Western Australian Current Acts Western Australian Current Acts (1) If an elector
cannot vote without assistance because the elector is sight impaired,
physically incapacitated or illiterate, the elector may nominate a person
(other than a candidate at the election or a scrutineer for a candidate) to
assist the elector, and the nominated person must mark the elector’s
ballot paper according to the directions of the elector and fold and deposit
the ballot paper in the ballot box.
(1a) Dealings with a
ballot paper under subsection (1) are to be conducted in the presence of such
scrutineers as are present, or, if there are no scrutineers present, then in
the presence of an electoral officer who is not the person nominated to assist
the elector.
(2) Without limiting
the generality of subsection (1), an elector to whom that subsection applies
may indicate the manner in which the elector wishes the ballot paper to be
marked by presenting to the person marking the ballot paper a statement in
writing (which may be, or include, a “how-to-vote” card) that
specifies the manner in which the ballot paper is to be marked.
(3) Where an elector
is at a place that is in close proximity to a polling place but is unable to
enter the polling place because of physical disability, sections 118 to 126
shall apply, or may be applied, to the person at the first-mentioned place
and, at that place —
(a) the
elector —
(i)
may mark his vote on the ballot paper in the presence of
the presiding officer, an assistant presiding officer or a poll clerk, and of
such scrutineers as are present; and
(ii)
fold the ballot paper so as to conceal the names of the
candidates, and hand the ballot paper to the electoral officer in whose
presence it was marked;
or
(b) the
elector’s ballot paper may be marked, folded and deposited in a ballot
box by a person in accordance with subsection (1).
(4) The electoral
officer who is handed a ballot paper under subsection (3)(a)(ii) shall return
to the polling place and deposit the ballot paper in the ballot box.
[Section 129 inserted: No. 39 of 1979 s. 21;
amended: No. 79 of 1987 s. 54; No. 64 of 2006 s. 35.]