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.
36 Duties of Electoral Commission

(1)

When examining a declaration, the Electoral Commission must determine whether the name stated in the declaration is that of a person—

(a)

who is qualified to vote under section 60 of the Act; or

(b)

whose party vote may not be disallowed under section 178(5A) of the Act.

(2)

Without limiting any other steps that the Electoral Commission may take or the information it may use when making its determination, the Electoral Commission—

(a)

must ascertain whether the name stated in the declaration appears on the roll for the district:

(b)

must take into account, and may accept as sufficient evidence that the name stated in the declaration is that of a person qualified to vote, any endorsement made, under regulation 21(6), on the declaration:

(c)

must, where section 60(b) of the Act may be applicable, check the applications for registration received by the Electoral Commission after writ day and before polling day:

(d)

must, where section 60(c) of the Act may be applicable, ascertain whether the name stated in the declaration is that of a person who, at the time of the last election, was registered as an elector of the district, or, where a change of boundaries has intervened, of some other district in which the person’s place of residence was then situated:

(e)

must, where section 60(d) of the Act may be applicable, ascertain whether the name stated in the declaration appears on a dormant roll for the district as it existed on the day before polling day:

(f)

must, where section 60(e) of the Act may be applicable, ascertain whether a resident or former resident of Campbell Island or Raoul Island has made the declaration:

(g)

must, where section 178(5A) of the Act may be applicable, ascertain whether the name stated in the declaration appears on the roll for any district.

Regulation 36: replaced, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).