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.
27 Voting by special voter

(1)

The vote of an elector voting as a special voter must be exercised—

(a)

in the manner prescribed by this regulation; or

(b)

in accordance with any arrangements made by the Electoral Commission under regulation 23A or 58.

(2)

Where the elector applies in person for a special vote, the Issuing Officer shall, after the completion of the declaration,—

(a)

place the declaration in the compartment of the envelope marked “Declaration”; and

(b)

after sealing the compartment of the envelope marked “Declaration”, hand to the elector—

(i)

that envelope; and

(ii)

a special ballot paper; and

(iii)

any voting papers issued under any enactment.

(3)

Where the elector does not apply in person for a special vote, the elector shall, after completing the declaration, place the declaration in the compartment of the envelope marked “Declaration”.

(3A)

This subclause and subclause (3B) apply if both Parts 1 and 2 of form 17 are printed.

(3B)

For the purposes of subclauses (2) and (4), an elector must complete only Part 1 of form 17 if the elector—

(a)

has been issued with a declaration in form 17; and

(b)

is not a special voter under regulation 22.

(4)

When the declaration has, as the case may require, been dealt with as required by subclause (2) or subclause (3) or as required by subclauses (3) to (4) of regulation 22, the elector shall then 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 elector 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 elector wishes to vote; and

(c)

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

(5)

The ballot paper and any voting papers shall then be placed in the compartment of the envelope marked “BALLOT AND/OR VOTING PAPERS” and the compartment sealed.

(6)

Where an elector exercises a special vote in a polling place, the envelope shall be deposited as an Issuing Officer directs either in the ballot box or in a receptacle specially provided for the votes of special voters, and every such envelope shall be deemed to have been received by the Issuing Officer for that polling place at the time when it was so deposited.

(7)

Where an elector exercises a special vote other than in a polling place, the elector may arrange for the envelope to be delivered to a Returning Officer or an Issuing Officer—

(a)

by hand; or

(b)

by post.

(7A)

An envelope delivered by hand under subclause (7)(a) must be received before the close of the poll.

(7B)

An envelope delivered by post under subclause (7)(b) must be—

(a)

postmarked or date-stamped by any New Zealand Post outlet or agency before polling day; and

(b)

received not later than noon on the fourth day following polling day.

(8)

If the elector—

(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,—

he or she may vote in accordance with subclause (9) or subclause (10).

(9)

If an elector to whom subclause (8) applies votes at a polling place, the provisions of section 170 of the Act shall apply with the necessary modifications.

(10)

If an elector to whom subclause (8) applies votes otherwise than at a polling place, the witness to the declaration (who shall not be a person approved under regulation 26) shall—

(a)

assist the elector to mark the ballot paper and any voting papers; or

(b)

mark the ballot paper and any voting papers as instructed by the elector.

Regulation 27(1): replaced, on 1 June 2014, by regulation 9(1) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 27(3A): inserted, on 16 May 2002, by regulation 12(2) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(3B): inserted, on 16 May 2002, by regulation 12(2) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(4): amended, on 16 May 2002, by regulation 12(3) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(6): amended, on 1 June 2014, by regulation 9(2) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 27(6): amended, on 16 May 2002, by regulation 12(1) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(6): amended, on 16 May 2002, by regulation 12(4)(a) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(6): amended, on 16 May 2002, by regulation 12(4)(b) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(7): replaced, on 1 June 2014, by regulation 9(3) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 27(7A): inserted, on 1 June 2014, by regulation 9(3) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 27(7B): inserted, on 1 June 2014, by regulation 9(3) of the Electoral Amendment Regulations 2014 (LI 2014/122).

Regulation 27(9): amended, on 16 May 2002, by regulation 12(1) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 27(10): amended, on 16 May 2002, by regulation 12(1) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).