274 Application of Part and associated Schedules
(1) This Part (except Division 12) applies to the election of the councillors (by ward or area) and the mayor (by area) of an area by the persons entitled to vote in the area.(2) Schedules 7–10 do not apply to elections of the kind referred to in subclause (1).(3) Division 12 and Schedules 7–10 apply to other matters as specified in Division 12 (ie the election of a mayor or deputy mayor by councillors, the election of the members of, and the chairperson of, a county council and the conduct of constitutional referendums and council polls).
(1) In this Part:close of the poll, in relation to an election, means 6 pm on the day on which the election is held.
closing date or roll closing date, in relation to an election, means the date prescribed by clause 278 for the closing of the roll of electors for the election.
Note. Clause 278 provides that the closing date is the fortieth day preceding election day, except where the election is delayed.declared institution means an institution declared under clause 327.
declared institutions ballot-box means the ballot-box reserved for the receipt of declared institution votes.
election official means:
(a) a returning officer or substitute returning officer, or(b) an electoral official appointed by the returning officer under section 296 (3) of the Act.Electoral Commission means the New South Wales Electoral Commission constituted by section 21A of the Parliamentary Electorates and Elections Act 1912, and includes the Electoral Commissioner.
Note. Section 21A of that Act provides that:(a) the functions of the Electoral Commission are exercisable by the Electoral Commissioner, and(b) any functions conferred or imposed on the Electoral Commissioner by or under any Act may be exercised by the Electoral Commissioner in his or her official name as Electoral Commissioner or in the name of the Commission.general manager means, in relation to an election or enrolment, the general manager of the council of the area in which the election is being held or of the area to which the enrolment relates.
nomination day, in relation to an election, means the day specified in clause 286.
polling place manager, in relation to a polling place, means:
(a) the electoral official appointed by the returning officer under section 296 (3) of the Act and in charge of the polling place, or(b) the returning officer if authorised by the Electoral Commission to act as polling place manager at the polling place.postal ballot-box means the ballot-box reserved for the receipt of postal votes.
pre-poll ballot-box means the ballot-box reserved for the receipt of pre-poll votes.
pre-poll voting office means a pre-poll voting office appointed under clause 298.
pre-poll voting officer means:
(a) the returning officer, or(b) an election official assigned by the Electoral Commission or returning officer to conduct pre-poll voting.registered officer of a registered political party includes a deputy registered officer of the party.
registered political party means a political party registered under Part 7 of Chapter 10 of the Act.
section 305 vote means a vote by an elector whose name is not on the roll of electors for an election and who votes under section 305 of the Act.
silent elector means an elector whose place of living is not included on a roll of electors because of a request made under section 739 of the Act.
tendered vote means a vote tendered under clause 344.
(2) In this Part, a reference to a form by number is a reference to a form contained in Schedule 11.(3) In this Part, a reference to the Electoral Commission includes a reference to the returning officer where the Commission authorises the returning officer to exercise a specified function conferred or imposed on the Commission by this Part.
276 Election official cannot be candidate
(1) A person who is nominated for election to civic office in an area cannot be appointed as a returning officer or other election official in respect of an election in that or any other area.(2) A returning officer or other election official ceases to hold office in respect of an election in an area on being nominated for election in that or any other area.
277 Notice of changes to wards
(1) If a council divides its area into wards, abolishes all its wards, alters its ward boundaries or names or renames a ward in its area, the general manager of the council must give notice of that fact.(2) The notice is to be given:(a) by advertisement in a newspaper circulating generally in the council’s area, and(b) in writing displayed at the office of the council, and(c) in writing delivered or sent to the Electoral Commission.(3) If, as a result of the changes referred to in this clause, there are any wards that are new or that have altered boundaries, the notice must include a written description of, and a map showing, the boundaries of the new wards or boundaries as so altered.
277A Effect of changes to wards on approaching elections
(1) Application of this clause
This clause applies if a council divides its area into wards, abolishes all its wards, alters its ward boundaries, or names or renames a ward in its area. Each such action is a change for the purposes of this clause.(2) Effect on approaching election (other than by-election)
The next election (other than a by-election) held after a change is made is to be held as if the change had not been made if it was made during the period of 6 months before the roll closing date, unless the Electoral Commission approves in special circumstances determined by the Commission.(3) Effect on approaching by-election
A by-election held after a change is made and before the next ordinary election is to be held as if the change had not been made. This subclause does not apply to an alteration of ward boundaries (which is provided for by section 210 (6) of the Act).(4) Transitional
Subclause (2) does not apply in relation to the ordinary election to be held in September 2008.
277B Advertising by Electoral Commission
(1) General power to advertise
The Electoral Commission may publish (at such times as the Commission thinks fit) such electoral information as the Commission thinks fit, including but not limited to:(a) information of the fact that an election is to be held, and(b) information about:(i) the nomination process for an election, and(ii) entitlements and obligations to vote in an election, and(iii) the location of polling places for the election and who may vote at the respective polling places.(2) Types of advertising
The information may be published by way of newspaper notices, by display on the Electoral Commission’s internet website, or in any other manner the Commission thinks appropriate.(3) Coverage of advertisement
A publication of information may relate to one or more areas.(4) Relationship of clause to other provisions
This clause has effect subject to the specific requirements of clauses 280, 288 and 300, but nothing in those clauses prevents the Electoral Commission from publishing additional notices or information under this clause.
(1) For the purposes of the Dictionary to the Act, closing date is defined in this clause.(2) The closing date in relation to an election or poll is the date of the fortieth day preceding the day for the election or poll.(3) If an election or poll is delayed, the closing date in relation to it is:(a) in the case of a delay occurring before the fortieth day preceding the original day of the election or poll—the date of the fortieth day preceding the new day of the election or poll, or(b) in any other case—the date of the fortieth day preceding the original day.
For the purposes of section 301 (2) of the Act, the form of the roll of electors is a form containing the following particulars:(a) the ward (if any) and area to which the roll relates,(b) a numbered entry containing the surname, other names and address of each elector (the entry being in alphabetical order according to surname).
(1) The Electoral Commission is to give notice under clause 277B of the fact that persons are entitled to vote in an election, constitutional referendum or council poll, and are entitled to be enrolled as electors for a ward or area, if they are residents of the ward or area, or are owners, occupiers, or ratepaying lessees, of rateable land in the ward or area.(2) The notice is to invite claims for the inclusion of the names of persons in the roll of electors or for the amendment of any particulars entered in the roll against the names of persons.(3) The notice is to be given at least once in the 14 days before the roll closing date for the election, constitutional referendum or council poll. The notice is to be given by advertisement in a newspaper circulating generally in the State or another newspaper circulating in the relevant area, or both.(4) An advertisement may contain notices required by this clause relating to more than one area.(5) The Electoral Commission must cause the information contained in a notice under this clause to be published on the Electoral Commission’s internet website until at least 6 pm on the roll closing date for the election.(6) The council must cause the information referred to in subclause (5) to be published on the council’s internet website, or provide a link on its website to the relevant part of the Electoral Commission’s website, until at least 6 pm on the roll closing date for the election.
281 Enrolment claims and objections
(1) A claim under section 303 (1) (a) of the Act for inclusion of a person’s name is to be in a form containing the following particulars:(a) whether the claim is being lodged with the Electoral Commission or the general manager,(b) the person’s full name and full address,(c) the person’s date of birth,(d) whether the person is entitled to be enrolled as an elector under the Act and whether the person claims enrolment as a resident of a ward or area, or is an owner, occupier, or ratepaying lessee, of rateable land in a ward or area,(e) the full address of any such rateable land,(f) whether the person is already enrolled in another ward (if any) of the same area,(g) particulars of any relevant nomination of the person under section 270, 271 or 272 of the Act (or section 16 or 16A of the City of Sydney Act 1988).(2) A claim under section 303 (1) (a) of the Act for the amendment of any particulars entered in the roll against a person’s name is to be in a form containing the following particulars:(a) whether the claim is being lodged with the Electoral Commission or the general manager,(b) the person’s full name and full address,(c) particulars of the amendment sought.(3) A claim under section 303 (1) (a) of the Act is to be signed by the person who lodges it and to contain a statement signed by a witness to the effect that the witness saw the person sign the claim and believes, to the best of the witness’s knowledge, that the statements in the claim are true.(4) An objection under section 303 (1) (b) or (c) of the Act to the inclusion of a name or the inclusion of any particulars against a name is to be in a form containing the following particulars:(a) whether the objection is being lodged with the Electoral Commission or the general manager,(b) the name or particulars to the inclusion of which the objection is made,(c) the full name and full address of the person lodging the objection,(d) the reasons for the objection.(5) An objection under section 303 (1) (b) or (c) of the Act is to be signed by the person who lodges it and that signature is to be witnessed by a justice of the peace.
282 Competing claimants for enrolment
(1) A general manager who nominates a person under section 272 of the Act must do so on the basis of lots drawn in accordance with this clause.(2) For the purposes of this clause, the general manager writes the names of the claimants who are competing for enrolment in respect of the same parcel of land on similar slips of paper. The general manager then folds the slips so as to prevent the names being seen, mixes them, and draws one slip at random.(3) The person to be nominated is the one whose name appears on the slip that is drawn.
The Electoral Commission and general manager are to supply a reasonable number of copies of forms suitable for use for the purposes of clause 281 free of charge to any person who applies for them.
284 Request for omission of place of living from roll (non-resident electors)
For the purposes of section 739 of the Act, the prescribed form of request for the omission or removal of any matter that would disclose or discloses a person’s place of living on the roll of electors is Form 1.
284A Provision of enrolment information to candidates
(1) At the request of any candidate for an election, the Electoral Commission must provide to the candidate, free of charge and in the manner and form determined by the Commission, enrolment information consisting of:(a) a list of electors for the candidate’s ward or, if the area is not divided into wards, a list of electors for the candidate’s area, and(b) their particulars,as appearing in the roll of electors referred to in section 301 of the Act.(2) Without limiting subclause (1), the Electoral Commission may determine that enrolment information to be provided under this clause is to be provided electronically or in electronic form.
284B Use of enrolment information—application of section 31E of Parliamentary Electorates and Elections Act 1912
(1) The provisions of section 31E (1) and (2) (other than section 31E (2) (c)) of the Parliamentary Electorates and Elections Act 1912 are adopted in connection with enrolment information provided under clause 284A, with modifications so that those provisions as modified are as set out in subclauses (2) and (3), including the penalty set out at the end of subclause (2).Note. Section 748 (3) and (4) of the Act provide for the creation of offences in connection with elections and polls by adopting, with such modifications as are necessary, any of the provisions of the Parliamentary Electorates and Elections Act 1912, and for the penalty for such an offence not to exceed the penalty for the corresponding offence in that Act.(2) A person must not use enrolment information that is provided by the Electoral Commission under clause 284A except for a purpose that is a permitted purpose in relation to the person to whom the information was provided.Maximum penalty: 1,000 penalty units.
(3) A permitted purpose is any purpose in connection with an election under the Act.
284C Prohibition of disclosure or commercial use of enrolment information—application of section 31F of Parliamentary Electorates and Elections Act 1912
(1) The provisions of section 31F (other than section 31F (5)) of the Parliamentary Electorates and Elections Act 1912 are adopted in connection with enrolment information provided under clause 284A, with modifications so that those provisions as modified are as set out in subclauses (2)–(5), including the penalty set out at the end of this clause.Note. Section 748 (3) and (4) of the Act provide for the creation of offences in connection with elections and polls by adopting, with such modifications as are necessary, any of the provisions of the Parliamentary Electorates and Elections Act 1912, and for the penalty for such an offence not to exceed the penalty for the corresponding offence in that Act.(2) For the purposes of this clause, enrolment information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been provided under clause 284A.(3) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under clause 284B.(4) A person must not use protected information for a commercial purpose.(5) Without limiting subclause (4), protected information is used for a commercial purpose if it is sold or offered for sale.Maximum penalty: 1,000 penalty units.
Division 4 Notice of election and nominations
When a civic office in an area becomes vacant, the general manager of the council of the area is to give notice of the vacancy within 7 days:(a) to the Director-General and the Secretary of the Local Government and Shires Associations of New South Wales if the vacancy is in the office of a mayor elected by councillors, or(b) to the Electoral Commission, the Director-General and the Secretary of those Associations in any other case.
The date of the nomination day for an ordinary election or a by-election is the date of the fifth Wednesday before the day of the election, or such other date as the Electoral Commission determines in a particular case.
The place of nomination is determined by the returning officer, but it is to be the council’s office if practicable.
288 Notice of election and call for nomination proposals
(1) Not less than one week before the nomination day, the Electoral Commission is to give public notice of the election by advertisement in a newspaper circulating in the area.(2) The notice must:(a) invite proposals for nomination for the election, and(b) specify where nomination forms may be obtained, and(c) specify the date of the nomination day and the place of nomination, and(d) specify the date when the poll will be held for the election if more candidates are nominated than the number of councillors to be elected, and(e) give notice of the requirements under the Act for proposals for nomination (including the payment of deposits, the provision of candidate information sheets, the grouping of candidates and the creation of group voting squares).(3) The notice may contain any other information that the Electoral Commission thinks appropriate.(4) An advertisement may contain notices required by subclause (1) relating to more than one area.(5) The Electoral Commission must cause the information contained in a notice under this clause to be published on the Electoral Commission’s internet website until at least 12 noon on the nomination day for the election.(6) The council must cause the information referred to in subclause (5) to be published on the council’s internet website, or provide a link on its website to the relevant part of the Electoral Commission’s website, until at least 12 noon on the nomination day for the election.
