Special voting

172 Voting by special voters

(1)

Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.

(2)

Different methods of voting may be prescribed for different classes of special voters.

(3)

The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.

(3A)

The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.

(4)

Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

(5)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(5A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

(6)

If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

(7)

No candidate shall act as scrutineer under this section.

(8)

Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

Compare: 1956 No 107 s 110; 1981 No 120 s 34; 1990 No 1 s 57

Section 172(3A): inserted, on 6 December 1995, by section 50 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 172(3A): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 172(4): replaced, on 21 March 2017, by section 81(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 172(5): replaced, on 21 March 2017, by section 81(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 172(5A): inserted, on 21 March 2017, by section 81(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 172(6): replaced, on 21 March 2017, by section 81(3) of the Electoral Amendment Act 2017 (2017 No 9).