Electoral Amendment Act 2017

26 Section 88 replaced (Applications received after issue of writ)

Replace section 88 with:

88 Applications received after issue of writ

(1)

If a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Electoral Commission may not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Electoral Commission receives on or after polling day.

(2)

For the purposes of subsection (1), an application for registration is to be treated as having been received before polling day if—

(a)

the application or the envelope in which it is contained bears a postmark or date stamp impressed before polling day at a place that the Electoral Commission has designated; or

(b)

the applicant for registration produces a receipt that—

(i)

relates to the application; and

(ii)

was issued before polling day at a place that the Electoral Commission has designated; and

(iii)

was lodged at a polling place or with an electoral officer issuing special votes.

(3)

If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before polling day,—

(a)

the Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and

(b)

the Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and

(c)

the person may, at that election, vote only by way of a special vote.