(1) A candidate for election is to be proposed for nomination in a nomination paper:(a) in Form 2 by at least 2 proposers (other than the candidate) who are enrolled in respect of the same ward or area as the one in respect of which the candidate is proposed for nomination, or(b) in Form 3 by the registered officer of a registered political party.(2) Each candidate must be proposed on a separate nomination paper.(3) A nomination paper is not valid unless the person proposed for nomination in the paper has completed and signed the Form of Consent included in the paper.(4) A nomination paper is not in Form 2 or 3 unless:(a) it has printed on the back, or on an attached sheet, sections 274, 275, 276 and 283 of the Act, and(b) it is accompanied by a candidate information sheet that is in such form that the requirements of section 308 (1) of the Act can be satisfied, and(c) if the nomination proposal is for an ordinary election, it is accompanied by a statistical information sheet as specified in those forms.(5) A nomination paper must be delivered or sent (by post or otherwise), or transmitted by facsimile or email, so as to reach the returning officer by 12 noon on the nomination day. The returning officer must give a receipt for it if asked to do so.(5A) A nomination paper is not validly transmitted by email unless:(a) an image of the completed nomination paper signed by the proposers and the person proposed for nomination is included in or attached to the email, and(b) that image includes an image of the actual signatures as appearing on the nomination paper.(5B) The returning officer may make such inquiries as he or she thinks fit to confirm the authenticity of a nomination paper if he or she considers it appropriate to do so in the circumstances.(6) On receipt of a nomination paper, the returning officer must endorse on it the date and time of receipt.(7) The Electoral Commission is to supply a reasonable number of copies of Forms 2 and 3 free of charge to any person who applies for them.(8) A deposit for a nomination proposal is to be paid, by the person proposed for nomination or some person on his or her behalf, in cash or by a cheque issued by an authorised deposit-taking institution but not by way of personal cheque. The deposit must be paid by 12 noon on the nomination day.
290 Candidate information sheets
(1) The matters prescribed for the purposes of section 308 (2) of the Act that are to be included in a candidate information sheet are the proposed candidate’s full name and full residential address.(2) Nothing in this clause prevents the inclusion of other matters (such as the proposed candidate’s date of birth, occupation, trade and professional qualifications, membership of organisations, the registered party (if any) that has endorsed the proposed candidate, statements as to the proposed candidate’s policies and beliefs, and other qualifications relevant to the proposed candidature).(3) A candidate information sheet must be written or typed on a form supplied by an election official. The form is to consist of one side of an A4 sheet of paper.(4) As soon as practicable after a candidate is nominated, the Electoral Commission must cause the information contained in the candidate’s information sheet to be published on the Electoral Commission’s internet website until at least election day. The Electoral Commission may edit the format in which the information is presented on the website and may delete any material the Commission thinks inappropriate to be included.(5) The council must cause the information referred to in subclause (4) to be published on the council’s internet website, or provide a link on its website to the relevant part of the Electoral Commission’s website, until at least election day.
291 Withdrawal of nomination proposals
(1) Manner of withdrawal
A nomination proposal may be withdrawn by the delivery or sending (by post or otherwise), or the transmission by facsimile or email, to the returning officer of a notice in writing signed personally by the person proposed for nomination.(2) Timing of withdrawal
The notice must be delivered, sent or transmitted so as to reach the returning officer by 12 noon on the nomination day.(3) Emailed withdrawal notice
The notice is not validly transmitted by email unless:(a) an image of the completed notice signed by the person proposed for nomination is included in or attached to the email, and(b) that image includes an image of the actual signature as appearing on the notice.(4) Inquiries as to authenticity of withdrawal notice
The returning officer may make such inquiries as he or she thinks fit to confirm the authenticity of a withdrawal notice if he or she considers it appropriate to do so in the circumstances.
292 Multiple nomination proposals
(1) If a person has been proposed for nomination in respect of more than one ward in an area, and by 12 noon on the nomination day there are still proposals for the nomination of the person in respect of more than one ward in that area, those proposals are all invalid.(2) A proposal for nomination for election as councillor is invalid if it is made by a person who has already proposed as many candidates for election as councillor for an area or ward as there are councillors to be elected for that area or ward.(3) A proposal for nomination for election as mayor of an area is invalid if it is made by a person who has already proposed a candidate for election as mayor of that area.(4) Subclauses (2) and (3) do not apply in any case where the proposals referred to are made by the registered officer for a political party registered in the Local Government Register of Political Parties.
(1) A deposit in respect of the nomination of a person (the candidate) is to be returned if:(a) the candidate withdraws the proposal for nomination or cannot be nominated because the candidate is not qualified to hold civic office, or(b) the candidate dies before election day, or(c) the candidate is elected (whether or not a poll is taken), or(d) the candidate receives at least 4 per cent of the total number of formal first preference votes, or(e) the name of the candidate appears in a group on the ballot-papers and any candidate whose name appears in that group is elected or receives at least 4 per cent of the total number of formal first preference votes, or(f) a poll is not taken in the ward or area for which the candidate has been nominated.(2) The deposit that is to be returned under subclause (1) is to be returned:(a) to the candidate (or to some person authorised in writing by the candidate to receive it), unless paragraph (b) applies, or(b) to the candidate’s personal representatives, if the candidate died before election day.(3) A deposit that is not required to be returned is to be forfeited to the council.
294 Inspection of names of persons proposed for nomination
(1) A person is to be allowed, at any reasonable time in office hours, to inspect, without charge, a list prepared by the returning officer of:(a) the full names of persons proposed for nomination, and(b) the names under which those persons have requested, in the consents to their nomination papers, that they be shown on the ballot-papers, and(c) the suburb, town or other locality of the place of living as enrolled of those persons (as stated on the nomination papers).(2) A copy of the list in its current form must be displayed at the office of the returning officer between the time when the first name is placed on the list and noon on the nomination day.
295 Returning officer to nominate candidates
(1) On the nomination day, and in the presence of such scrutineers and such reasonable number of other persons as choose to be present, the returning officer is to do the following, commencing at 12 noon:(a) attend at the place of nomination, and(b) announce any withdrawals of nominations, and(c) cancel the nomination papers of the persons who have withdrawn, and(d) nominate as candidates for election the persons whose nomination papers the returning officer believes to be valid and that have not been cancelled.(2) The name under which the returning officer is to nominate a person as a candidate for election is:(a) the name under which the person has requested, in the consent to that person’s nomination paper, that the person be shown on the ballot-papers, or(b) if the returning officer is not satisfied that that name is either one of the given names of the person or a generally recognised abbreviation or derivative of one of the given names together with the full surname of the person—the first given name and the surname of the person.(3) On or as soon as practicable after the nomination day, the returning officer is to deliver or send to the Electoral Commission a list or lists of:(a) the persons proposed for nomination and the names under which the persons have requested, in the consents to their nomination papers, that they be shown on the ballot-papers and of the wards or area for which they are proposed, and(b) the persons nominated as candidates under subclause (1).
296 Declaration of uncontested election
(1) If, on the nomination day, candidates are taken to be elected in accordance with section 311 of the Act, the returning officer must, at the place and time of nomination, declare in writing the names of the candidates so elected.(2) The declaration is to be signed by the returning officer and is to state the names of the candidates declared elected (being the names under which those candidates were nominated by the returning officer) and the ward or area for which they have been elected.(3) After declaring the election, the returning officer must:(a) display the written declaration in a conspicuous position at the office of the relevant council and at the place of nomination (if that place is not the office of the council), and(b) deliver or send a copy of the written declaration to the Electoral Commission, the Director-General, the Secretary of the Local Government and Shires Associations of New South Wales, and the relevant general manager, and(c) insert a copy of the written declaration in a newspaper circulating in the relevant area.(4) The general manager of a council must, on application to the council by any person, deliver or send to the person a copy of the written declaration.
(1) At least one polling place is to be appointed by the Electoral Commission for each ward.(2) If an area is divided into wards, at least one polling place is to be appointed by the Electoral Commission for all wards, at which a person enrolled in any such ward may vote.(3) (Repealed)
(1) The Electoral Commission must appoint one or more places as pre-poll voting offices for the purpose of enabling electors to vote in person before election day.(2) The office of the returning officer is taken to be appointed as a pre-poll voting office under subclause (1).Note. Subdivision 4 of Division 7 of Part 11 (clauses 332 and 332A) provides for mobile booths for the purposes of voting.
Division 6 Preparation for poll
A contested election is to be determined by ballot.Note. Section 309 of the Act specifies the circumstances in which a contested election is to be held.
300 Notice of contested election
(1) If there is to be a contested election in respect of any ward or area, the Electoral Commission must on the nomination day or as soon as practicable afterwards publish a notice stating the following:(a) that a poll will be taken in respect of the ward or area,(b) the date of the poll,(c) the full names of the persons who have become candidates and the names under which those persons have been nominated as candidates,(d) the names of the political parties (if any) that must be printed adjacent to the names of the candidates on the ballot-papers,(e) whether the word “Independent” must be printed adjacent to the name of any candidate on the ballot-papers,(f) the location of the polling places where the poll will be taken on election day,(g) the location of the pre-poll voting office or offices and the hours between which and the days on which electors may vote at the pre-poll voting office or offices.(2) The Electoral Commission must also notify the matters referred to in subclause (1) (and any other matters that the Electoral Commission determines should be notified) in a newspaper circulating in the area and in a written notice posted at the council’s office.(3) As soon as practicable after the nomination day, the Electoral Commission must cause a list of those details to be displayed on the Commission’s internet website until at least election day.
301 Claims for grouping of candidates
(1) This clause applies to a claim under section 308A (Grouping of candidates) of the Act.(2) A claim must be in writing in the form approved by the Electoral Commission to be effective.(3) A claim is of no effect if:(a) the name of any candidate included in the claim is included in any other claim, or(b) the claim is withdrawn by the candidates who made the claim by a notice in writing in the form approved by the Electoral Commission delivered or sent to the returning officer so as to reach the returning officer before noon on the nomination day.(4) On receipt of a claim or notice of withdrawal of a claim, the returning officer must endorse on it the date and time of receipt.
302 Order of ungrouped candidates and groups on ballot-papers
If after noon on the nomination day there are:(a) two or more candidates, not included in a group, for the election, the returning officer must immediately hold a ballot in accordance with clause 303 to determine the order of those candidates’ names on the ballot-papers, or(b) two or more groups of candidates for the election, the returning officer must immediately hold a ballot in accordance with clause 304 to determine the order of those groups on the ballot-papers.
303 Determining the order of ungrouped candidates on ballot-papers
(1) A ballot referred to in clause 302 (a) is to be conducted in the following manner:(a) the returning officer must, at the place of nomination and before all persons present, make out in respect of each candidate a slip bearing the name under which the candidate has been nominated,(b) the returning officer must then enclose the slips in separate identical containers, securely seal each container and deposit all the containers in a securely fastened ballot-box,(c) the returning officer must then shake and rotate the ballot-box and, on request, permit any other person present to do the same,(d) the returning officer must then unfasten the ballot-box and take out and open each container one by one,(e) the returning officer must then announce to the persons present and record the name of the candidate whose name appears on the slip enclosed in the container first taken from the ballot-box and, in consecutive order, the name of the candidate whose name appears on the slip enclosed in the container next taken from the ballot-box, and so on until the placing of all the names has been determined,(f) the returning officer must sign the record and allow any of the persons present to do the same,(g) the returning officer must promptly deliver or send the original of the record to the Electoral Commission.(2) Each candidate or an agent of each candidate is entitled to be present at a ballot in accordance with this clause.
304 Determining the order of groups of candidates on ballot-papers
(1) A ballot referred to in clause 302 (b) is to be conducted in the following manner:(a) the returning officer must, at the place of nomination and before all persons present, make out in respect of each group of candidates a slip bearing the surname of every candidate in the group and, if the returning officer considers it necessary to do so, the given names or the initial letter or letters of the given names of every candidate in the group,(b) the returning officer must then enclose the slips in separate identical containers, securely seal each container and deposit all the containers in a securely fastened ballot-box,(c) the returning officer must then shake and rotate the ballot-box and, on request, permit any other person present to do the same,(d) the returning officer must then unfasten the ballot-box and take out and open each container one by one,(e) the returning officer must then write the word “Group” followed by the letter “A” on the slip enclosed in the container first taken from the ballot-box and write the word “Group” followed by the letter “B” on the slip enclosed in the container next taken from the ballot-box, and so on until the word “Group” and a successive letter of the English alphabet (or, if there are more than 26 groups, a distinctive symbol determined by the returning officer) have been written on each slip,(f) the returning officer must then announce to the persons present, and record, the names of the candidates in each group and include in that record, before the names of the candidates in each group, the word “Group” followed by the identifying letter or symbol determined in respect of that group in accordance with paragraph (e),(g) the record must be signed by the returning officer and may also be signed by any of the persons present,(h) the returning officer must promptly deliver or send the original of the record to the Electoral Commission.(2) Each candidate or an agent of each candidate is entitled to be present at a ballot in accordance with this clause.
