New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 388A

Special format of ballot-papers

388A Special format of ballot-papers

(1) Braille ballot-papers The election manager may, on application made to the election manager 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 election manager under this clause may be made orally to an officer authorised by the election manager to receive such applications or in writing addressed to the election manager. 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 election manager 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 election manager may make such inquiries as the election manager thinks fit to confirm the authenticity of an application if the election manager considers it appropriate to do so in the circumstances. The election manager may decline to act on an application if not satisfied as to its authenticity.
(6) Voting directions on ballot-paper The election manager 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 election manager 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 election manager 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 election manager 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 election manager 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 election manager is to notify the elector as soon as possible that the ballot-paper will not be provided in braille format.
(11) Limits on election manager's role The election manager 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 election manager.



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