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.
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)

A Returning Officer must also disallow any special vote if, after examining the envelope and declaration form in respect of that vote, the Returning Officer is satisfied that,—

(a)

in the case of a vote issued under this Part,—

(i)

the vote was exercised in a polling place and under regulation 27(6) is deemed to have been received by the Issuing Officer for that polling place at a time later than the close of the poll; or

(ii)

the vote was exercised other than in a polling place and the envelope is marked under regulation 29(2) or (4) “Received late”; or

(b)

in the case of a vote issued under Part 3, the envelope was not received in accordance with regulation 50(1)(a), (b), or (c); or

(c)

in the case of a vote issued under Part 4, the vote was not received in accordance with regulation 63A(1)(a) or (b).

(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): replaced, on 1 June 2014, by regulation 11 of the Electoral Amendment Regulations 2014 (LI 2014/122).