(1) The returning officer is to have ballot-papers printed for the election and is to provide a sufficient number of ballot-papers to be initialled and used for the election.(2) Every ballot-paper must contain a mark that has been determined by the Electoral Commission.(3) In printing the ballot-papers for an election in which there are no groups, the names of the candidates are to be printed in one column (starting at the top) in the order determined as referred to in clause 302 (a).(4) In printing the ballot-papers for an election:(a) in which there is only one group, the names of candidates included in that group are to be printed in a group before the names of candidates, if any, not included in that group, and(b) in which there are 2 or more groups, the names of candidates included in the groups are to be printed in groups across the ballot-papers (starting from the left side) in the order determined as referred to in clause 304 (1) (b), before the names of candidates, if any, not included in any such group, and(c) the order, within a group, in which the names of candidates in that group are to be printed in the ballot-papers is the order specified in the claim made by them under section 308A of the Act, and(d) the names of candidates, if any, not included in any group are to be printed as a group, without any identification referred to in subclause (5), on the ballot-papers in the order determined as referred to in clause 304 (1) (a).(5) In printing the ballot-papers, each group (and each group voting square relating to the group) is to be identified by the word “Group” followed by a successive letter of the English alphabet, starting with the letter “A”, and if there are more than 26 groups each group (and each group voting square relating to the group) after the twenty-sixth is to be identified by such symbol as may be determined by the Electoral Commission.(6) If 2 or more persons have been endorsed by a political party as candidates in an election and a claim has been made to include the names of those candidates in a group on the ballot-papers, the following requirements apply to the printing of the ballot-papers:(a) the name of the party by which each candidate was endorsed is to be printed adjacent to the name of that candidate on the ballot-papers,(b) if all the candidates were endorsed by the same party and a group voting square is printed on the ballot-papers in relation to the candidates—the name of the party is to be printed on the ballot-papers adjacent to that square,(c) if an application under section 321 of the Act included a request that a composite name be printed on the ballot-papers adjacent to the candidates’ group voting square—the composite name is to be printed on the ballot-papers adjacent to that square.(7) The ballot-papers must show as the names of the candidates the names under which they were nominated. The names may be accompanied by descriptions or additions to distinguish them from each other in any case where a similarity in the names of 2 or more candidates is, in the opinion of the returning officer, likely to cause confusion.(8) For an election in which there are no groups, the ballot-papers are to be in Form 4. For an election in which there are one or more groups but no group has a group voting square, the ballot-papers are to be in Form 5. For an election in which there are one or more groups and one or more groups has a group voting square, the ballot-papers are to be in Form 6.Note. Section 323 of the Act requires the name of a party or the word “Independent” to be printed as well in certain circumstances.
309 Supply of rolls and ballot-papers
(1) On or before the day of polling the returning officer is to:(a) provide for use at each polling place sufficient copies certified under his or her hand to be true copies of the roll of electors for the ward or area in which the poll is to be taken, and(b) deliver to each polling place manager, and retain, such numbers of the ballot-papers as are sufficient for the use of the electors entitled to vote at each polling place.(2) The returning officer is to keep an exact count of all those ballot-papers.(3) The returning officer is to retain for use at his or her office:(a) at least one true copy of the roll of electors for the ward or area in which the poll is to be taken, and(b) such number of ballot-papers as the returning officer considers will be required for the use of electors who are permitted to vote at his or her office before election day.(4) The returning officer is to keep an exact count of those ballot-papers.
310 Return of numbers of ballot-papers before poll
Not later than the day before election day, the returning officer is to deliver or send to the Electoral Commission a return of the following numbers of ballot-papers:(a) the numbers ordered and received from the printer,(b) the numbers issued as postal ballot-papers,(c) the numbers issued for use at pre-poll voting offices, declared institutions and polling places,(d) the numbers not issued at all.
311 Ballot-paper to be initialled
A ballot-paper, before being delivered or sent to an elector, is to be initialled on the front by an election official.
312 Ballot-paper may be photocopied, written or otherwise reproduced
(1) If a polling place, pre-poll voting office or declared institution does not have or runs out of ballot-papers printed in accordance with clause 305, the returning officer, polling place manager or other election official in charge at the time may have the ballot-paper reproduced by photocopying or writing or may use copies obtained by facsimile or email.(2) A ballot-paper so reproduced or obtained is still required to be in Form 4, 5 or 6 and is to be in the same general format as the ballot-paper printed in accordance with clause 305.(3) A ballot-paper so reproduced or obtained and complying with subclause (2) is as valid as a form printed in accordance with clause 305.
Division 7 Postal and other special types of voting
313 Postal voting: qualifications
A person is qualified for a postal vote under this Subdivision if the person:(a) will not throughout the hours of polling on election day be within the ward or area for which the election is being held, or(b) will not throughout the hours of polling on election day be within 8 kilometres by the nearest practicable route of any polling place at which he or she is entitled to vote, or(c) will throughout the hours of polling on election day be travelling under conditions that prevent him or her from attending at any such polling place to vote, or(d) is seriously ill or disabled and so will be prevented from attending at any such polling place to vote, or(e) is prevented by approaching maternity from attending at any such polling place to vote, or(f) is, by reason of that person’s membership of a religious order or religious beliefs, prevented from attending at any such polling place or prevented from voting throughout the hours of polling on election day or throughout the greater part of those hours, or(g) is, by reason of that person being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), prevented from attending at any such polling place to vote, or(h) will be, at a place other than a hospital, caring for another person who requires his or her care for medical reasons and so will be prevented from attending at any such polling place to vote, or(i) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on election day, be prevented from attending at any such polling place to vote, or(j) is a silent elector.
314 Postal voting: application
(1) Qualified persons may apply
A person qualified under this Subdivision may apply to the returning officer for a postal ballot-paper and postal voting envelope.(2) Form, completion and witnessing of application
The application:(a) is to be in Form 7, and(b) is to be completed and signed by the applicant, and(c) is to be witnessed as shown on the application.(3) Despatch of application to returning officer
The application:(a) must be delivered or sent (by post or otherwise), or transmitted by facsimile or email, so as to reach the returning officer between the roll closing date and 5 pm on the fifth day before election day, and(b) if received by the returning officer within that period, is to be given a number.(4) Physical delivery or sending of application
If the application is to be delivered or sent (by post or otherwise) to the returning officer but not transmitted by facsimile or email, the application:(a) is to be placed by the applicant in an envelope addressed to the returning officer and sealed, and(b) is to be delivered or sent directly to the returning officer by the applicant (or if the applicant is physically incapable of delivering or sending the application and entrusts it to another person for that purpose, by that person).(5) Emailed application
If the application is be emailed to the returning officer, the application is not validly transmitted by email unless:(a) an image of the completed application signed by the elector and witness is included in or attached to the email, and(b) that image includes an image of the actual signatures as appearing on the application.(6) Inquiries as to authenticity of application
The returning officer may make such inquiries as he or she thinks fit to confirm the authenticity of an application if he or she considers it appropriate to do so in the circumstances.Note. Clause 388A provides that an application for postal voting is taken to be duly made if an elector intending to vote by a postal vote applies under that clause for a ballot-paper in braille format.
315 Registration of general postal voters
(1) An elector who is registered as a general postal voter for the purposes of the Parliamentary Electorates and Elections Act 1912 is taken to be registered as a general postal voter for the purposes of the Local Government Act 1993 without further application under the latter Act.(2) The elector is taken to be so registered for the ward or area corresponding to the address in respect of which the elector is registered as a general postal voter under the Parliamentary Electorates and Elections Act 1912.(3) The elector must be so registered not later than 6 pm on the roll closing date for an election if the applicant is to be treated as a general postal voter for the election.
316 Electors entitled to postal vote
(1) An elector who duly applies for a postal vote or is registered as a general postal voter is entitled to make a postal vote in the ward or area to which the elector’s application or registration relates.(2) The Electoral Commission must forward to the returning officer as soon as possible after the nomination day for an election a list of those general postal voters registered under the Parliamentary Electorates and Elections Act 1912 who are entitled to vote at an election in respect of a ward or area.(3) The list, when forwarded under subclause (2), must be accompanied by some indication of the signatures of the voters as those signatures appear on the applications they made for registration as general postal voters.
317 Issue of postal ballot-paper
(1) On receiving the elector’s duly made application for a postal vote or the list on which the elector’s name appears, the returning officer is to:(a) make a record that a ballot-paper is being issued to the elector, and(b) deliver or send to the elector a ballot-paper that is initialled on the front by an election official, and(c) deliver or send to the elector an envelope bearing both the address of the returning officer and a form of declaration in Form 8 on which the returning officer has filled in the full name of the elector, the address of the land to which the elector’s voting entitlement relates, the date of the election and the names of the area and the ward (if any) and the number (if any) given to the elector’s application or registration as referred to in this Subdivision.(2) Ballot-papers and envelopes delivered or sent under this clause to a non-resident postal voter are to be delivered or sent to the residential address of that elector.Note. The Electoral Commission can (under section 296 (6) of the Act) determine a procedure for the notification by the returning officer of election officials as to the issue of postal ballot-papers.
(1) To make a postal vote, an elector is to:(a) show to a witness the ballot-paper and Form 8 declaration delivered or sent by the returning officer under clause 317, and(b) in the presence of the witness, and if the facts on the declaration are correct, sign the declaration in the space provided.(2) The witness is to sign the declaration and complete the spaces in it for the address of the witness and the date on which the declaration is signed. The witness is to do those things only if the witness:(a) is at least 18 years old and is not a candidate, or agent of a candidate, for civic office in the area in which the election is being held, and(b) is satisfied as to the elector’s identity, and(c) has seen the elector sign the declaration, and(d) knows, from personal knowledge or after reasonable inquiry, that the statements in the declaration are true.(3) The elector is then to do the following in the presence of the witness, but without showing the witness how the elector has voted:(a) vote as directed on the ballot-paper,(b) fold the ballot-paper so that the vote cannot be seen,(c) place the ballot-paper in the envelope addressed to the returning officer and close and seal the envelope.(4) The elector is then to deliver or send the envelope, or have it delivered or sent, so as to reach the returning officer before 6 pm on the first business day following election day.(5) An envelope containing or purporting to contain a postal ballot-paper is taken to have been received by the returning officer if it is delivered to the polling place manager at any polling place between 8 am and 6 pm on election day. The envelope is to be placed in the ballot-box at the polling place.(6) An elector to whom a ballot-paper has been delivered or sent under this Subdivision is not entitled to vote at a polling place without first surrendering the ballot-paper and the declaration envelope to the polling place manager at the polling place.(7) However, if the elector makes a declaration in Form 9 that the elector has not received, or has lost, the ballot-paper or the declaration envelope or both and that the elector will not use them if he or she later receives or finds them, the elector may be permitted to vote.Note. See clause 387 as to spoilt ballot-papers and clause 388 as to the assistance of electors.
319 Closing time for postal vote
A postal vote that does not reach the returning officer before 6 pm on the first business day following election day is not valid and must not be counted.
320 Receipt of postal ballot-papers
(1) If the returning officer receives an envelope containing or purporting to contain a postal ballot-paper before 6 pm on the first business day following election day, the officer is to make an appropriate record of the receipt of the envelope.(2) The returning officer is to place the envelope unopened in the postal ballot-box.(3) (Repealed)
Subdivision 2 Pre-poll voting at pre-poll voting offices
321 Pre-poll voting qualifications
A person is qualified to vote before election day under this Subdivision if the person:(a) will not throughout the hours of polling on election day be within the ward or area for which the election is being held, or(b) will not throughout the hours of polling on election day be within 8 kilometres by the nearest practicable route of any polling place at which he or she is entitled to vote, or(c) will throughout the hours of polling on election day be travelling under conditions that prevent him or her from attending at any such polling place to vote, or(c1) is disabled and so will be prevented from attending at any such polling place to vote, or(c2) is prevented by approaching maternity from attending at any such polling place to vote, or(d) is, by reason of that person’s membership of a religious order or religious beliefs, prevented from attending at any such polling place or prevented from voting throughout the hours of polling on election day or throughout the greater part of those hours, or(e) will be, at a place other than a hospital, caring for another person who requires his or her care for medical reasons and so will be prevented from attending at any such polling place to vote, or(f) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on election day, be prevented from attending at any such polling place to vote, or(g) is a silent elector.
(1) Application may be made
A person qualified under this Subdivision may apply for a pre-poll ballot paper. The application is to be made orally:(a) by the elector in person, and(b) to a pre-poll voting officer at a place, on a day and during hours, respectively appointed by or under clauses 298 and 326.(2) Oral declaration by elector
The elector is to make an oral declaration to a pre-poll voting officer stating:(a) the name under which the elector claims to vote and such other particulars as the officer requires for the purpose of checking the name on the roll of electors, and(b) that the elector is entitled to vote at the election, and(c) that the elector has not already voted in connection with the election and will not vote anywhere else in connection with the election, and(d) the ground on which the elector is making the application.(3) Written declaration by elector
The elector is then to make a written declaration. The declaration:(a) is to be in Form 10, and(b) is to be printed or written on a ballot-paper envelope, and(c) is to be obtained by the applicant from the pre-poll voting officer, who, before handing it to the applicant, must fill in on the declaration:(i) the name of the area and ward (if any), and(ii) the full name and full address of the elector, and(d) is to be completed and signed by the elector in the presence of the officer, and(e) is to be returned to the officer who is to witness the elector’s signature.Note. Form 10 also includes the declaration to be made by an elector whose name does not appear on the roll of electors.(4) Questions
A pre-poll voting officer may, and must if requested to do so by any scrutineer, put to the elector who made the application under this clause any of the questions set out in clause 339 that are applicable to the case.(5) Ballot-paper to be handed to elector
If:(a) the elector answers the questions satisfactorily or no questions are to be put to the elector, and(b) the elector makes the declaration under subclause (3),the pre-poll voting officer must hand to the elector a ballot-paper in Form 4, 5 or 6 that is initialled on the front by the officer.(6) Record of voting
The pre-poll voting officer is to make an appropriate notation on the roll of electors to show that the elector has received a ballot-paper.(7) Ballot-paper to be completed and given to officer
On receiving a pre-poll ballot-paper, the elector is:(a) to mark his or her vote on the ballot-paper in accordance with the directions on it in view of the pre-poll voting officer but so that the officer is unable to see the vote, and(b) to fold the ballot-paper so that the vote cannot be seen, and then return the ballot-paper so folded to the officer.(8) How ballot-paper to be dealt with by officer
When a ballot-paper has been so returned to the pre-poll voting officer, the officer must, in the presence of the elector:(a) enclose the ballot-paper in the envelope bearing the elector’s declaration and seal the envelope, and(b) put the sealed envelope in the pre-poll ballot-box.
324 Pre-poll ballot-box to be delivered or sent to returning officer
A pre-poll ballot-box is to be delivered or sent unopened to the returning officer as soon as the ballot-box is no longer required for further voting.
