In regulation 3, replace “in form 1”
with “in a form that the Electoral Commission has approved”
.
In regulation 4, replace “shall be in form 4”
with “must be in a form that the Electoral Commission has approved”
.
In regulation 4A, replace “in form 6”
with “in a form that the Electoral Commission has approved”
.
In regulation 4B, replace “in form 7”
with “in a form that the Electoral Commission has approved”
.
In regulation 12(1), replace “Registrar of Electors shall”
with “Electoral Commission must”
.
In regulation 12(2),—
(a)
replace “Registrar of Electors”
with “Electoral Commission”
; and
(b)
replace “Registrar under”
with “Electoral Commission under”
.
In regulation 15, replace “Registrar of Electors”
with “Electoral Commission”
.
In regulation 21(5)(a)(i), replace “in form 17 or form 18 or form 19, as the case may require”
with “in a form that the Electoral Commission has approved”
.
Replace regulation 21(5)(a)(ii) with:
(ii)
if a declaration is issued, an envelope that—
(A)
contains 2 self-contained compartments; and
(B)
is addressed by the Issuing Officer to the Returning Officer for the district for which the vote is issued; and
Replace regulation 23B(2) with:
(2)
Every Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.
(3)
The declaration must—
(a)
be in a form that the Electoral Commission has approved; and
(b)
be witnessed as specified in the form.
Replace regulation 24A(7) with:
(7)
Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.
(7A)
The declaration must—
(a)
be in a form that the Electoral Commission has approved; and
(b)
be witnessed as specified in the form.
Replace regulation 25 with:
25 Declaration by special voter
(1)
Every person who makes a declaration under this Part or Part 3 must indicate on the declaration the ground or grounds on which that person is claiming a special vote.
(2)
The declaration must—
(a)
be in a form that the Electoral Commission has approved; and
(b)
be witnessed as specified in the form.
Replace regulations 35 and 36 with:
35 Electoral Commission to determine whether person casting special vote is qualified to vote
The Electoral Commission must—
(a)
examine each declaration for a special vote (not being a special vote that is disallowed because it has been received late) for the purpose of determining whether the person is qualified to vote; and
(b)
ensure that the following words, as the case requires, are shown on the declaration:
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.
In regulation 37(2), delete “, pursuant to regulation 35(2) or regulation 36(3)”
.
Replace regulation 43(2)(c) with:
(c)
declarations in a form that the Electoral Commission has approved for use by—
(i)
a member of the New Zealand Defence Force applying to vote as a special voter:
(ii)
a special voter who is overseas or on a fishing vessel; and
Replace regulation 43(3)(b) with:
(b)
declarations in a form that the Electoral Commission has approved for use by—
(i)
a member of the New Zealand Defence Force applying to vote as a special voter:
(ii)
a special voter who is overseas or on a fishing vessel; and
Replace regulation 44 with:
44 Declarations by Overseas Returning Officers and Overseas Issuing Officers
(1)
Every Overseas Returning Officer and Overseas Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.
(2)
The declaration must—
(a)
be in a form that the Electoral Commission has approved; and
(b)
be witnessed as specified in the form.
In regulation 45(2)(a), replace “shall be in form 20”
with “must be in a form that the Electoral Commission has approved”
.
In regulation 45(2)(b), replace “shall be in form 21”
with “must be in a form that the Electoral Commission has approved”
.
In regulation 50(2), replace “is in form 20 the Returning Officer shall not forward the declaration to the Registrar of Electors but shall, forthwith”
with “is made by a member of the New Zealand Defence Force applying to vote as a special voter the Returning Officer must,”
.
Replace regulation 54(2) with:
(2)
Every Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.
(3)
The declaration must—
(a)
be in a form that the Electoral Commission has approved; and
(b)
be witnessed as specified in the form.
Replace regulation 55(1)(c) with:
(c)
declarations in a form that the Electoral Commission has approved for use by—
(i)
a member of the New Zealand Defence Force applying to vote as a special voter:
(ii)
a special voter who is overseas or on a fishing vessel:
(iii)
a resident or former resident of Campbell Island or Raoul Island; and
Replace regulation 55(2)(b) with:
(b)
declarations in a form that the Electoral Commission has approved for use by—
(i)
a member of the New Zealand Defence Force applying to vote as a special voter:
(ii)
a special voter who is overseas or on a fishing vessel:
(iii)
a resident or former resident of Campbell Island or Raoul Island; and
In regulation 56(3), replace “in form 22”
with “in a form that the Electoral Commission has approved”
.
In regulation 59(2), replace “in form 22”
with “in a form that the Electoral Commission has approved”
.
In regulation 61(1), replace “in form 22”
with “in a form that the Electoral Commission has approved”
.
In regulation 61(2)(b), replace “in form 22”
with “in a form that the Electoral Commission has approved”
.
In Schedule 1, revoke forms 1, 4, 6, 7, 17, 18, 19, 20, 21, and 22.