Electoral Amendment Act 2017

96 New section 197A inserted (Interfering with or influencing advance voters)

After section 197, insert:

197A Interfering with or influencing advance voters

(1)

A person must not do any of the things listed in subsection (2) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(2)

A person must not—

(a)

hold or take part in a demonstration or procession having direct or indirect reference to the poll; or

(b)

make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus; or

(c)

exhibit, publish, distribute, or broadcast—

(i)

a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or

(ii)

a statement advising or intended or likely to influence an elector to abstain from voting; or

(iii)

a party name, emblem, slogan, or logo; or

(iv)

any ribbons, streamers, rosettes, or items of a similar nature in party colours.

(3)

Despite subsections (1) and (2), a person may do the things allowed by subsections (4) to (7) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(4)

A person may make a statement described in subsection (2)(b) if the statement is a publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

(a)

an advertisement placed by the Electoral Commission; or

(b)

a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

(c)

news that relates to an election.

(5)

A person may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if—

(a)

the statement or thing does not relate specifically to the election campaign; and

(b)

before the advance voting place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.

(6)

A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official.

(7)

A person may wear a party lapel badge if the person is not an electoral official.

(8)

Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act.

(9)

The Electoral Commission may, at any time during the period when an advance voting place is maintained, cause to be removed or obliterated from the advance voting place or the buffer zone statements or things referred to in section 198(1)(a) to (c), subject to section 198(2) and (3).

(10)

In this section,—

advance voting place means an office for advance special voters maintained by the Electoral Commission under regulations made under this Act, but does not include other facilities for special voting (for example, special voting facilities at a hospital)

buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance voting place

entrance means an entrance, used by voters, to the area of the advance voting place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance voting place.