Western Australian Current Acts Western Australian Current Acts (1) In this section,
ballot papers means early ballot papers mentioned in section 90, ballot papers
for absent voting under section 99A, and ballot papers for provisional voting
under section 119(4a), 122(2) or 122A.
(2) The regulations
relating to early voting, absent voting under section 99A, and provisional
voting under section 119(4a), 122(2) or 122A may prescribe all matters, not
inconsistent with this Act, necessary or convenient to be prescribed for
carrying the provisions of this Act relating to those methods of voting into
effect, and in particular may provide for —
(a) the
forms of ballot papers; and
(b) the
manner in which votes are to be marked on ballot papers; and
(c) the
method of dealing with ballot papers, including the scrutiny thereof and the
counting of votes thereon; and
(d) the
grounds upon which ballot papers are to be rejected as informal; and
(e) the
retention and preservation of documents likely to be required in case of a
disputed election including envelopes, rejected votes and ballot papers until
validity of the election in respect of which they are used is no longer liable
to be disputed.
(3) Ballot papers
containing votes and enclosed in any prescribed envelope may, if so provided
by the regulations, be placed in any ballot box in use at the polling place at
which the votes were cast and in the case of early ballot papers, in any
ballot box in use at the place at which they were received but subject to
sections 144(2b), 146, 146I(1), and 146J a prescribed envelope containing a
ballot paper shall, unless the regulations provide otherwise, only be opened
and the ballot paper dealt with, as regards the scrutiny thereof and the
counting of the votes thereon by the Electoral Commissioner or an assistant
returning officer appointed pursuant to section 142A or pursuant to that
section as applied by section 146B(1).
(4) The returning
officer or assistant returning officer who is authorised by the provisions of
this Act to open the ballot box, shall, without opening the envelope
containing any ballot paper, transmit it in the manner prescribed to the
Electoral Commissioner.
(5) Nothing in this
section shall authorise any elector to vote more than once at any election.
[Section 99B inserted: No. 58 of 1951 s. 11;
amended: No. 57 of 1952 s. 8; No. 53 of 1957 s. 10; No. 40 of 1987 s. 57 and
84; No. 79 of 1987 s. 32; No. 36 of 2000 s. 48(1) and (9).]
[Heading inserted: No. 14 of 2016 s. 12.]