Western Australian Current Acts Western Australian Current Acts (1) An elector may, at
any time after the polling day has been publicly announced by the Government,
make an application for an early ballot paper.
(1a) An elector may
make an application for an early ballot paper to —
(a) the
Electoral Commissioner; or
(b) the
Deputy Electoral Commissioner; or
(c) a
returning officer; or
(d) an
officer of the Western Australian Electoral Commission appointed by the
Electoral Commissioner to issue early ballot papers; or
(e) a
registrar as defined in the Magistrates Court Act 2004 section 3, other than
a deputy registrar appointed under section 26(5) of that Act; or
(f) a
person appointed in writing by the Electoral Commissioner.
(2) Each of the
persons referred to in subsection (1a)(a), (b), (c), (d), (e) and (f) is in
this Part called an issuing officer .
(3) An application for
an early ballot paper may be made orally or in writing and, if made in
writing, may be made whether the elector is within or outside the State at the
time of applying.
(3a) A written
application for an early ballot paper may be in the prescribed form for the
election or elections, as the case may be, and shall —
(a)
contain a statement by the applicant to the effect that the applicant is an
elector; and
(b) be
signed by the applicant; and
(c) be
sent to an issuing officer by post.
(3B) If an elector who
wishes to make a written application for an early ballot paper is unable to
sign the application because the elector is sight impaired, physically
incapacitated or illiterate, then on satisfying an authorised witness of that
inability to sign, the elector may make a distinguishing mark on the
application which must be witnessed by the authorised witness.
(3c) Where an elector
who makes a written application for an early ballot paper expects to be absent
from the address for which he is enrolled at the time that the early ballot
paper will be forwarded by the issuing officer the elector may in the
application state an address to which the ballot paper is to be forwarded.
(3d) Any ballot paper,
declaration, envelope or notice that is required by this section to be posted
to an elector who has made a written application for an early ballot paper
shall be posted to the address for which the elector is enrolled unless the
elector has stated another address under subsection (3c) in which case it
shall be posted to that other address.
(3e) An oral
application for an early ballot paper shall be made in person before an
issuing officer and —
(a)
shall include the following statements —
[(i) deleted]
(ii)
a statement specifying the district for which the
applicant is enrolled;
(iii)
a statement of such other particulars (if any) as are
prescribed;
(b)
shall not be made earlier than 24 hours after the hour of nomination.
(4) On receipt of a
written application made under this section, the issuing officer —
(a)
shall enter on the application form the date of its receipt and sign the
endorsement; and
(b)
shall number it in the manner prescribed by the regulations, if it is properly
signed and, in the case of an elector making his mark, it is witnessed and the
application is otherwise in order; and
(c)
shall after the close of nominations, issue to the elector by post —
(i)
an early ballot paper printed under the authority of the
Electoral Commissioner in the form prescribed by the regulations and
initialled by the issuing officer and a declaration in the form so prescribed;
and
(ii)
an envelope marked “ballot paper”; and
(iii)
a further envelope addressed to the Electoral
Commissioner for the purpose of returning therein to him the declaration which
was completed by the elector and authorised witness together with the envelope
containing the ballot paper.
(4aa) A ballot paper
printed on official paper does not have to be initialled by the issuing
officer under subsection (4)(c)(i) or (4b)(a).
(4a) The Electoral
Commissioner may direct any issuing officer to forward all or any written
applications made under this section to the office of the Electoral
Commissioner so that any such applications can be dealt with in terms of
subsection (4) by an issuing officer designated by the Electoral Commissioner.
(4b) Where an oral
application for an early ballot paper is made to an issuing officer and the
issuing officer is satisfied that the application is properly made, the
issuing officer shall issue to the elector —
(a) an
early ballot paper printed under the authority of the Electoral Commissioner
in the form prescribed by the regulations and initialled by the issuing
officer; and
(b) an
envelope marked “ballot paper”,
and make a record of
the name of the elector and of such other particulars as are prescribed.
(4c) Immediately on
issuing the ballot paper and envelope to the elector under subsection (4b),
the issuing officer shall —
(a) if a
copy of the electoral roll is available, make a record of the elector’s
name on a copy of the roll in the manner prescribed for the purposes of
section 126(1); or
(b) if a
copy of the electoral roll is not available —
(i)
issue the elector with a declaration in the prescribed
form; and
(ii)
make a record of the name of the elector and of such
other particulars as are prescribed.
(5) Notwithstanding
anything in subsection (1), (4) or (4b), an issuing officer shall not issue an
early ballot paper —
(a) in
respect of a written application for an early ballot paper unless the
application is received before 6 p.m. on the Wednesday next preceding polling
day;
(b) in
respect of an oral application for an early ballot paper unless the
application is made before 6 p.m. on the day immediately preceding polling
day.
(6) When a written
application for an early ballot paper has been dealt with by an issuing
officer, the issuing officer shall forthwith send the application to the
Electoral Commissioner.
(7) If the issuing
officer dealing with a written application for an early ballot paper is not
satisfied that the application is in order, the issuing officer must give the
applicant written notice.
(7a) When a written
application for an early ballot paper is properly signed by the applicant, the
application shall not be deemed insufficient or invalid by reason only that in
the application there is an omission or incorrect description or
misdescription in respect of any of the particulars required by law to be
contained therein.
[(8)(a), (b) deleted]
(9) Where an issuing
officer issues an early ballot paper to an elector under this section and the
elector satisfies the issuing officer that the ballot paper has not been
delivered to the elector or has been lost or destroyed the issuing officer
shall issue a further ballot paper together with the necessary envelopes and
declaration to the elector and shall advise the Electoral Commissioner of that
fact.
(10) A person who
obtains an early ballot paper by impersonating another person or making a
false statement either in a written application or in an oral application
commits an offence.
Penalty: 12 months imprisonment.
(11) Where a person
wishes to vote at 2 elections that are held on the same day only one
application for an early ballot paper is necessary in respect of the elections
and the issuing officer shall, subject to this Act, provide an applicant for
an early ballot paper with such ballot papers and ballot paper envelopes as
are necessary in respect of each election.
[(12) deleted]
(13) Notwithstanding
anything in this section, the issuing officer is not —
(a)
authorised to issue early ballot papers before the expiration of 24 hours
after the hour of nomination; or
(b)
required to issue an early ballot paper before the expiration of 48 hours
after the hour of nomination.
[Section 90 inserted: No. 59 of 1959 s. 5;
amended: No. 51 of 1962 s. 6; No. 33 of 1964 s. 28; No. 68 of 1964 s. 18; No.
113 of 1965 s. 8; No. 28 of 1970 s. 13; No. 94 of 1972 s. 4; No. 39 of 1979 s.
12; No. 9 of 1983 s. 18; No. 40 of 1987 s. 52 and 84; No. 79 of 1987 s. 28;
No. 78 of 1995 s. 147; No. 43 of 1996 s. 10; No. 36 of 2000 s. 28(1), 44,
48(1), (2), (3) and (4) and 82; No. 59 of 2004 s. 141; No. 64 of 2006 s. 29;
No. 7 of 2009 s. 12; No. 35 of 2012 s. 18; No. 14 of 2016 s. 10; No. 20 of
2021 s. 55.]