Electoral Regulations 1996

34 Disallowance of special votes received late

• (1) If any envelope appearing to contain a special vote for a Returning Officer's district is received by the Returning Officer later than 7 pm on the tenth day after polling day, the Returning Officer shall disallow the vote.

  (2) If, after examining the envelope and the declaration form, the Returning Officer is satisfied that any special vote not disallowed under subclause (1)—

  • (a) was not received before the close of the poll by an Issuing Officer, as provided by regulation 27(6) or regulation 27(7); or

  • (b) in the case of a vote issued under Part 3, was not received as provided in regulation 50(1)(a), (b), or (c); or

  • (c) in the case of a vote issued under Part 4, was not received either as provided in regulation 61(1) or (2), or in accordance with the requirements of the Electoral Commission under regulation 62,—

  the Returning Officer shall disallow the vote.

  (3) Where a Returning Officer disallows a vote under this regulation, the compartment containing the ballot and voting papers shall be left unopened and the Returning Officer shall set aside the envelope after having written across it and across the declaration form the words “Disallowed, received late”.

  Regulation 34(2)(b): amended, on 16 May 2002, by regulation 15(a) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

  Regulation 34(2)(c): amended, on 1 October 2010, by section 32(1)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

  Regulation 34(2)(c): amended, on 16 May 2002, by regulation 15(b) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).