Electoral Regulations 1996

  • This version was replaced on 28 August 2017 to make corrections to regulations 4B, 18(2), 19(1) and (1)(b), 21(5)(a)(iv), 25(5), 26(3), 45(1)(b), (1)(b)(i), and (2), 46(2) and (7)(b), 49(1)(b)(i) and (2)(a), and form 15 in Schedule 1 under section 25(1)(i), (j)(ii), (iii), and (iv) of the Legislation Act 2012.
21 Issue of special voting papers

(1)

Subject to regulation 19, any Issuing Officer may, upon application made by or on behalf of an elector in accordance with regulation 20, issue,—

(a)

in the case of a general election, a special ballot paper in form 14:

(b)

in the case of a by-election, a special ballot paper in form 15.

(2)

The Issuing Officer shall, in the case of a general election,—

(a)

insert in the ballot paper in form 14 in the space for the declaration number, the consecutive number printed or otherwise entered on the declaration referred to in subclause (5)(a)(i); and

(b)

except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the party vote the name of each political party that has submitted a list of candidates in accordance with section 127 of the Act (not being a list rejected under section 128 of the Act) as shown on the list supplied by the Electoral Commission; and

(c)

except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the electorate vote the names of the constituency candidates; and

(d)

except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the electorate vote immediately under the name of each constituency candidate in the manner prescribed by section 150(6)(d) of the Act, either—

(i)

the name of the constituency candidate’s political party; or

(ii)

the word “INDEPENDENT”.

(3)

The Issuing Officer shall, in the case of a by-election,—

(a)

insert in the ballot paper in form 15 in the space for the declaration number, the consecutive number printed or otherwise entered on the declaration referred to in subclause (5)(a)(i); and

(b)

except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 15 relating to the electorate vote the names of the constituency candidates; and

(c)

except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 15 relating to the electorate vote immediately under the name of each constituency candidate, in the manner prescribed by section 150(6)(d) of the Act, either—

(i)

the name of the constituency candidate’s political party; or

(ii)

the word “INDEPENDENT”.

(4)

Special ballot papers issued pursuant to paragraph (a) or paragraph (b) of subclause (1) may include logos in accordance with section 172(3A) of the Act.

(5)

Every person issuing a ballot paper in accordance with subclause (1)—

(a)

shall issue together with the ballot paper—

(i)

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

(ii)

if a declaration is issued, an envelope that—

(A)

contains 2 self-contained compartments; and

(B)

is addressed by the Issuing Officer to the Returning Officer for the district for which the vote is issued; and

(iii)

any voting paper required to be issued under any enactment; and

(iv)

unless the ballot paper is being issued to the voter in person, an instruction sheet on special voting.

(b)
[Revoked]

(6)

Where the voter is not on the main roll or any supplementary roll for the district but an acknowledgment of enrolment of that voter as an elector of that district or other documentary evidence that the voter is an elector of the district, is produced to the Issuing Officer, the Issuing Officer may endorse on the declaration the words “Not on printed roll—form 3 (or [state nature of the other evidence]) produced”.

(7)

[Revoked]

(8)

Where a ballot paper or a voting paper is issued under this regulation, the Issuing Officer shall ensure—

(a)

that a piece of gummed paper is firmly fixed over the consecutive number on that ballot paper or voting paper so as to conceal that number effectively; and

(b)

that the Issuing Officer’s official mark is placed on—

(i)

that ballot paper; and

(ii)

that voting paper; and

(iii)

the declaration form.

Regulation 21 heading: replaced, on 1 June 2014, by regulation 5 of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 21(2)(b): amended, on 1 October 2010, by section 32(1)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Regulation 21(5)(a)(i): amended, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).

Regulation 21(5)(a)(ii): replaced, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).

Regulation 21(5)(b): revoked, on 16 May 2002, by regulation 7 of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 21(7): revoked, on 16 May 2002, by regulation 7 of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).