New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 314

Postal voting: application

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 of application The application is to be in the form approved by:
(a) in relation to an election administered by a general manager of a council--the Director-General, or
(b) in relation to an election administered by the Electoral Commissioner--the Electoral Commissioner.
(3) Application to be made to returning officer or Electoral Commissioner An application under this clause is to be made to the following persons:
(a) in relation to an election administered by a general manager--the returning officer,
(b) in relation to an election administered by the Electoral Commissioner--the Electoral Commissioner.
(4) Method of application An application under this clause may be made:
(a) by physically delivering or sending it (by post or otherwise) to the relevant returning officer or Electoral Commissioner, as the case requires, or
(b) by transmitting it by facsimile or email to the relevant returning officer or Electoral Commissioner, as the case requires, or
(c) by completing the electronic form on the Electoral Commission's website in accordance with the directions of the Commission.
(5) Closing date for applications An application under this clause must be received by the relevant person by 5 pm on the fifth day before election day.
(6) Electoral Commissioner to forward application to returning officers for council administered elections If an application made to the Electoral Commissioner under this clause (including by use of the electronic form on the Electoral Commission's website) relates to an election administered by a general manager:
(a) the Electoral Commissioner is to forward that application to the relevant returning officer for the election, and
(b) the application is taken to have been received by that returning officer at the time it was received by the Electoral Commissioner.
(7) Physical delivery or sending of application If a written application is to be physically delivered or sent (by post or otherwise) to a returning officer or the Electoral Commissioner, the application:
(a) is to be placed by the applicant in an envelope addressed to the returning officer or the Electoral Commissioner and sealed, and
(b) is to be delivered or sent directly to that person 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 other person).
(8) Emailed application If the application is emailed to a returning officer or the Electoral Commissioner, 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.
(9) Inquiries as to authenticity of application The returning officer or Electoral Commissioner 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.



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