Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 81

81 Applications to cast postal votes in postal ballot elections

(1) This section applies if a person believes they are entitled to vote in a postal ballot election but the person is not given a ballot paper and declaration envelope under section 80 (1) .

(2) The person may apply to the returning officer to cast a postal vote in the postal ballot election.

(2A) The application must be received by the returning officer for the election no later than 7p.m. on the day that is 12 days before the polling day.

Note—

The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.

(3) The application—

(a) may be made orally or in writing; and

(b) if the application is written—must be in the approved form; and

(c) must state the address to which the ballot paper and declaration envelope for the person is to be sent; and

(d) may be given to the returning officer by any person.

(4) Subsection (5) applies if—

(a) the application complies with subsection (3) ; and

(b) the returning officer is satisfied the person is an elector who is entitled to cast a postal vote in the election.

(5) The returning officer must, as soon as practicable after receiving the application, give the person—

(a) a ballot paper and a declaration envelope; and

(b) written instructions on how to cast a postal vote.

(6) The things given to a person under subsection (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.

(7) However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.

(8) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (5) .

(9) If the elector is unable to apply under subsection (2) without help, another person may help the person apply.

(10) If the returning officer receives an application after the time mentioned in subsection (2A) , or is otherwise satisfied the person is not an elector who is entitled to cast a postal vote in the election, the returning officer must give the person a written notice that states the person is not entitled to cast a postal vote in the election.