany the pre-poll voting officers while they are performing their duties at a declared institution.(3) If a scrutineer so appointed leaves the company of the pre-poll voting officers while they are performing their duties at a declared institution, another scrutineer so appointed may act in his or her place, but only one scrutineer is entitled, at any one time in respect of any one candidate, to accompany the pre-poll voting officers while they are performing their duties at a declared institution.(4) A scrutineer appointed under subsection (1) shall not:(a) fail or refuse to comply with any lawful direction given to him or her by a pre-poll voting officer on a visit, under this Division, to an elector,(b) interfere with or attempt to influence an elector who is voting under this Division,(c) communicate with any such elector, except so far as it is necessary to do so in the discharge of his or her functions, or(d) misconduct himself or herself when accompanying a pre-poll voting officer on a visit, under this Division, to an elector.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(5)–(7) (Repealed)Note. Section 137 contains provisions relating to the appointment of and declarations by scrutineers.
114ZU Penalty for unlawfully marking ballot paper etc
A person shall not mark or attempt or purport to mark a vote on a ballot paper handed to an elector under section 114ZQB, 114ZR or 114ZX unless he or she:(a) is that elector, or(b) is a person appointed by that elector under section 114ZS (1) or is a pre-poll voting officer acting in accordance with section 114ZS (2), or(c) is a person appointed by that elector under section 108 (1) or is a pre-poll voting officer acting in accordance with section 108 (2) (as extended by section 114ZQB (2)).Maximum penalty: 10 penalty units.
114ZV Duty of persons present when elector votes under this Division
A person who is present when an elector is visited by a pre-poll voting officer for the purpose of voting under this Division shall not:(a) fail or refuse to comply with any lawful direction given to him or her by the pre-poll voting officer, or(b) except as provided in section 108 (as extended by section 114ZQB (2)) or in section 114ZS:(i) communicate with the elector in relation to the marking of that elector’s vote,(ii) assist the elector or in any manner interfere with the elector in relation to the marking of that elector’s vote, or(iii) look at the elector’s vote or do anything which may result in his or her obtaining knowledge of the elector’s vote.Maximum penalty: 10 penalty units.
114ZW Preliminary scrutiny of ballot papers of certain electors under this Division
(1) At the scrutiny the returning officer shall produce unopened all envelopes containing ballot papers marked by electors who have voted under this Division, being ballot papers of persons claiming to be enrolled for a district for which he or she is the returning officer.(2) The returning officer is to examine the declaration on the envelope containing the elector’s ballot paper, and if the returning officer is satisfied that:(a) the elector is enrolled for the district for which the returning officer is appointed—he or she is to accept the ballot paper for further scrutiny, or(b) the elector is enrolled for some other district—he or she is to arrange for the envelope to be promptly delivered to the returning officer for the district for which the person is enrolled to be dealt with in the manner set out in subsection (2A), or(c) the person whose signed the declaration is not enrolled for any district—he or she is to disallow the ballot paper without opening the envelope.(2A) The returning officer for a district to whom an envelope is forwarded under subsection (2) (b), or an election official assisting the returning officer, must:(a) if the person who signed the declaration on the envelope is enrolled for the district and the declaration is properly attested, open the envelope and withdraw any ballot paper contained in the envelope and, without, as far as practicable, inspecting or unfolding the ballot paper or allowing any other person to do so:(i) in the case of any ballot paper for a periodic Council election, accept the ballot paper for further scrutiny and place it in the ballot box, or(ii) in the case of any ballot paper for an Assembly election, disallow the ballot paper, and(b) in any other case—reject the ballot paper without opening the envelope.(3) After dealing with all envelopes and ballot papers in the manner prescribed by subsection (2), the returning officer shall proceed with the scrutiny of the ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with subsection (2) and:(a) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(b) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.
If any elector voting under this Division satisfies a pre-poll voting officer who takes the poll at the institution in which the elector is resident that he or she has spoilt the ballot paper handed to him or her under section 114ZR (5) by reason of accident or mistake, and that ballot paper has not been enclosed in an envelope in accordance with section 114ZR (8), the pre-poll voting officer on receipt of the spoilt ballot paper, shall:(a) hand to the elector a new ballot paper, and(b) cancel and preserve the spoilt ballot paper.
114ZY Assistance for pre-poll voting officer
A pre-poll voting officer may be assisted by other election officials in the exercise of his or her functions under this Division, and a reference in this Division to a pre-poll voting officer includes a reference to other election officials so assisting him or her.