Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTORAL ACT 1992 - SECT 135

Declaration voting at polling places

    (1)     If a person attends before an officer at a polling place on polling day and claims to vote at an election, the officer shall issue declaration voting papers to the person for the relevant electorate if satisfied that—

        (a)     a preliminary certified list of electors does not include the person's name; or

        (b)     a preliminary certified list of electors has been marked so as to indicate that a ballot paper has already been issued to the person but the person claims not to have voted already at the election.

    (2)     Despite subsection (1), an officer shall not issue declaration voting papers to a person who indicates that they have already voted at the election.

    (3)     The officer shall—

        (a)     give the claimant a written statement indicating the consequences of casting a declaration vote under this section; and

        (b)     record the name of the claimant.

Note     If a form is approved under s 340A (Approved forms) for a statement, the form must be used.

    (4)     Subject to section 156, the following requirements apply to the casting of a declaration vote under this section:

        (a)     the person shall complete and sign the declaration in the presence of the officer;

        (b)     the officer shall complete and sign the certificate as witness;

        (c)     the person shall go to an unoccupied voting compartment at the polling place and there, in private—

              (i)     mark the person's vote on the ballot paper in accordance with section 132; and

              (ii)     fold the ballot paper so as to conceal the vote;

        (d)     the person shall return the folded ballot paper to the officer;

        (e)     the officer shall, in the presence of the person, without unfolding the ballot paper, place it in the envelope on which the declaration referred to in paragraph (a) appears, fasten the envelope and place it in a ballot box at the polling place;

        (f)     the person shall then leave the polling place.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback