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.
24 Special vote in district before polling day

(1)

Where under regulation 20(a) an application for a special vote is made in person by an elector before polling day at an office maintained under regulation 19(2) by the Returning Officer of the elector’s own district, an Issuing Officer, instead of issuing a special ballot paper under regulation 21(1), may issue a ballot paper in accordance with section 167 of the Act; and in any such case that section shall apply with the necessary modifications.

(2)

The following provisions shall not apply in respect of a special vote under this regulation:

(a)

the provisions of regulation 21:

(b)

the provisions of regulations 25 to 42.

(3)

[Revoked]

(4)

Every voter who exercises a vote under this regulation shall alone and secretly—

(a)

mark the party vote portion of the ballot paper with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and

(b)

mark the electorate vote portion of the ballot paper with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote; and

(c)

mark any voting paper in accordance with the instructions on that voting paper.

(5)

Where a special vote under this regulation is exercised by a voter who—

(a)

is wholly or partially blind; or

(b)

whether because of physical handicap or otherwise, is unable to read or write; or

(c)

has severe difficulty in reading or writing; or

(d)

is not sufficiently familiar with the English language to vote without assistance,—

section 170 of the Act shall apply, so far as it is applicable and with the necessary modifications.

(6)

Subject to subclause (5), every person present when a special vote under this regulation is exercised by a voter—

(a)

shall refrain from looking at or becoming acquainted with the vote given by the voter; and

(b)

shall not in any way attempt to influence or interfere with the voter in the exercise of his or her vote; and

(c)

shall not allow any person,—

(i)

to see or become acquainted with the voter’s vote; or

(ii)

to assist the voter to vote; or

(iii)

to interfere in any way with the voter in relation to his or her vote.

(7)

When a special vote under this regulation has been exercised by a voter, the voter—

(a)

shall fold his or her ballot paper so that the contents cannot be seen; and

(b)

shall fold any voting paper or voting papers so that the contents cannot be seen; and

(c)

shall then deposit the ballot paper so folded and the voting paper or voting papers (if any) so folded in the ballot box for the appropriate district.

(8)

[Revoked]

(9)

At any time before 2 pm on polling day, every Issuing Officer authorised to issue special votes under this regulation must, in respect of each district,—

(a)

make up into separate parcels, endorsed in accordance with section 174A(1)(b) of the Act,—

(i)

the certified copies of the main roll and supplementary rolls that have been marked by Issuing Officers to indicate the persons who applied to vote; and

(ii)

all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers and voting papers; and

(iii)

all the spoilt ballot papers and voting papers; and

(b)

deliver into the possession of the Returning Officer the sealed or locked ballot box and, if applicable, its key and all parcels mentioned in paragraph (a).

(10)

[Revoked]

Regulation 24(1): amended, on 1 June 2014, by regulation 7(1) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 24(2)(b): amended, on 1 January 2011, by section 42(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Regulation 24(3): revoked, on 1 January 2011, by section 42(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Regulation 24(4): amended, on 1 January 2011, by section 42(5) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Regulation 24(8): revoked, on 16 May 2002, by regulation 10(1) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 24(9): substituted, on 16 May 2002, by regulation 10(2) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 24(9): amended, on 1 June 2014, by regulation 7(2) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 24(9)(b): amended, on 1 January 2011, by section 42(6) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Regulation 24(10): revoked, on 16 May 2002, by regulation 10(2) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).