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.
37 Allowance or disallowance of votes by Returning Officer

(1)

Where the words “Not qualified” are shown on a declaration, the Returning Officer shall disallow the vote of the elector stated in the declaration form.

(1A)

If the words “Party vote qualified” are shown on a declaration, the Returning Officer must allow the party vote, but disallow the electorate vote, of the elector stated in the declaration form unless the Returning Officer is required to disallow the party vote in accordance with subclause (3) or subclause (4).

(2)

If the word “Qualified” is shown on a declaration, the Returning Officer shall allow the vote of the elector named in the declaration unless the Returning Officer is required to disallow the vote in accordance with subclause (3) or subclause (4).

(3)

If a declaration of the kind mentioned in subclause (1A) or subclause (2) does not indicate the ground or grounds on which a special vote is claimed, the Returning Officer shall disallow the vote of the elector stated in the declaration except in any case where—

(a)

the elector’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll; or

(b)

the official mark of the Issuing Officer witnessing the declaration and the date shown on the declaration indicate that the declaration was made on polling day outside the electoral district.

(4)

If a declaration of the kind mentioned in subclause (1A) or subclause (2) is not signed both by the declarant and by a witness authorised by or under these regulations to witness the declaration, the Returning Officer shall disallow the vote of the elector stated in the declaration:

provided that where—

(a)

the declaration is signed by the declarant; and

(b)

either—

(i)

no person has signed the declaration form as a witness; or

(ii)

a person other than a person authorised by or under these regulations to witness the declaration has signed the declaration as a witness,—

the Returning Officer shall not disallow the vote if the Returning Officer is satisfied that the declarant signed the declaration in the presence of a person authorised by or under these regulations to witness the declaration.

(5)

Where a Returning Officer disallows a vote under this regulation, the Returning Officer shall endorse on the envelope and on the declaration form the words “Disallowed, not qualified”, or on the declaration the words “Disallowed, declaration not in order”, as the case may require.

(6)

The Returning Officer shall not disallow the vote of an elector on the ground that the elector has failed to show his or her date of birth or former names in a declaration (being a declaration of the kind mentioned in subclause (2)).

Regulation 37(1): amended, on 23 June 2017, by regulation 4(1) of the Electoral Amendment Regulations 2017 (LI 2017/83).

Regulation 37(1): amended, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).

Regulation 37(1A): inserted, on 16 May 2002, by regulation 17(1) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 37(1A): amended, on 23 June 2017, by regulation 4(1) of the Electoral Amendment Regulations 2017 (LI 2017/83).

Regulation 37(1A): amended, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).

Regulation 37(2): amended, on 23 June 2017, by regulation 4(2) of the Electoral Amendment Regulations 2017 (LI 2017/83).

Regulation 37(3): amended, on 16 May 2002, by regulation 17(2)(a) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 37(4): amended, on 16 May 2002, by regulation 17(2)(b) of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).