106   Provisional voting

(1) Person already marked off roll
If, at a polling place at any election, any elector:

(a)  is recorded (on the authorised copy of the roll used at the polling place) as having received a ballot paper, and

(b)  claims not to have received a ballot paper,

      the elector is to be permitted to vote if the elector makes a declaration in the approved form before an election official at the polling place.

(1A)  (Repealed)

(2) Person omitted from roll
If, at a polling place in a district at any election, a person, who was enrolled for the district, but whose name was omitted from the roll for the district (for any reason), claims to be entitled to enrol for the district, the person is to be permitted to vote if:

(a)  where the person has a driver licence or a Photo Card in the person’s possession:

(i)  the person:

(A)  completes and signs a claim for enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the polling place, and

(B)  provides to that election official as proof of identity a driver licence or a Photo Card, and

(C)  makes a declaration in the approved form before that election official, and

(ii)  the election official is satisfied that:

(A)  the claim for enrolment has been properly completed, and

(B)  the person is who the person claims to be, and

(C)  the proof of identity provided shows that person’s residence is the same as the place named in the claim for enrolment as the person’s residence, or

(b)  where the person does not have a driver licence or a Photo Card in the person’s possession, the person makes a declaration in the approved form before an election official at the polling place.

(2A) Person enrolling for first time etc
If, at a polling place in a district at any election, a person, who is not enrolled for any district, claims to be entitled to enrol for the district, the person is to be permitted to vote if:

(a)  the person:

(i)  completes and signs a claim for enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the polling place, and

(ii)  provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii)  makes a declaration in the approved form before that election official, and

(b)  the election official is satisfied that:

(i)  the claim for enrolment has been properly completed, and

(ii)  the person is who the person claims to be, and

(iii)  the proof of identity provided shows that the person’s residence is the same as the place named in the claim for enrolment as the person’s residence.

Note. If a person cannot produce a driver licence or a Photo Card the person will not be permitted to vote under this subsection.

(2B) Person transferring enrolment
If, at a polling place in a district at any election, a person is enrolled for another district, but claims to be entitled to enrol for the district, the person is to be permitted to vote if:

(a)  the person:

(i)  completes and signs a claim for a transfer of enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the polling place, and

(ii)  provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii)  makes a declaration in the approved form before that election official, and

(b)  the election official is satisfied that:

(i)  the claim for a transfer of enrolment has been properly completed, and

(ii)  the person is who the person claims to be, and

(iii)  the proof of identity provided shows that the person’s residence is the same as the place named in the claim for a transfer of enrolment as the person’s residence.

Note. If a person cannot produce a driver licence or a Photo Card the person will not be permitted to vote under this subsection.

(2C) Persons enrolled after issue of writ etc
If, at a polling place in a district at any election, a person, who is enrolled for the district, but who’s name does not appear on the authorised copy of the roll at the polling place, is to be permitted to vote if the person makes a declaration in the approved form before an election official.

Note. The Electoral Commissioner may enrol a person at any time, including after the issue of a writ for an election. However, the authorised copy of a roll at a polling place only contains the names of persons who were enrolled as at the date of the issue of the writ (see section 89).

(2D)  A claim for enrolment or for a transfer of enrolment under this section must:

(a)  unless paragraph (b) applies—be witnessed by an elector or a person entitled to be enrolled (who must sign the claim in the witness’s own hand writing), or

(b)  be supported by the evidence of the claimant’s identity that is required by the regulations made under section 27 (4) (b) and (8) (if any).

(3)  For the purpose of giving effect to this section, the following provisions shall be observed:

(a)  

(i)  The form of declaration may be printed or written on an envelope addressed to the returning officer for the district and must, after being filled in, be signed by the voter in the presence of an election official, and completed and attested by him or her.

(ii)  After the declaration has been made, the election official shall hand to the voter a ballot paper.

(iii)  The voter, after receiving the ballot paper, shall without delay retire alone into an unoccupied compartment of the polling place and there in private mark his or her vote on the ballot paper.

(iv)  The voter shall then fold and fasten the ballot paper so that the vote cannot be seen without unfastening it, and at once return the ballot paper so fastened to the election official before whom he or she made the declaration.

(v)  The election official shall then in the presence of the voter forthwith enclose the ballot paper in the envelope bearing the declaration of the voter and securely fasten the envelope.

(b)  If any person makes any declaration under this section knowing that the same is untrue in any material particular he or she shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.

(c)  Every envelope containing a vote given under this section shall be promptly delivered by the polling place manager or forwarded under registered cover where practicable to the returning officer for the district.

(d)  The polling place manager must, immediately after the close of the poll, send to the returning officer advice of the number of envelopes delivered and forwarded.

(e)  The returning officer or election official assisting him or her shall in the presence of the scrutineers examine the declaration on the envelope containing the ballot paper; and, if after making such enquiries as he or she may deem necessary, it appears to him or her that:

(a)  the person who signed to the declaration:

(i)  in relation to a declaration made under subsection (2) (b) or (2C)—is entitled to vote, or

(ii)  in any other case—was, on the day of polling, entitled to be enrolled for the district, and

(b)  the declaration is duly attested,

      he or she is to accept the ballot paper for further scrutiny, but otherwise he or she must reject the ballot paper without opening the envelope.

If he or she accepts the ballot paper for further scrutiny, he or she shall open the envelope without destroying the declaration and extract the ballot paper, and shall, without unfolding it, place the ballot paper in the ballot box.

(f)  The returning officer or election official assisting him or her shall then 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 paragraph (e) and:

(i)  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

(ii)  by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.

(g)  (Repealed)

(4)  The polling place manager must, immediately after the close of the poll, send to the Electoral Commissioner any claim for enrolment and claim for transfer of enrolment submitted to an election official under this section.

(5)  Where the claim of any person to vote under this section is refused the polling place manager shall make a note in writing of the fact of the claim and the reasons for the refusal thereof.

The polling place manager and another election official shall sign the note in the presence of such scrutineers as are present.

Any of those scrutineers may also sign the note.

(6)  (Repealed)