325 Surrender of postal ballot-papers
An elector to whom a postal ballot-paper and form of declaration have been issued is not entitled to vote in accordance with this Subdivision unless the elector first delivers to a pre-poll voting officer the elector’s postal ballot-paper and form of declaration for cancellation.
326 Pre-poll voting offices and times
(1) The pre-poll voting office for the returning officer is to be used for the purpose of enabling electors to vote in person before election day in accordance with this Subdivision during the ordinary office hours of the council between the twelfth and second day before election day, between 9 am and 6 pm on the day preceding election day and during such further period on any such day as the Electoral Commission may determine.(2) In addition, one or more other pre-poll voting offices are to be used for the purpose of enabling electors to vote in person before election day in accordance with this Subdivision between such hours and on such day or days, being between the twelfth and first days before election day, as the Electoral Commission may determine for that office.(3) The pre-poll voting officer at each pre-poll voting office is to ensure that a copy of each candidate information sheet is displayed at the pre-polling voting office.(4) Nothing in this clause prevents the offices referred to in this clause from being used for other purposes in connection with the election.Notes.1 The Electoral Commission can (under section 296 (6) of the Act) determine a procedure for the notification by the returning officer of election officials (and vice versa) as to the issue of pre-poll ballot-papers.
2 See clause 387 as to spoilt ballot-papers and clause 388 as to the assistance of electors.
Subdivision 3 Declared institution voting
(1) The Electoral Commission may, not later than on the nomination day, declare an institution in an area to be a declared institution for the purpose of enabling permanent or temporary residents of the institution who are electors of the area to vote in person before election day.(2) An institution may be declared under this clause only if it is a nursing home, hospital or similar institution in which a polling place has not been appointed.
328 Taking of poll at declared institutions
(1) The returning officer for an area in which a declared institution is situated must assign one or more pre-poll voting officers to take the poll at the institution.(2) The pre-poll voting officers may, on any one or more of the fifth, fourth and third days before election day, enter into and remain in the institution for the purpose of taking the poll at the institution.
329 Entitlement to vote at declared institutions
(1) An elector who:(a) is, for the time being, a permanent or temporary resident of a declared institution, and(b) has, by message to the returning officer for the area 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 Subdivision 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 Subdivision 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 permanent or temporary resident, his or her postal vote certificate and postal ballot paper.(3) A person to whom any message referred to in subclause (1) (b) is given for delivery to a pre-poll voting officer must, 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 permanent or temporary resident.Maximum penalty: 0.5 penalty unit.
330 Procedure for voting at declared institutions
(1) Opportunity to vote to be given
The pre-poll voting officers must afford an elector entitled to vote under this Subdivision 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 permanent or temporary resident.(2) Visit may be forbidden on medical grounds
A visit to an elector must not be made under this clause 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 permanent or temporary resident, that the visit is forbidden, on medical grounds, by a legally qualified medical practitioner.(3) Oral declaration by elector
The elector is to make an oral declaration to a pre-poll voting officer stating:(a) the name under which the elector claims to vote and such other particulars as the officer requires for the purpose of checking the name on the roll of electors, and(b) that the elector is entitled to vote at the election, and(c) that the elector has not already voted in connection with the election and will not vote anywhere else in connection with the election.(4) Written declaration by elector
The elector is then to make a written declaration. The declaration:(a) is to be in Form 10, and(b) is to be printed or written on a ballot-paper envelope, and(c) is to be obtained by the elector from the pre-poll voting officer, who, before handing it to the elector, must fill in on the declaration:(i) the name of the area and ward (if any), and(ii) the full name and address of the elector, and(d) is to be completed and signed by the elector in the presence of the officer, and(e) is to be returned to the officer who is to witness the elector’s signature.Note. Form 10 also includes the declaration to be made by an elector whose name does not appear on the roll of electors.(5) Questions
A pre-poll voting officer may, and must if requested to do so by any scrutineer, put to an elector visited by him or her under this Subdivision any of the questions set out in clause 339 that are applicable to the case.(6) Ballot-paper to be handed to elector
If:(a) the elector answers the questions satisfactorily or no questions are to be put to the elector, and(b) the elector makes the declaration under subclause (4),the pre-poll voting officer must hand to the elector a ballot-paper in Form 4, 5 or 6 that is initialled on the front by the officer.(7) Record of voting
The pre-poll voting officer is to make an appropriate notation on the roll of electors to show that the elector has received a ballot-paper.(8) Ballot-paper to be completed and given to officer
On receiving the ballot-paper, the elector is:(a) to mark his or her vote on the ballot-paper in accordance with the directions on it in the view of the pre-poll voting officer but so that the officer is unable to see the vote, and(b) to fold the ballot-paper so that the vote cannot be seen, and then return the ballot-paper so folded to the officer.(9) How ballot-paper to be dealt with by officer
When a ballot-paper has been so returned to the pre-poll voting officer, the officer must, in the presence of the elector:(a) enclose the ballot-paper in the envelope bearing the elector’s declaration and seal the envelope, and(b) put the sealed envelope in the declared institutions ballot-box.
331 Declared institutions ballot-box to be delivered or sent to returning officer
A declared institutions ballot-box is to be delivered or sent unopened to the returning officer as soon as the ballot-box is no longer required for further voting.
332 Mobile booths in convalescent homes, hospitals or similar institutions
(1) Mobile polling may take place for the purposes of the Act in any convalescent home, hospital or similar institution in accordance with section 87A of the Parliamentary Electorates and Elections Act 1912.(2) Section 87A of the Parliamentary Electorates and Elections Act 1912 applies to voting at a mobile polling booth under the Act in any convalescent home, hospital or similar institution in the same way as it applies to voting at a mobile polling booth under the Parliamentary Electorates and Elections Act 1912.(3) No offence under the Parliamentary Electorates and Elections Act 1912 (as applied by this clause) applies under this Regulation.
332A Mobile booths for pre-poll voting in remote local government areas
(1) Electoral Commission’s functions
The Electoral Commission:(a) may declare an area to be a remote area for the purposes of this clause, and(b) may determine the places in that area that a team will visit for the purposes of this clause, and(c) may determine the days and times when a team will visit those places (such a day must be after nomination day and before election day or a day to which the polling is adjourned), and(d) must take such steps as it thinks fit to give public notice of:(i) the places determined under paragraph (b), and(ii) the days and times determined under paragraph (c) when a team will visit such a place for the purposes of this clause.(2) Teams
A team consists of two or more election officials, one of whom must be a pre-poll voting officer who is designated by the Electoral Commission as team leader. The team leader is to exercise the functions of the pre-poll voting officer under the following provisions of this clause.(3) Visits and variation of places, days or times
A team must make a visit or visits as notified under subclause (1) (d), but, if the team is unable for reasonable cause, or the pre-poll voting officer considers it inappropriate, to make such a visit, the officer may substitute another place, day or time for the visit and, in that event, must:(a) take such steps as he or she thinks fit to give public notice of the substituted place, day or time, and(b) inform the Electoral Commission.(4) Failure to visit does not invalidate election result
Any failure by a team to make a visit in accordance with this clause does not invalidate the result of the election.(5) Voting
At any time when a team is at a place for the purposes of taking votes under this clause in an election:(a) the pre-poll voting officer must have a pre-poll ballot-box, ballot-papers and such other things as are necessary for the votes of electors to be taken at the place, and(b) every person at the place who is entitled to vote in the election for the area is entitled to have his or her vote taken under this clause, and(c) for purposes of, and in connection with, the taking of votes under this clause:(i) the place is taken to be a pre-poll voting office, and(ii) the pre-poll voting officer is taken to be the pre-poll voting officer at that office, and(d) an elector’s vote is so far as is reasonably practicable to be taken and dealt with in all respects as if the vote were recorded at a pre-poll voting office under usual conditions, but the following provisions are to be disregarded for this purpose:(i) clause 321 regarding the qualifications to vote before election day,(ii) clause 326 regarding pre-poll voting times and candidate information sheets.(6) Ballot-box to be secured and forwarded to returning officer
At the end of the last visit made by a team for the purposes of this clause, the pre-poll voting officer must, in the presence of any other election official assisting the officer and any scrutineers who are present:(a) publicly close, fasten, seal and take charge of the ballot-box used by the officer for the purposes of this clause, and(b) with the least possible delay, forward it for the purposes of scrutiny to the returning officer for the area concerned.(7) Relationship of this clause to other provisions
In relation to an area declared by the Electoral Commission to be a remote area, and without affecting subclause (5) (d), the provisions of this clause apply in addition to, and without derogation from, the application of any other provision of this Regulation. However, any such other provision applies with any necessary modifications.
In this Part, a reference to a returning officer, a polling place manager or a pre-poll voting officer includes a reference to an election official appointed to assist the officer in the performance of his or her duties.
Division 8 Voting on election day
335 Polling place—arrangements
(1) Assignment of polling place manager
The returning officer must assign an election official to preside at each polling place as polling place manager.(2) Assignment of other election officials to assist
The returning officer must assign at least one other election official to assist in taking the poll at a polling place.(3) Returning officer polling place manager
If the returning officer’s instrument of appointment or another instrument issued by the Electoral Commission authorises him or her to do so, the returning officer may act as the polling place manager at a polling place, in which case the returning officer is taken to be a polling place manager duly assigned to preside at the polling place.(4) Assignments to be in writing
Assignments under this clause must be made in writing.(5) Functions of polling place managers and other election officials
The functions of polling place managers and other election officials are, subject to the Act and this Regulation, to be as determined by the Electoral Commission.
(1) The voting at a poll is to commence at 8 am and close at 6 pm on the same day. A person entitled to vote who at the time of closing the poll is within the polling place is to be permitted to vote.(2) This clause does not apply to any form of voting under Division 7 (Postal and other special types of voting) of this Part.
(1) Each candidate may, by instrument in writing signed by the candidate, appoint scrutineers to be present at each place at which polling is carried out, ballot-papers are scrutinised or votes are counted.(2) In the case of candidates belonging to a group, such an appointment may be made by any or all of them.(3) A scrutineer, on presentation to an election official of his or her instrument of appointment as scrutineer, is entitled to be present in accordance with his or her appointment under this clause.(4) A scrutineer must, on demand by an election official, produce his or her instrument of appointment as scrutineer for inspection.(5) A candidate in an election cannot be a scrutineer in relation to the same election or in relation to simultaneous elections in the same area.(6) Nothing in this clause entitles a candidate or group to be represented by more than one scrutineer at any one place at which polling is carried out, ballot-papers are scrutinised or votes are counted.(7) The separate tables or stations within any building, room or other location at which polling is carried out, ballot-papers are scrutinised or votes are counted are taken to be separate places for the purposes of subclause (6).
A person who is qualified as an elector in respect of a ward (or, if an area is not divided into wards, in respect of an area) is entitled to vote at any polling place appointed for the ward (or area).
(1) A person claiming to vote at a polling place must state to an election official the name under which the person claims to vote, and such other particulars as the official requires for the purpose of checking that name on the roll.(2) The election official must check that the name given by the person is on the roll in force for the ward or area for which the polling place has been appointed.(3) The election official may (and must if required by a scrutineer) require any such person to sign his or her name or make his or her mark in a book to be kept for that purpose.(4) The election official may (and must if required by a scrutineer) put to the person, before giving the person a ballot-paper, questions in the following form:1. Are you the person whose name appears as ............... [name] in the roll of electors for ............... ward of ............... area?2. What is your date of birth?3. Are you:(a) an Australian citizen, or(b) a British subject (other than an Australian citizen) who was on a Commonwealth or State of New South Wales electoral roll on 25 January 1984?4. Are you disqualified from voting at this election by section 266 of the Local Government Act 1993?5. Have you already voted at this election?(5) A person who:(a) fails to satisfy a requirement under subclause (1) or (3), or(b) does not answer “yes” to questions 1 and 3, and “no” to questions 4 and 5, in subclause (4), or(c) whose answer to question 2 in subclause (4) does not correspond to the person’s date of birth as appearing on the roll of electors,must not be given a ballot-paper and must not be allowed to vote.(6) However, if a request for a person’s place of living not to be included in a roll of electors has been granted under section 739 of the Act, the person need not indicate a place of living in response to a requirement under subclause (1) but instead the person is to make a declaration of residence on an envelope in Form 12.(7) This clause does not prevent a person from voting:(a) because of errors or omissions in the entry of the person’s name or date of birth as appearing on the roll of electors if he or she satisfies the election official of his or her identity as the person referred to in the roll, or(b) because the person’s name is not on the roll if he or she complies with section 305 of the Act.
340 Voting by elector with confidential address
(1) An elector who has made a declaration of residence under clause 339 is to mark and fold the ballot-paper and return the folded ballot-paper to an election official.(2) In the presence of the elector and any scrutineers present, the election official is to enclose the folded ballot-paper in the envelope containing the declaration of residence and addressed to the returning officer and seal the envelope.(3) The election official is to deliver or send the envelope to the returning officer.(4) The returning officer is to examine the declaration on the unopened envelope and ascertain from the Electoral Commission or the general manager whether the residence specified in the declaration is the residence specified in the appropriate request (as affected by any change of residence annotated on the request) under section 739 of the Act.(5) If the declaration is in order and the residence is the appropriate one, the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without damaging the writing on the envelope, place the ballot-paper still folded in the ballot-box for section 305 votes.(6) If the declaration is not in order, or the residence is not the appropriate one, the returning officer is to leave the envelope containing the ballot-paper unopened.
341 Delivery of ballot-paper to elector
(1) An election official is to deliver a ballot-paper initialled on the front by an election official to each person who is entitled to vote.(2) The election official is to make an appropriate notation on the roll of electors to show that the elector has received a ballot-paper.
After receiving a ballot-paper, an elector is to:(a) go alone to an unoccupied space set aside for voting at the polling place, and privately record his or her vote there on the ballot-paper, and(b) fold the ballot-paper so as to conceal the vote marked on it, and then put it in the ballot-box without unfolding it, and(c) leave the polling place.
