Victorian Current Acts Victorian Current Acts(1) This section applies if an alteration is required to a registered how-to-vote card to correct an error in the registered how-to-vote card.
(2) If this section applies, the person who applied for the registration of the how-to-vote card may not later than noon on the 5th working day before the election day submit an amended version of the registered how-to-vote card to the Commission for registration.
(3) Before noon on the next day after receiving an application under subsection (2), the Commission must—
(a) register the amended version of the registered how-to-vote card; or
(b) refuse to register the amended version of the registered how-to-vote card—
and inform the applicant of the Commission's decision.
(4) In determining whether to register an amended version of a registered how-to-vote card, the Commission must have regard to the following matters—
(a) that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed;
(b) that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to-vote card is not less than the relevant prescribed size;
S. 80(4)(c) amended by No. 2/2003 s. 34(3)(a) (as amended by No. 38/2005 s. 18).
(c) in the case of a how-to-vote card to be used for an Assembly election, that the how‑to‑vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate;
S. 80(4)(ca) inserted by No. 2/2003 s. 34(3)(b) (as amended by No. 38/2005 s. 18).
(ca) in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card—
(i) indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or
(ii) indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot-paper; or
(iii) contains a statement to the effect that—
(A) the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or
(B) the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;
S. 80(4)(d) substituted by No. 30/2018 s. 19.
(d) that the how-to-vote card contains on at least one printed side of the how-to-vote card—
(i) the name and address of the person who authorised the how-to-vote card; and
(ii) the name and place of business of the printer or publisher of the how-to-vote card;
(e) that the how-to-vote card contains the prescribed endorsement.
(5) The Commission must refuse to register an amended version of a registered how-to-vote card if the Commission is satisfied that the card—
(a) is likely to mislead or deceive an elector in casting the vote of the elector; or
(b) is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or
(c) contains offensive or obscene material.
(6) An amended version of a registered how-to-vote card cannot be handed out, distributed or otherwise made available unless it has been registered under this section.
S. 81 substituted by No. 38/2005 s. 7.