(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.]