343 Elector whose name is not on roll (section 305 votes)
(1) An elector who claims to vote under section 305 of the Act on election day, after making the declaration required by that section and receiving a ballot-paper, is to mark the ballot-paper and fold it to conceal the vote marked on it and return it so folded to the polling place manager.(2) The polling place manager on receiving the ballot-paper must, in the presence of the elector and of any scrutineers present, and without unfolding the ballot-paper, enclose it in the envelope, seal the envelope and put it in the ballot-box.(3) The polling place managers are each to make a list of section 305 votes. On it each polling place manager is to note:(a) the giving of a ballot-paper at the polling place where the polling place manager is in charge to an elector who has made a declaration under section 305 of the Act, and(b) the number of such votes delivered or sent to the returning officer from that polling place (or, if the polling place manager is the returning officer, retained by him or her).
344 Voting if name already marked on roll
(1) If an elector claims to vote at a polling place, but the roll of electors has already been marked to show that the elector has received an ordinary, postal or pre-poll ballot-paper, the elector is to be given a ballot-paper if he or she answers the questions set out in clause 339 (4) in the manner specified in clause 339 (5) and a declaration has been completed in Form 13.(2) The elector, after marking his or her ballot-paper, is to fold it and deliver it to an election official.(3) The official is (in the presence of the elector) to enclose the folded ballot-paper (without unfolding it) in an envelope bearing (or containing) the declaration of the elector required by this clause, and seal the envelope. The official is then to put the envelope in the ballot-box.(4) The official is to enter on a list of tendered votes kept at the polling place the giving of a ballot-paper to the elector under this clause.Note. See clause 387 as to spoilt ballot-papers and clause 388 as to the assistance of electors.
Division 9 Scrutiny and counting
(1) A ballot-paper of an elector at an election is informal if:(a) the elector has failed to record a vote on it in the manner directed on it, or(b) it has not been initialled on the front by an election official, or(c) it contains a mark or writing that, in the returning officer’s opinion, would enable the elector to be identified.(2) Despite subclause (1), a ballot-paper of an elector at an election in which only one candidate is to be elected is not informal merely because a tick or a cross has been placed in one square and the other square or squares have been left blank. In such a case the tick or the cross is to be treated as a first preference.(3) (Repealed)(4) Despite subclause (1), a ballot-paper of an elector at an election is not informal merely because a preference (other than a first preference) has been repeated or omitted so long as the ballot-paper shows at least the minimum number of preferences required by the directions.(5) Despite subclause (1), a ballot-paper of an elector at an election is not informal merely because it has not been initialled on the front by an election official, so long as it bears the mark referred to in clause 305 (2).(6) Despite subclause (1), a ballot-paper of an elector at an election is not informal by virtue of the existence of an unnecessary mark on the ballot-paper if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.(6A) Despite subclause (1), a ballot-paper is not informal by reason only that the elector has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper. In such a case, each such number, tick or cross is taken to have been placed within the relevant square.(7) Nothing in subclause (2) authorises any person to encourage a voter to place a tick or a cross in a square on a ballot-paper.Note. Section 308C of the Act makes provision concerning the formality of ballot-papers where the voter marks, crosses or ticks a group voting square, or where the ballot papers contain the name of a candidate whom a court has declared to be incapable of being elected.
346 Persons present at scrutiny and count
The Electoral Commissioner or persons authorised by the Electoral Commission, election officials, scrutineers and police officers on duty are entitled to be present at each place at which polling is carried out, ballot-papers are scrutinised or votes are counted.
348 Initial scrutiny of ballot-papers and counting of votes
(1) On the close of the poll at an election each polling place manager must with the assistance of the election officials, and in the presence of the scrutineers, then present and on duty at the polling place:(a) open the ballot-box, and(b) scrutinise the ballot-papers, and(c) reject the informal ballot-papers, and(d) place the envelopes containing postal votes, section 305 votes and tendered votes on one side as they are taken from the ballot-box, and(e) count:(i) the first preferences recorded for each candidate and group of candidates, and(ii) the number of informal votes, and(iii) the number of envelopes containing declarations under this Part.(2) The polling place manager must send to the returning officer returns in Form 14:(a) stating the details of those counts, and(b) signed by:(i) the polling place manager and another election official, and(ii) any scrutineer who desires to sign the returns.
349 Sending ballot-papers to returning officer
(1) The polling place manager must then, in the presence of the witnesses referred to in clause 348 (1), make up:(a) in one parcel the ballot-papers classed as formal and the ballot-papers classed as informal, and(b) in a second parcel:(i) the envelopes containing postal votes, the envelopes containing section 305 votes and the envelopes containing tendered votes, and(ii) the ballot-papers that have not been used, and(iii) the cancelled postal ballot-papers and forms of declaration, and(iv) the spoilt ballot-papers, and(v) the list of section 305 votes and the list of tendered votes, and(c) in a third parcel the certified copies of the rolls supplied to the polling place manager, signed by the polling place manager, and all books, rolls and papers (except the ballot-papers and the lists of ballot-papers) kept, used, and received by the polling place manager in connection with polling.(2) The polling place manager is to do the following:(a) seal the parcels,(b) permit any of the scrutineers who wish to do so to affix their seals to the parcels,(c) endorse the parcels with descriptions of their contents and with the name of the ward and area, the name of the polling place, and the date of the polling,(d) sign with his or her name the endorsement on each parcel,(e) deliver or send the parcels to the returning officer (except if the polling place manager’s functions are being exercised by the returning officer).(3) The returning officer may (and must if so required by a scrutineer) have the parcels opened, and have the ballot-papers scrutinised and counted in the presence of the election officials, scrutineers and police officers then present and on duty.(4) During such scrutiny, the returning officer must:(a) reject any ballot-paper classed as formal by the polling place manager if, in the returning officer’s opinion, it is informal, and(b) accept any ballot-paper classed as informal by the polling place manager if, in the returning officer’s opinion, it is formal.
350 Checking of ballot-papers in sealed envelopes
(1) Postal votes
The returning officer must on election day (at any time after 8 am) produce the applications for postal votes, produce the list and signature indications of general postal voters forwarded to the returning officer, and open the ballot-boxes containing postal votes received by the returning officer and take all the envelopes from them.(2) Postal votes received after the close of the poll but before 6 pm on the first business day following election day (including those delivered to polling place managers on election day under clause 318 (5)) are to be dealt with in the same way as postal votes received before the close of the poll.(3) The returning officer is then to do the following or have the following done:(a) count the sealed ballot-paper envelopes unopened and record the count,(b) check the names on the envelopes against the roll of electors and, if the Form 8 declaration on the envelope has been duly signed and witnessed, mark the roll of electors in the manner determined by the Electoral Commission,(c) compare the signature of the elector on each postal vote declaration with the signature of the applicant on the correspondingly numbered application for a postal vote (or the signature of the applicant for registration as a general postal voter), allow the scrutineers to inspect both signatures, and examine each declaration as to its formality or informality,(d) if the returning officer is not satisfied that the signature of the elector on the declaration is that of the applicant who signed the application or that the declaration is formal—mark, initial and keep apart unopened the sealed ballot-paper envelope on which the declaration appears,(e) if the returning officer is satisfied that the signature of the elector on the declaration is that of the applicant who signed the application and that the declaration is formal—turn the sealed ballot-paper envelope so that the declaration is face downwards, then open the envelope (without damaging the writing on it) and take out the ballot-paper and, without inspecting or unfolding it or allowing any other person to do so, place it in a securely fastened ballot-box for further scrutiny,(f) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (d) and (e), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.(4) Pre-poll votes, declared institution votes and section 305 votes
The returning officer must:(a) on election day (at any time after 8 am) produce all the sealed envelopes containing pre-poll votes and declared institution votes (including section 305 votes cast before election day), and(b) on the close of poll produce all the sealed envelopes containing section 305 votes cast on election day,and deal with them in accordance with subclause (5).(5) The returning officer is to do the following or have the following done in relation to the envelopes referred to in subclause (4):(a) count the sealed ballot-paper envelopes unopened and record the count,(b) examine the declaration on each envelope before it is opened and, if necessary, make inquiries to determine whether the declaration is in order and the elector is entitled to vote,(c) in the case of section 305 votes—check the names on the envelopes against the roll of electors and, if an elector’s name is on the roll of electors, mark the roll in the manner determined by the Electoral Commission,(d) if the declaration is in order and it appears to the returning officer that the elector is entitled to vote, the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without damaging the writing on the envelope, place the ballot-paper still folded in a securely fastened ballot-box for further scrutiny,(e) if the declaration is not in order, or it appears to the returning officer that the elector is not entitled to vote, the returning officer is to leave the envelope containing the ballot-paper unopened,(f) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (d) and (e), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.(6) Tendered votes
The returning officer must on the close of the poll produce all envelopes containing tendered votes and do the following or have the following done:(a) count the number of envelopes containing tendered votes for each polling place,(b) in the presence of the scrutineers examine the declarations on the envelopes and make such inquiries as the returning officer considers necessary as to whether the persons who signed the declarations are entitled to vote,(c) if the returning officer is not satisfied that the person who signed the declaration is entitled to vote or that the declaration is duly witnessed, keep apart and unopened the envelope on which the declaration appears,(d) if the returning officer is satisfied that the person who signed the declaration is entitled to vote and that the declaration is duly witnessed, turn the envelope so that the declaration is face downwards, then open the envelope (without damaging the writing on it) and take out the ballot-paper and, without inspecting or unfolding it or allowing any other person to do so, place it in a securely fastened ballot-box for further scrutiny,(e) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (c) and (d), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.
(1) The returning officer must then do the following or have the following done:(a) complete the count by including the postal, pre-poll, declared institution and tendered votes and section 305 votes,(b) ascertain the result of the count in accordance with Schedule 4 or 5, depending on the system of election,Note. Section 285 of the Act specifies the circumstances in which the optional preferential (Schedule 4) and the proportional (Schedule 5) systems of election are to be used.(c) inform the persons present of the result of the count,(d) immediately notify the Electoral Commission of the result of the count,(e) inform the candidates (in person, in writing, by facsimile, by telephone, by email, by text message or in any other way) as soon as practicable after the result is ascertained:(i) of the result of the count, and(ii) when the returning officer’s declaration under clause 356 will be available for inspection at the office of the relevant council, and(iii) that the information contained in a notice under clause 356 (5) is to be published on the Electoral Commission’s internet website for at least one month,(2) For the purpose of ascertaining the result of the count, the returning officer may cause some or all of the ballot-papers to be sent to a central counting office administered by the Electoral Commission to be counted in accordance with arrangements approved by the Electoral Commission.
352 Double candidature: candidate elected as mayor
(1) If, in any election, one or more of the candidates for election as councillor for a ward in an area (or for an area) are also candidates for election as mayor of the area, the counting of votes in the election of the mayor is to be completed, and the result obtained, before any distribution of preferences in the election of councillors.(2) Then the count in the election of councillors is to continue, treating the person who has already been elected as mayor as not being a candidate for election as councillor.(3) Each preference indicated on ballot-papers in the election of councillors for the person elected as mayor is disregarded and any subsequent preferences are treated as if the numbers representing them had been reduced by one.
(1) At any time before the declaration of the poll:(a) a candidate may request a recount of the ballot-papers used in the ward or area for which the candidate was nominated, and(b) the Electoral Commission may direct the returning officer to recount any ballot-papers used in the election.(2) A request under subclause (1) (a) must:(a) be in writing, and(b) be signed by the candidate, and(c) set out the reasons for the request, and(d) be lodged with the returning officer within 24 hours after written notification of the result of the count has been delivered or sent to the candidates.(3) The returning officer must again have the ballot-papers scrutinised and counted and, if necessary, have any other papers used at the election inspected, if:(a) a request is received under subclause (1) (a) and the candidate has paid to the returning officer, on behalf of the council, a deposit to cover the cost of the recount and the ballot-papers referred to in the request have not already been recounted, or(b) a direction is received in accordance with subclause (1) (b), or(c) the returning officer in any case believes it necessary.(4) The deposit is to be determined by reference to a scale of charges fixed by the Electoral Commission before election day.
(1) If a recount of ballot-papers is conducted under clause 353 (3) (b) or (c), the council is to pay for the recount.(2) If a recount of ballot-papers is conducted under clause 353 (3) (a) and the recount results in an alteration in the candidates who are elected, the deposit referred to in that paragraph is to be refunded to the candidate.(3) If a recount of ballot-papers is conducted under clause 353 (3) (a) and the recount does not result in an alteration in the candidates who are elected, the expense of the recount is to be paid out of the deposit and any remainder is to be refunded to the candidate, and any shortfall paid by the council.
Immediately after the completion of a recount of ballot-papers, the returning officer must notify the Electoral Commission of the result of the recount.
(1) The Electoral Commission is to approve of the returning officer’s declaring the election in writing as soon as practicable after the notification of the result of any recount or it becomes clear that no recount will be required.(2) The declaration is to be signed by the returning officer and is to state the number of votes recorded for each candidate, the names of the candidates declared elected (being the names under which those candidates were nominated by the returning officer) and the ward or area for which they have been elected.(3) After the election is declared, the Electoral Commission must:(a) display the written declaration in a conspicuous position at the office of the relevant council, and(b) deliver or send a copy of the written declaration to the Director-General, the Secretary of the Local Government and Shires Associations of New South Wales, and the relevant general manager.(c) (Repealed)(4) The general manager of a council must, on application to the council by any person, deliver or send to the person a copy of the written declaration.(5) The Electoral Commission must cause the information in the declaration to be published on the Electoral Commission’s internet website for at least one month.(6) The council must cause the information in the declaration to be published on the council’s internet website, or provide a link on its website to the relevant part of the Electoral Commission’s website, for at least one month.(7) The Electoral Commission must insert, in a newspaper circulating generally in the State or another newspaper circulating in the relevant area or both, a notice stating:(a) the names of the candidates declared elected, and(b) the ward or area for which they have been elected, and(c) that detailed results are available on the Electoral Commission’s internet website and for inspection at the office of the relevant council, and(d) such other information relating to the election as the Electoral Commission thinks fit.(8) A notice under subclause (7) may relate to one or more areas.
