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ELECTORAL ACT 1907 - SECT 95

95 .         Early ballot papers etc., offences as to

        (1)         A person shall not persuade or induce, or associate with any other person in persuading or inducing, an elector to make application for an early ballot paper.

        (1a)         An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for an early ballot paper.

        (2)         A person other than the elector to whom the early ballot paper has been issued, or other than a person appointed by the elector in pursuance of section 92(5), shall not mark a vote on any ballot paper.

        (3)         A person shall not open any envelope which is addressed to the Electoral Commissioner, and in which an early ballot paper has been enclosed, unless authorised to do so by the Electoral Commissioner.

        (4)         A person shall not persuade or induce an elector to hand over to him an early ballot paper upon which a vote has been recorded.

        (5)         An authorised witness shall not influence or attempt to influence in any way the vote of an elector voting by early vote before him.

        (6)         An authorised witness shall not disclose any knowledge of the vote of any elector voting by early vote before him.

        (6a)         A person appointed by an elector to mark the vote of an elector on the ballot paper under the provisions of section 92(5) shall not disclose any knowledge of the vote of the elector on whose behalf he marked the vote on the ballot paper.

        (7)         Any person present when an elector is before an authorised witness for the purpose of voting —

            (a)         shall obey all directions of the authorised witness; and

            (b)         shall not, except as provided in section 92(5)

                  (i)         make any communication whatever to the elector in relation to his vote; and

                  (ii)         assist the elector, or in any way interfere with him in relation to his vote; and

                  (iii)         look at, or do anything else whereby he may become acquainted with the elector’s vote.

        (8)         Where an elector is an inmate in an institution, which institution is prescribed by the regulations as one to which the provisions of this section apply, or is an inmate in an institution or is a patient in a hospital at which a polling place has been appointed under the provisions of section 100, then notwithstanding any other provision of this Act, a person shall not —

            (a)         give to the elector an early ballot paper; or

            (b)         be present when the elector indicates his vote on the early ballot paper; or

            (c)         sign his name on the declaration accompanying the early ballot paper; or

            (d)         take custody of or transmit to the Electoral Commissioner the envelope containing the early ballot paper; or

            (e)         visit the elector in connection with or relative to his voting by early vote, if such visit is forbidden by or on behalf of a legally qualified medical practitioner,

                unless, except in the case referred to in paragraph (e), he is authorised in writing by the Electoral Commissioner to do so.

        (9)         A person to whom an application for an early ballot paper or an envelope containing or purporting to contain an early ballot paper is entrusted by a voter for the purpose of posting it or delivering it to the Electoral Commissioner or a returning officer or delivering it to a presiding officer, shall forthwith post or deliver the application or envelope.

        (10)         A person guilty of any contravention of any of the provisions of this section is liable to a penalty not exceeding $1 000.

        [Section 95 inserted: No. 53 of 1957 s. 8; amended: No. 59 of 1959 s. 8; No. 113 of 1965 s. 8; No. 39 of 1979 s. 13; No. 40 of 1987 s. 84; No. 79 of 1987 s. 78; No. 78 of 1995 s. 147; No. 36 of 2000 s. 48(1), (2), (4), (6) to (8).]

[ 96.         Deleted: No. 57 of 1952 s. 5.]



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