New South Wales Consolidated Regulations

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Postal voting procedure

318 Postal voting procedure

(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 to the elector 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 or pre-poll voting office without first surrendering the ballot-paper and the declaration envelope to the polling place manager at the polling place or the pre-poll voting officer at the pre-poll voting office, as the case requires.
(7) However, if the elector makes a declaration in the form approved by the Director-General (in relation to an election administered by the general manager of a council) or the Electoral Commissioner (in relation to an election administered by the Electoral Commissioner) 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.

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