Division 9A Provisions relating to activities during regulated periods
(1) In this Division:display a poster or electoral material includes exhibit or post up the poster or electoral material; and publicly display means display, as so defined, within or within view of a public place.
electoral material means a how-to-vote card, poster or advertisement containing electoral matter, or anything else containing electoral matter.
electoral matter means:
(a) any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or(b) the name of a candidate at any election, the name of the party of any such candidate, the name or address of the committee rooms of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.how-to-vote card means any card, handbill, pamphlet or notice having any voting directions within it, whether or not it contains:
(a) any representation or partial representation of a ballot-paper or portion of a ballot-paper, or(b) any representation or partial representation apparently intended to represent a ballot-paper or portion of a ballot-paper.joint owner of premises or property means one of two or more persons who own the premises or property jointly, whether as joint tenants or tenants in common or otherwise.
poster means any electoral matter printed, drawn or depicted on any material whatsoever and where any electoral matter is printed, drawn or depicted in sections, those sections, both severally and collectively, are to be treated as a poster.
recognised group of candidates means a group of candidates who have claimed under section 308A of the Act to have their names included in a group on the ballot-papers.
regulated period for an election means:
(a) the period starting with the roll closing date and ending at 6 pm on election day, and(b) all days to which polling for the election is adjourned.street address does not include a post office box number or a DX box number.
voting directions means directions or suggestions (whether express or implied) in relation to the casting of votes.
(2) If premises or other property referred to in a provision of Subdivision 2 are subject to a lease for a term of 6 months or more, a reference in that provision to the owner or a joint owner of the premises or property is to be read as a reference to the lessee or a joint lessee of the premises or property.
Subdivision 2 Non-complying electoral material
356B Non-complying electoral material
For the purposes of this Division, electoral material contravenes this Subdivision if:(a) the material contains voting directions intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his or her vote, or(b) the material contains an untrue or incorrect statement intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his or her vote, or(c) without limiting paragraph (b), the material contains information that is incorrect or misleading about whether a person is or is not:(i) a candidate for the election, or(ii) a candidate for a particular area or ward, or(iii) a member of a registered political party or recognised group of candidates, or(iv) endorsed by a registered political party, or(d) the material uses:(i) the name, an abbreviation or acronym of the name or a derivative of the name of a party respectively included in the Local Government Register of Political Parties (or a name or abbreviation resembling such a name, abbreviation, acronym or derivative) in a way that is intended or likely to mislead any elector, or(ii) the word “Independent” and the name or an abbreviation or acronym of the name or a derivative of the name of a party respectively included in that Register in a way that suggests or indicates an affiliation with that party (unless the name of the party in that Register includes the word “Independent”), or(e) in the case of material that contains voting directions—any of the directions are contrary to the requirements of the Act or this Regulation or are contrary to the directions or instructions contained in the relevant ballot-papers, including (for example) a direction:(i) to leave the ballot-paper blank, or(ii) to write or draw unauthorised matter on the ballot-paper, or(iii) to repeat or leave out a number when indicating preferences, or(f) the material could result in an elector casting an informal vote, or(g) the material contains a statement (express or implied) to the effect that voting is not compulsory, or(h) the material contains words that are or other matter that is obscene or offensive.
356C Non-complying electoral material—additional provisions regarding how-to-vote cards
(1) Application of clause
Without limiting clause 356B, electoral material consisting of or containing a how-to-vote card contravenes this Subdivision if the card does not comply with this clause.(2) Non-complying how-to-vote cards for registered political parties
A how-to-vote card containing voting directions as to how to vote for or in accordance with the recommendations of a registered political party does not comply with this clause if:(a) the party has endorsed no candidate for the election, or(b) the voting directions give a preference to a candidate not endorsed by it without first giving higher preferences to all candidates endorsed by it.(3) Non-complying how-to-vote cards for recognised groups of candidates
A how-to-vote card containing voting directions as to how to vote for or in accordance with the recommendations of a recognised group of candidates does not comply with this clause if the voting directions give a preference to a candidate who is not a member of the group without first giving higher preferences to all candidates who are members of the group.(4) Non-complying how-to-vote cards for individual candidates
A how-to-vote card containing voting directions as to how to vote for or in accordance with the recommendations of a particular candidate does not comply with this clause if:(a) whether or not the candidate is a member of a recognised group of candidates—the voting directions do not contain a voting direction for the candidate to receive the first preference, or(b) where the candidate is a member of a recognised group of candidates—the voting directions give a preference to a candidate who is not a member of the group without first giving higher preferences to all candidates who are members of the group.(5) Non-complying how-to-vote cards using group voting squares—voting above and below the line
A how-to-vote card containing voting directions as to how to vote for or in accordance with the recommendations of a recognised group of candidates by using a group voting square does not comply with this clause if the voting directions also give preferences (“below the line”) for:(a) some only of the individual members of the group, or(b) individual members of the group in a different order from that appearing in the list of candidates in the group on the ballot-paper.Note. Subclause (5) ensures that in these circumstances the material must be internally consistent, since voting by using a group voting square implies voting for all the candidates in the group and in the order in which their names appear.(6) Non-complying how-to-vote cards without group voting squares—no indication of requirement to vote for at least half the candidates
A how-to-vote card containing voting directions as to how to vote without using group voting squares and that do not give preferences for at least half the number of candidates to be elected does not comply with this clause if the voting directions do not contain a statement as to how many other preferences must be marked on the ballot-paper.(7) Non-complying how-to-vote cards relating to two or more areas
A how-to-vote card containing voting directions does not comply with this clause if the voting directions relate to two or more areas.
Subdivision 3 Offences applicable during regulated period
356D Printing, publishing and distributing non-complying electoral material
A person must not, during the regulated period, print, publish or distribute electoral material that contravenes Subdivision 2.Maximum penalty: 10 penalty units.
(1) A person must not, during the regulated period, publicly display or permit or cause to be publicly displayed, a poster containing or consisting of electoral material that contravenes Subdivision 2.Maximum penalty: 10 penalty units.
(2) A person must not, during the regulated period, display or permit or cause to be displayed a poster:(a) on or within any premises occupied or used by, or under the control or management of:(i) the Crown or a NSW Government agency, or(ii) any council or county council, or(b) on or within any other premises, unless the person:(i) was the owner or a joint owner of the premises, or(ii) performed the act concerned with the permission in writing of the owner or a joint owner of the premises.Maximum penalty: 2.5 penalty units.
356F Writing, drawing or depicting electoral matter
(1) A person must not, during the regulated period, write, draw or depict any electoral matter directly on any property, being a roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water).Maximum penalty: 3 penalty units.
(2) A person is not guilty of an offence under this clause if the person:(a) was the owner or joint owner of the property, or(b) performed the act concerned with the permission in writing of the owner or a joint owner of the property.(3) Without limiting subclause (2), a person is not guilty of an offence under this clause involving a vehicle, vessel or hoarding if the person:(a) was the owner or joint owner of the premises on which the vehicle, vessel or hoarding was situated, or(b) performed the act concerned with the permission in writing of the owner or a joint owner of the premises.(4) Subclauses (2) and (3) do not apply to any premises or property occupied or used by, or under the control or management of:(a) the Crown or a NSW Government agency, or(b) any council or county council.
356G Name and address on electoral material
(1) A person must not, during the regulated period, print, publish, distribute or publicly display electoral material (other than the announcement in a newspaper of the holding of a meeting), without legibly showing on the material:(a) the name and address of the person on whose instructions the material was printed, and(b) the name of the printer and the street address of the premises at which it was printed.Maximum penalty: 5 penalty units.
(2) If a newspaper contains electoral material and the name of the printer of the newspaper and the street address of the premises at which it was printed appear on the newspaper in accordance with any Act, subclause (1) does not require that name and address to be shown separately on the material itself.
356H Encouraging ticks or crosses on ballot-papers
A person must not, during the regulated period, print, publish, distribute or publicly display any electoral material that encourages any elector to place a tick or a cross in a square on a ballot-paper.Maximum penalty:
(a) in the case of corporation—50 penalty units, or(b) in any other case—10 penalty units.
(1) Defences
A person is not guilty of an offence for a breach of a provision of this Subdivision if it is established that:(a) the breach was not of a material nature, or(b) the breach was not intended, or was not likely, to mislead an elector in or in relation to the casting of his or her vote, or(c) the person was not aware that the act or omission concerned was a breach of the provision when it occurred and took all reasonable steps to remedy the breach when the person became aware that it was or may have been such a breach.(2) Exceptions
Nothing in this Subdivision prohibits:(a) the display, writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party concerned, or(b) the projection by means of any cinematograph or other similar apparatus of any electoral matter on to any screen in any theatre or public hall the subject of a development consent in force under the Environmental Planning and Assessment Act 1979 in relation to its use as a place of public entertainment, or(c) the display, writing, drawing or depicting of any poster within a hall or room that is being or is about to be used for a meeting held by or on behalf of a candidate in connection with an election, or(d) the display of any poster on or at the office of a councillor.
Subdivision 4 Additional offences applicable on pre-poll voting days
356J Display of posters on pre-poll voting days
(1) Posters at pre-poll voting office
A person must not display, or cause to be displayed, any poster of any size:(a) within a pre-poll voting office, or(b) on the exterior of a building used as a pre-poll voting office,on any day on which pre-poll voting is conducted at the pre-poll voting office.Maximum penalty: 5 penalty units.
(2) Application of this clause to grounds of enclosure
If:(a) a building used as a pre-poll voting office is situated in grounds within an enclosure, and(b) the appointment by the Electoral Commission of the pre-poll voting office does not indicate whether or not the grounds are part of the pre-poll voting office,the grounds are not, but the building is, taken to be part of the pre-poll voting office for the purposes of subclause (1), unless a notice to the contrary is displayed under clause 356U. If such a notice is displayed, the grounds are taken to be part of the pre-poll voting office for the purposes of subclause (1).
356K Canvassing on pre-poll voting days
(1) Canvassing in pre-poll voting office
A person must not:(a) canvass for votes, or(b) solicit the vote of any elector, or(c) induce any elector not to vote for any particular candidate or group of candidates, or(d) induce any elector not to vote at the election,within a pre-poll voting office on any day on which pre-poll voting is conducted at the pre-poll voting office.Maximum penalty: 5 penalty units.
(2) Amplified canvassing audible in pre-poll voting office
A person must not contravene this subclause. This subclause is contravened if on any day on which pre-poll voting is conducted at a pre-poll voting office each of the following paragraphs apply:(a) the person engages in:(i) canvassing for votes, or(ii) soliciting the vote of an elector, or(iii) inducing an elector not to vote for a particular candidate or group of candidates, or(iv) inducing an elector not to vote at the election, and(b) the person engages, in any public or private place, in that activity any distance away from the pre-poll voting office, and(c) the person uses any of the following to engage in that activity:(i) a loud speaker,(ii) a public address system,(iii) an amplifier (whether fixed or mobile),(iv) a broadcasting van,(v) a sound system,(vi) radio equipment,(vii) any other equipment or device for broadcasting, and(d) that activity is audible within the pre-poll voting office.Maximum penalty: 5 penalty units.
(3) Canvassing includes distributing electoral material
Without limiting the generality of subclause (1), a reference to canvassing for votes includes a reference to distributing electoral material, whether or not the material is registered in accordance with Subdivision 6.(4) Application of this clause to grounds of enclosure
If:(a) a building used as a pre-poll voting office is situated in grounds within an enclosure, and(b) the appointment by the Electoral Commission of the pre-poll voting office does not indicate whether or not the grounds are part of the pre-poll voting office,the grounds are not, but the building is, taken to be part of the pre-poll voting office for the purposes of this clause, unless a notice to the contrary is displayed under clause 356U. If such a notice is displayed, the grounds are taken to be part of the pre-poll voting office for the purposes of this clause.
Subdivision 5 Additional offences applicable on election days
356L Extended operation of this Subdivision
(1) In the application of this Subdivision to electoral material, electoral matter is, without limiting the definition of that term in clause 356A, taken to include any matter consisting of an express or implicit reference to or comment on:(a) an election, or(b) any council or any previous council, or(c) any councillor or previous councillor, or(d) the Government, the Opposition, a previous Government or a previous Opposition, of this or any other State or Territory or of the Commonwealth, or(e) a member or former member of the Parliament of this or any other State or Territory or of the Commonwealth, or(f) a political party, a branch or division of a political party or a candidate in an election, or(g) an issue submitted to, or otherwise before, the electors in connection with an election.(2) References in this Subdivision to election day include references to all days to which polling is adjourned.
356M Distribution of electoral material on election days
(1) A person must not, in a public place, distribute any electoral material on election day unless the material has been registered under Subdivision 6 for the election.Maximum penalty: 10 penalty units.
(2) For the purposes of this clause and without limiting its operation, material is taken to be distributed if it is left in such a position and in such circumstances as to indicate that it is intended to be available for collection by members of the public who are in a public place.(3) This clause does not apply to the handing out, distribution, sale or otherwise making available of a newspaper by or on behalf of a newsagent, newspaper seller or distributor if the handing out, distribution, sale or making available is in the course of the newsagent’s, newspaper seller’s or distributor’s employment or business.
356N Display of posters on election days
(1) Posters at polling place
A person must not, on election day, display or cause to be displayed any poster of any size:(a) within a polling place, or(b) within 6 metres of an entrance to a polling place, or(c) on the exterior of a building used as a polling place.Maximum penalty: 5 penalty units.
