95A Notice of elector’s objection

(1)

Subject to subsections (3) and (4) of section 95, the Electoral Commission must, on receipt of an objection under section 95, forthwith serve on—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

notice in writing of the objection, which notice must include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

(2)

Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in District Court Rules 2014.

(3)

The notice issued by the Electoral Commission under subsection (1) must also inform the person objected to—

(a)

that he or she may forward to the Electoral Commission a statement signed by him or her giving reasons why his or her name should be retained on the roll; and

(b)

that his or her name will be retained on the roll if he or she provides the Electoral Commission with evidence that satisfies the Electoral Commission that the name of the person objected to should be retained on the roll; and

(c)

that if he or she fails to forward a statement to the Electoral Commission within 14 days after the day on which that notice is served on the person objected to, the Electoral Commission will, under section 95B, remove from the roll the name of the person objected to.

(4)

If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must—

(a)

remove the name of the person from the roll; and

(b)

include the name in the dormant roll maintained under section 109.

Section 95A: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95A(1): amended, on 21 March 2017, by section 37(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(1): amended, on 21 March 2017, by section 37(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 95A(3): amended, on 21 March 2017, by section 37(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(a): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(b): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(c): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(4): replaced, on 21 March 2017, by section 37(4) of the Electoral Amendment Act 2017 (2017 No 9).