(2) Posters in grounds of enclosure of polling place
Without limiting subclause (1), a person must not, on election day, display or cause to be displayed any poster exceeding 8,000 square centimetres in area within the grounds of an enclosure in which a building used for polling is situated.Maximum penalty: 3 penalty units.
(3) Posters on boundary of enclosure of polling place
A person must not, on election day, display or cause to be displayed any poster exceeding 8,000 square centimetres in area on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for polling is situated.Maximum penalty: 3 penalty units.
(4) Application of this clause to grounds of enclosure
If:(a) a building used as a polling place is situated in grounds within an enclosure, and(b) the appointment by the Electoral Commission of the polling place does not indicate whether or not the grounds are part of the polling place,the grounds are not, but the building is, taken to be part of the polling place for the purposes of subclause (1), unless a notice to the contrary is displayed under clause 356U. If such a notice is displayed, the grounds are taken to be part of the polling place for the purposes of subclause (1), and subclause (2) does not apply.
356O Canvassing on election days
(1) Canvassing in or near polling place
A person must not:(a) canvass for votes, or(b) solicit the vote of any elector, or(c) induce any elector not to vote for any particular candidate, or(d) induce any elector not to vote at the election,on election day:(e) within a polling place, or(f) within 6 metres of an entrance to a polling place.Maximum penalty: 5 penalty units.
(2) Amplified canvassing audible in or near polling place
A person must not contravene this subclause. This subclause is contravened if on election day each of the following paragraphs apply:(a) the person engages in:(i) canvassing for votes, or(ii) soliciting the vote of an elector, or(iii) inducing an elector not to vote for a particular candidate, or(iv) inducing an elector not to vote at the election, and(b) the person engages, in any public or private place, in that activity 6 metres or more from an entrance to a polling place, and(c) the person uses any of the following to engage in that activity:(i) a loud speaker,(ii) a public address system,(iii) an amplifier (whether fixed or mobile),(iv) a broadcasting van,(v) a sound system,(vi) radio equipment,(vii) any other equipment or device for broadcasting, and(d) that activity is audible:(i) within the polling place, or(ii) within 6 metres of an entrance to the polling place.Maximum penalty: 5 penalty units.
(3) Canvassing includes distributing electoral material
Without limiting the generality of subclause (1), a reference to canvassing for votes includes a reference to distributing electoral material, whether or not the material is registered in accordance with Subdivision 6.(4) Application of this clause to grounds of enclosure
If:(a) a building used as a polling place is situated in grounds within an enclosure, and(b) the appointment by the Electoral Commission of the polling place does not indicate whether or not the grounds are part of the polling place,the grounds are not, but the building is, taken to be part of the polling place for the purposes of this clause, unless a notice to the contrary is displayed under clause 356U. If such a notice is displayed, the grounds are taken to be part of the polling place for the purposes of this clause.
Subdivision 6 Registration of electoral material
356P Application for registration of electoral material
(1) Application for registration may be made
For the purposes of clause 356M, an application may be made to the Electoral Commission (in a form approved by the Commission) for the registration of electoral material for a particular area for any one or more of the following:(a) a particular election of one or more councillors,(b) a particular election of mayor by electors,(c) a particular constitutional referendum, or two or more particular constitutional referendums being held at the same time,(d) a particular council poll, or two or more particular council polls being held at the same time.(2) Applications by or on behalf of parties, groups or candidates
An application may be made:(a) by the registered officer of a registered political party—on behalf of the party, or(b) by the first candidate listed in a recognised group of candidates—on behalf of the group, or(c) by a candidate—on his or her own behalf.(3) Applications by or on behalf of others
An application may be made:(a) by an officer or representative of an incorporated or unincorporated body (other than a registered political party or a recognised group of candidates) who is not a candidate—on behalf of the body, or(b) by an individual who is not a candidate—on his or her own behalf.(4) Timing of application
An application may be made only during the period starting with nomination day and ending at 5 pm on the Friday that is 8 days before election day.(5) Draft or sample to be provided
An application must contain a draft or sample of the electoral material.(6) Alteration or replacement of draft or sample
The Electoral Commission may allow the draft or sample to be altered or replaced during the period specified in subclause (4) before agreeing to registration.(7) Preliminary advice
A person authorised by subclause (2) or (3) to apply for registration of electoral material may, during the period specified in subclause (4), apply to the Electoral Commission (in a form approved by the Commission) for preliminary advice as to whether particular electoral material may be registered.(8) The Electoral Commission may provide that advice, even if the material is incomplete, but the application for registration of the material must nevertheless be made during that period.(9) Manner of application
An application under this clause must be signed by the applicant and may be delivered or sent (by post or otherwise) or may be transmitted by facsimile or email.(10) An application is not validly transmitted by email unless:(a) an image of the completed application signed by the applicant is included in or attached to the email, and(b) that image includes an image of the actual signature as appearing on the application.
356Q Consideration of application for registration
(1) Complying material must be registered
The Electoral Commission must register the electoral material if satisfied that registration is not prohibited by this Subdivision.(2) Refusal for non-complying application
However, the Electoral Commission may refuse to register the electoral material if the application for registration was not made in accordance with this Subdivision.(3) When material must be refused registration
The Electoral Commission must not register the electoral material if it appears to the Electoral Commission that:(a) the material contravenes Subdivision 2, or(b) the material is, or contains a section, in a language other than English and the application for registration was not accompanied by:(i) an accurate translation into English of the material or section, and(ii) a declaration that the translation is accurate, or(c) the material does not include in legible characters:(i) the name and address of the person on whose instructions the material was printed, and(ii) the name of the printer and the street address at which is was printed, or(d) in the case of an application for registration purporting to be made on behalf of an entity referred to in clause 356P (2) or (3)—the application was not made by a person authorised by the relevant subclause to make the application, or(e) in the case of an application not purporting to be made on behalf of an entity referred to in clause 356P (2) or (3) for the registration of material that contains voting directions as to how to vote for or in accordance with the recommendations of such an entity—the application was not made by a person authorised by the relevant subclause to make an application on behalf of the entity, or(f) in the case of an application for the registration of material that contains any representation or indication (whether express or implied) that any candidate:(i) is a member of, or(ii) pursues or supports any or all of the objects or platform (whether with or without modification) of, or(iii) is affiliated in some way (whether officially or unofficially) with,a particular registered political party or recognised group of candidates—the application was not made by or with the consent of the registered officer of the party or the first candidate listed in the group.(4) Offence for false statement in declaration about translated material
A person must not make a declaration for the purposes of subclause (3) (b) knowing that the translation of the material or section is inaccurate in a material respect.Maximum penalty: 10 penalty units.
(5) Inquiries as to authenticity of application or consent
The Electoral Commission may make such inquiries as the Commission thinks fit to confirm the authenticity of:(a) an application, or(b) any consent referred to in subclause (3) (f).
356R Registration of electoral material
(1) Certificate of registration
Registration of the electoral material is effected by the issue of a certificate of registration (in a form approved by the Electoral Commission) in respect of a draft or sample of the electoral material.(2) Details to be included in certificate
The certificate of registration must specify:(a) the elections, constitutional referendums and council polls, and(b) the area,for which the electoral material is registered.(3) Registration may be conditional or unconditional
Registration may be unconditional or subject to conditions specified in the certificate of registration.(4) Evidence of registration
A certificate signed by the Electoral Commissioner or by a person authorised by the Electoral Commission and certifying that specified material was or was not registered:(a) on a specified day or during a specified period, or(b) for a particular election, constitutional referendum or council poll, or(c) for a particular area,is admissible in proceedings for an offence under clause 356G and is prima facie evidence of the matters certified.(5) Immaterial differences not to affect registration
Electoral material is to be taken to be registered in accordance with this clause even though the material contains some differences from the draft or sample in respect of which the certificate of registration was issued, so long as the material is substantially the same as the draft or sample.(6) Registration not a defence for certain offences
Registration of electoral material is not a defence to a prosecution for an offence under Subdivision 3 or 4.(7) Copy of material and certificate to be available for inspection
A copy of electoral material registered under this clause and referring to an election, constitutional referendum or council poll for an area, and the relevant certificate of registration, must be available for inspection:(a) at the office of the returning officer for the area, during the hours of polling on election day and on all days to which the polling is adjourned, and(b) at such other places (if any), and during such of those hours, as the Electoral Commission determines,at the request of any person enrolled for the area or of any scrutineer.
356S Revocation of registration or imposition of condition on registration
(1) If the Electoral Commission is satisfied that electoral material was erroneously registered, the Commission may:(a) revoke the registration of the material, or(b) attach a condition to the registration of the material, requiring the material to be altered in a specified way, whether by way of omitting matter or inserting matter or both, or otherwise.(2) The revocation or condition takes effect from the time the revocation or condition is communicated to the candidates concerned or their representatives, and accordingly:(a) electoral material whose registration has been revoked ceases to be registered from that time, and(b) electoral material to whose registration a condition has been attached is from that time taken to be registered only if the condition is complied with.
356T Confiscation of posters and other electoral material
(1) Confiscation by election officials
The returning officer or any polling place manager, or any other election official authorised by the Electoral Commission, may remove and confiscate, or cause to be removed and confiscated:(a) any poster displayed in contravention of Subdivision 4 or 5, or(b) any electoral material that is apparently available for distribution in contravention of Subdivision 5.(2) Confiscation by police
Any police officer may remove and confiscate, or cause to be removed and confiscated:(a) any poster displayed in contravention of Subdivision 3, 4 or 5, or(b) any electoral material that is apparently available for distribution in contravention of Subdivision 5.(3) Use of force
A police officer may use reasonable force for the purposes of this clause. This clause does not authorise any other person to use force.(4) Confiscated material to be destroyed
Confiscated electoral material must be destroyed without undue delay, but destruction may be delayed if the material is or may reasonably be required for evidentiary purposes.
356U Notice applying provisions to grounds of polling place
(1) This clause applies for the purposes of clauses 356J, 356K, 356N or 356O, in a case where:(a) a building used for polling is situated in grounds within an enclosure, and(b) the appointment by the Electoral Commission of the pre-poll voting office or polling place concerned does not indicate whether or not the grounds are part of the pre-poll voting office or polling place.(2) The returning officer may, with the concurrence of the Electoral Commission, cause a notice to be displayed, during the hours of polling, at each entry to the grounds stating that those grounds are treated as part of the pre-poll voting office or polling place.Note. Clauses 356J (2), 356K (4), 356N (4) and 356O (4) state the effect of displaying such a notice.
Nothing in this Division applies to the printing, publishing, distribution or display of official notices.
A person is not liable to be convicted of both an offence under Subdivision 3 and an offence under Subdivision 4 or 5 if the offences arose out of the same circumstances.
For the purposes of section 314 of the Act, the prescribed form of a penalty notice is Form 15.
(1) A person must not do any of the following:(a) make a declaration (whether oral or written) that the person knows is false in respect of any matter or thing for which a declaration is required by this Regulation,(b) impersonate an elector for the purpose of voting at an election,(c) vote twice at an election,(d) knowingly put more than one ballot-paper in the ballot-box at a polling place (except if each of those ballot-papers relates to a different poll),(e) influence an elector’s vote by threats or inducements.Maximum penalty: 10 penalty units.
(2) This clause applies in relation to an election under clause 395 or 396 and to a constitutional referendum or council poll in the same way as it applies to elections under Chapter 10 of the Act.
(1) A person must not make a statement that the person knows is false in a paper relating to an election or poll under the Act, or in information supplied to the Electoral Commission or a general manager for the purposes of the preparation, maintenance, or revision of an electoral roll under the Act.(2) A person must not induce another person to make such a statement.Maximum penalty: 10 penalty units.
360 Misconduct by witness to postal vote
(1) A witness must not witness the signature of an elector to an application for a postal ballot-paper and a postal voting envelope unless the witness knows that the statements contained in the application are true, or is satisfied by the applicant’s answers to the witness’s inquiries or by other means that the statements contained in the application are true.Maximum penalty: 5 penalty units.
(2) The witness must not:(a) do anything to find out the elector’s vote, or(b) disclose to a third party any knowledge that the witness has of the vote of the elector, or(c) influence the vote of an elector voting by post in the presence of the witness.Maximum penalty: 10 penalty units.
361 Misconduct in relation to postal voting
A person to whom an application for a postal ballot-paper and a postal voting envelope, or an envelope containing or purporting to contain a postal ballot-paper, is given by an elector for the purpose of delivery or sending to a returning officer, who has agreed to deliver or send the application or envelope, and who without reasonable excuse fails to deliver or send the application or envelope promptly is guilty of an offence.Maximum penalty: 10 penalty units.
362 Misconduct by person present at pre-poll or declared institution voting
(1) A person who is present when an elector is attending a pre-poll voting office or other place for the purpose of voting before election day or when an elector is visited by a pre-poll voting officer for the purpose of voting at a declared institution:(a) must comply with a lawful direction given to the person by an election official, and(b) must not communicate with the elector in relation to the vote, and(c) must not assist the elector or in any manner interfere with the elector in relation to the vote, and(d) must not look at the elector’s vote or do anything to find out how the elector voted.(2) A person is not guilty of an offence against this clause by virtue of anything done in accordance with clause 388.Maximum penalty: 10 penalty units.
363 Other misconduct in relation to postal, pre-poll or declared institution voting
A person other than the elector must not mark or purport to mark a vote on a postal or pre-poll ballot-paper or a ballot-paper handed to an elector at a declared institution unless the person in so doing is acting under clause 388.Maximum penalty: 10 penalty units.
An election official or scrutineer who knows how a particular elector has voted must not disclose that knowledge.Maximum penalty: 5 penalty units.
365 Obstruction of election officials
A person must not hinder or obstruct an election official or scrutineer in the exercise or performance of his or her functions.Maximum penalty: 10 penalty units.
366 False answers to questions put by election officials
A person who, knowing the answer to be untrue, answers a question put to the person by an election official under Division 8 is guilty of an offence.Maximum penalty: 10 penalty units.
A person must not obstruct access to:(a) a polling place, a pre-poll voting office or a place being used for voting under clause 332A, or(b) a space set aside for voting at a polling place, a pre-poll voting office or a place being used for voting under clause 332A.Maximum penalty: 0.5 penalty unit.
368 Persons present in polling place
(1) A person must not remain in a polling place during polling or during the counting or the scrutiny of the ballot-papers.(2) A person who unlawfully remains in a polling place after being requested by an election official to leave the polling place is guilty of an offence.(3) This clause does not prevent:(a) the Electoral Commission, election officials, scrutineers, and police officers on duty, from being present during those times, or(b) persons engaged in voting (and not exceeding the number determined by the returning officer) from being present during polling for as long as is necessary in order for them to vote.Maximum penalty: 5 penalty units.
(1) A scrutineer must not within a polling place, pre-poll voting office, declared institution or mobile booth, while polling is in progress:(a) interfere with or influence an elector, or(b) communicate with any person except as necessary to carry out the scrutineer’s functions.(2) A scrutineer must obey the lawful directions of an election official.(3) A scrutineer does not breach subclause (1) merely by wearing the badge or emblem of a candidate or political party.Maximum penalty: 10 penalty units.
370 Misconduct at polling place or pre-poll voting office
A person must not, without lawful authority:(a) remove a ballot-paper from a polling place or pre-poll voting office, or(b) enter a space set aside for voting in a polling place while another person is in that space, or(c) remain in a space set aside for voting in a polling place or at a pre-poll voting office for a longer period than is necessary for the purpose of marking his or her ballot-paper, or(d) obstruct or unnecessarily delay the proceedings at a polling place or pre-poll voting office.Maximum penalty: 10 penalty units.
371 Improperly signing or witnessing electoral papers
A person must not do any of the following:(a) sign as witness a blank electoral paper,(b) sign as witness an electoral paper that has been wholly or partly filled up unless it has been signed by the signatory,(c) sign as witness an electoral paper unless the person has seen the signatory sign it,(d) write a name that is not his or her own name on an electoral paper as his or her own name,(e) sign an electoral paper with a signature that purports to be that of another person.Maximum penalty: 10 penalty units.
372 Forging or uttering electoral papers
A person must not forge an electoral paper or utter a forged electoral paper, knowing it to be forged.Maximum penalty: 10 penalty units.
(1) A person must not place in a ballot-box a ballot-paper that the person knows has not been lawfully issued to an elector.(2) An elector must not place in the ballot-box a paper other than the ballot-paper issued to him or her.Maximum penalty: 10 penalty units.
A person must not intentionally break open a sealed parcel of ballot-papers or other electoral material unless authorised to do so by the returning officer or the Electoral Commission or required or authorised to do so by or under any legislation or direction of a court.Maximum penalty: 10 penalty units.
A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 147 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.
A candidate at an election must not, in relation to an election under the Act, do any of the things set out in section 149 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.
A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 151 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.
(1) When the proceedings for taking the poll at an election are interrupted or obstructed at a polling place by a riot or open violence, the returning officer is to adjourn the taking of the poll there to the following day. If necessary the returning officer is to adjourn the poll from day to day until the interruption or obstruction has ceased.(2) If the polling place manager fails to open the polling at a polling place for 30 minutes after the time when the polling should have started or if he or she becomes incapable of performing his or her duties after polling has opened, and remains so incapable for a period of 30 minutes or more, the other election officials present are to act for the polling place manager and may exercise his or her functions.(3) If for any reason other than riot or open violence the polling has not been opened at a polling place on the election day or if the polling has been opened but from the absence of necessary forms, documents or materials the poll cannot be proceeded with, the returning officer is to adjourn the polling there to a day not later than 21 days following the election day. The Electoral Commission is to cause public notice to be given immediately of the new day.
384 Notice of adjournment to Electoral Commission
(1) A returning officer who adjourns the taking of a poll must give immediate notice of the adjournment to the Electoral Commission.(2) In the case of an adjournment at any polling place, the initial scrutiny and count under clause 348 at the polling place and the completion of the count under clause 351 in the ward or area where the poll has been adjourned are not to proceed until the adjourned poll has been finally closed.
If the poll has been adjourned at a polling place within a ward, only those electors who are entitled to be enrolled for that ward are entitled to vote at the adjourned poll.
386 Postponed and adjourned elections
In the case of an election postponed under section 288 of the Act or adjourned under clause 383:(a) ballot-papers already printed may be used for the election, even though they show the original date of the election and not the date to which the election has been postponed or adjourned, and(b) the postal ballot-papers issued by the returning officer on or before or after the original date of the election and received by the returning officer up to 6 pm on the first business day following the new date of the election are to be produced by the returning officer, along with the applications for them and the list and signature indications of general postal voters forwarded to the returning officer, at the scrutiny and counting of votes, and(c) in the application of this Regulation, the new date of the election is taken to be the election day, and(d) the ballot-papers of electors who have voted at a pre-poll voting office or at a declared institution before the original date of the election are to be produced by the returning officer at the scrutiny and counting of votes.
If an elector satisfies an election official that he or she has spoilt by reason of accident or mistake the ballot-paper handed to him or her, and that ballot-paper has not been enclosed in an envelope in accordance with Division 7 or 8 of this Part, the election official, on receipt of the spoilt ballot-paper, must:(a) hand or send to the elector a new ballot-paper, and(b) cancel and preserve the spoilt ballot-paper.
388 Assistance to certain electors
(1) If an elector is unable to vote without assistance or if the elector is under a religious obligation not to mark a ballot-paper with his or her own hand, a person appointed by the elector may assist the elector.(2) The person so appointed must, in the same manner as would be required if he or she were the elector, mark a vote on the ballot-paper (and complete and sign any declaration) according to the instructions of the elector and then fold and return it to an election official.(3) However, if (in any form of voting except postal voting) the elector fails to appoint such a person, the polling place manager or pre-poll voting officer (as the case requires) must mark a vote on the ballot-paper (and complete and sign any declaration) according to the instructions of the elector and then fold the ballot-paper.(4) The polling place manager or pre-poll voting officer (as the case requires) must do that in the presence of such scrutineers as are present, or, if there are no scrutineers present, either in the presence of another election official or (if the elector so wishes), in the presence of a person appointed by the elector.
388A Special format of ballot-papers
(1) Braille ballot-papers
The Electoral Commission may, on application made to the Commission by an elector, arrange for the elector to be provided with a ballot-paper in braille format:(a) at a polling place nominated by the elector in the application, or(b) at a pre-poll voting office nominated by the elector in the application, or(c) by post if the elector states in the application that he or she intends to vote by a postal vote.(2) Applications for braille ballot-papers
An application to the Commission under this clause may be made orally to an officer authorised by the Commission to receive such applications or in writing addressed to the Commission. In making an application, the elector must:(a) state his or her full name, residential address and date of birth, and(b) make a declaration to the effect that he or she is not able to read an ordinary ballot-paper but will be able to understand a ballot-paper in braille format and to vote in accordance with the directions on or accompanying the ballot-paper, and(c) state whether he or she intends to vote:(i) on election day—in which case the elector is to nominate the polling place at which the elector intends to vote, or(ii) at a pre-poll voting office—in which case the elector is to nominate the pre-poll voting office at which the elector intends to vote, or(iii) by a postal vote—in which case the application is taken to be an application duly made under clause 314 for a postal ballot-paper and postal voting envelope (even if the application was made orally), and(d) make the application:(i) if made orally—during the period starting with the thirtieth day before nomination day and ending at 5 pm on nomination day, or(ii) if made in writing—so as to reach the Electoral Commission during that period.(3) Manner of making application
An oral application may be made in person or by telephone or similar technology. If made in writing, the application must be delivered or sent (by post or otherwise), or transmitted by facsimile or email.(4) Emailed applications
An application is not validly transmitted by email unless:(a) an image of the completed application signed by the elector, or the person making the application on the elector’s behalf, is included in or attached to the email, and(b) that image includes an image of the actual signature as appearing on the application.(5) Inquiries as to authenticity
The Electoral Commission may make such inquiries as the Commission thinks fit to confirm the authenticity of an application if the Commission considers it appropriate to do so in the circumstances. The Commission may decline to act on an application if not satisfied as to its authenticity.(6) Voting directions on ballot-paper
The Electoral Commission may include directions on or accompanying the ballot-paper stating how the elector must or may indicate his or her vote.(7) Postal voting
If the elector intends to vote by a postal vote:(a) Subdivision 1 of Division 7 has effect subject to this clause, and(b) the Electoral Commission may provide the postal vote certificate in braille format and separate from the postal voting envelope, and(c) the signature of the elector on the postal vote certificate must be in writing.(8) How ballot-paper dealt with
Subject to this clause, the ballot-paper is to be dealt with as nearly as possible in accordance with the provisions of this Regulation that apply to ordinary ballot-papers, but the Electoral Commission may:(a) determine that special arrangements apply to ensure that the ballot-paper is appropriately and properly dealt with, and(b) for that purpose may determine that those provisions apply with such modifications as the Commission thinks appropriate in the circumstances.(9) Ballot-paper not informal because of format
A ballot-paper is not informal under clause 345 (1) (c), or under clause 4 (d) of Schedule 10, just because the braille format of the ballot-paper makes it possible or likely that the elector could be identified.(10) Circumstances in which braille ballot-paper not provided
The Electoral Commission is not obliged to arrange for a ballot-paper to be provided in braille format to an elector under this clause if satisfied:(a) that it is not reasonable in the circumstances to do so, or(b) without limiting paragraph (a), that:(i) there is insufficient time to produce the ballot-paper in that format, or(ii) no facilities or insufficient facilities are reasonably available to produce the ballot-paper in that format,in time for it to be provided to the elector.The Commission is to notify the elector as soon as possible that the ballot-paper will not be provided in braille format.
(11) Limits on Electoral Commission’s role
The Electoral Commission is not obliged to provide or arrange the provision of:(a) ballot-papers in braille format otherwise than as provided in this clause, or(b) ballot-papers in any format other than as specified in this or any other clause of this Regulation.(12) Meaning of braille in this clause
References in this clause to braille are references to braille in a form or version determined by the Electoral Commission.
389 Signature to electoral paper
(1) An electoral paper that is required to be signed by a person is to be signed by that person with his or her personal signature.(2) If a person who is unable to sign his or her name in writing makes his or her mark as his or her signature to an electoral paper, the mark is taken to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness.
The Electoral Commission is to have the rolls checked to determine which electors’ names (if any) have been marked more than once.
391 Security of election materials
(1) The returning officer, after the election has been declared, is to parcel the marked and unmarked ballot-papers, copies of the roll and other papers used in the election.(2) The returning officer is to seal, endorse and sign each parcel, and to allow any scrutineers entitled to be present to do the same to each parcel. The endorsement is to specify the contents of each parcel and the name of the ward (if any) and area, as well as the date of the polling, to which the contents relate.(3) The returning officer is to forward the parcels to the Electoral Commission.(4) The Electoral Commission must have the parcels kept securely for 6 months, and then destroyed, unless the Electoral Commission decides to keep them longer than 6 months.(5) (Repealed)(6) The returning officer is to detach the statistical information sheet from each nomination paper before the papers are parcelled under this clause. The returning officer is then to forward the sheets to the general manager of the relevant council. The general manager must treat the information on the sheets confidentially and the information is to be made available only to the Director-General.
392 Access to election materials
If a court so directs, or the Electoral Commission so decides, or any legislation so requires or permits:(a) the Electoral Commission is to allow any person to inspect any of the election materials kept under clause 391 (4), except the sealed parcels of marked ballot-papers, or(b) the general manager is to allow any person to inspect any of the election materials kept under clause 391 (6).
392A Section 305 votes—prescribed form of declaration
For the purposes of section 305 (c) of the Act, the prescribed form of declaration is:(a) in the case of a person who is voting by pre-poll voting (including pre-poll voting at a declared institution)—Form 10 written or printed on an envelope, or(b) in any other case—Form 11 written or printed on an envelope.
(1) After an election, the Electoral Commission must ensure that:(a) each registered political party that so requests, and(b) each councillor and mayor who is not a member of a registered political party and who makes a request in respect of the councillor’s and mayor’s ward or area, as appropriate,is provided with electoral information containing the names and the addresses of electors who voted (other than silent electors), whether they voted personally or by post and, if they voted at a polling place for the ward or area for which the electors were enrolled, the location of that polling place.(2) The provisions of section 138 (3) and (4) of the Parliamentary Electorates and Elections Act 1912 are adopted in connection with electoral information provided under subclause (1) as set out in subclauses (3) and (4), including the penalty set out at the end of subclause (4).Note. Section 748 (3) and (4) of the Act provide for the creation of offences in connection with elections and polls by adopting, with such modifications as are necessary, any of the provisions of the Parliamentary Electorates and Elections Act 1912, and for the penalty for such an offence not to exceed the penalty for the corresponding offence in that Act.(3) Electoral information provided under subclause (1) must only be used in connection with an election.(4) A person must not use, or cause or permit the use of, electoral information provided under this clause for any purpose other than in connection with an election.Maximum penalty: 1,000 penalty units.
Division 12 Mayors, county councils and referendums
394 Election of mayors by councillors
If a mayor or deputy mayor is to be elected by the councillors of an area, the election is to be in accordance with Schedule 7.
395 Election of chairpersons of county councils
The chairperson of a county council is to be elected in accordance with Schedule 8.
396 Election of members of county councils
Schedule 9 applies in relation to the election of the members of a county council.
397 Constitutional referendums and council polls
This Part applies with such modifications as may be necessary, including the modifications in Schedule 10, to the taking of constitutional referendums and council polls for the purposes of Part 3 of Chapter 4 of the Act in the same way as they apply to an election.