Electoral Regulations 2002

Version No. 003

Electoral Regulations 2002

S.R. No. 73/2002

Version incorporating amendments as at 31 October 2006

table of provisions

RegulationPage

Part 1—Preliminary

1.Objective

2.Authorising provisions

3.Commencement

4.Definition

5.Forms

Part 2—Enrolment Procedures and Information

6.Claim for enrolment or provisional enrolment

7.Enrolment by physically incapacitated persons

8.Processing of claims for enrolment and notices of change of address

9.Request for address not to be shown on roll

10.Application to be a general postal voter

11.Processing of application to be a general postal voter

12.Review and cancellation of designation as a general postal voter

13.Objection to a person's enrolment

14.Notice of objection

Part 3—Election Procedures

15.Nomination form

16.How-to-vote card declaration

17.How-to-vote card declaration—English translation

18.Endorsement of how-to-vote card

18A.Minimum size of logo, emblem or insignia

Part 4—Voting

19.Declaration as to identity

20.Application to vote by post

21.Postal vote declaration

22.Receipt and forwarding of postal vote envelopes

23.Forwarding of early votes

24.Forwarding of early votes from Antarctica

25.Declaration under section 108

26.Statement of person's rights under section 108

27.Determination of enrolment entitlement

28.Declaration of absent voter

29.Forwarding of absent vote envelopes

30.Declaration of elector under section 110

Part 5—Election Results

31.Preliminary scrutiny of declaration votes—general

32.Preliminary scrutiny of postal vote declarations

33.Preliminary scrutiny of declarations under section108

34.Preliminary scrutiny of absent declarations under section109

35.Preliminary scrutiny of declarations under section110

36.Extraction of ballot-papers from accepted declaration envelopes

37.Ballot material to be secured and stored

Part 6—Enforcement and Offences

38.Notice to elector who has apparently failed to vote

39.Reply to notice by elector

Part 7—General

40.Official mark on ballot-papers

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SCHEDULE

Form A—Electoral Enrolment Form

Form B—Request by Elector for Address Not to be Shown on
Electoral Roll

Form C—Application to be a General Postal Voter

Form D—Application to be a General Postal Voter by a Person Who
is Unable to Sign an Application because of Physical
Incapacity

Form E—Objection to Enrolment of a Person

Form F—Notice of Objection

Form G—Nomination of a Candidate for the Legislative Assembly/Council

Form H—How-To-Vote Card Declaration

Form I—Multiple Electorate How-To-Vote Card Declaration Form

Form J—Declaration as to Identity

Form K—Application for a Postal Vote

Form L—Declaration of Postal Voter

Form M—Vote under Section 108

Form N—Statement to Persons Claiming a Vote under Section108

Form O—Absent and Section 110 Vote

Form P—Apparent Failure to Vote

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 003

Electoral Regulations 2002

S.R. No. 73/2002

Version incorporating amendments as at 31 October 2006

Electoral Regulations 2002

S.R. No. 73/2002

Part 1—Preliminary

1.Objective

The objective of these Regulations is to facilitate the enrolment of electors and the conduct of parliamentary elections.

2.Authorising provisions

These Regulations are made under section 184 of the Electoral Act 2002.

3.Commencement

These Regulations come into operation on 8September 2002.

4.Definition

In these Regulations—

"Act" means the Electoral Act 2002.

5.Forms

(1)A reference to a Form is a reference to the appropriate Form in the Schedule.

(2)A Form in the Schedule is not invalid because in addition to matter relating to enrolment on the register of electors, it contains matter relating to the enrolment of an elector for Commonwealth purposes.

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Part 2—Enrolment Procedures and Information

6.Claim for enrolment or provisional enrolment

r. 6

A claim for enrolment or for provisional enrolment must be in accordance with Form A.

7.Enrolment by physically incapacitated persons

(1)If a person wishes to make a claim for enrolment or for provisional enrolment, and a registered medical practitioner has certified in writing that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, complete and sign the claim in accordance with the directions of the first-mentioned person.

(2)If an elector wishes to notify the Commission of a change in the elector's principal place of residence, and a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector cannot sign the notice, another person may, on behalf of the elector, complete and sign the notice in accordance with the directions of the elector.

(3)A certificate referred to in sub-regulation (1) or (2) must be lodged with the claim or notice to which it refers.

8.Processing of claims for enrolment and notices of change of address

If the Commission receives a claim for enrolment or a notice of a change of an elector's address, the Commission must—

(a)note the date of receipt; and

(b)if the Commission is satisfied that the person is entitled to be enrolled or that the notice is correct—

(i)enter on the register of electors the name of the person and particulars relating to the person; and

(ii)notify the person in writing of the particulars of the person's enrolment.

9.Request for address not to be shown on roll

r. 9

A request for the address of an elector not to be shown on any electoral roll must be in accordance with Form B.

10.Application to be a general postal voter

(1)The application form to be used by an elector applying to be a general postal voter under section24(1) of the Act must be in accordance with FormC.

(2)The application form to be used by an elector applying to be a general postal voter referred to in section 24(2) of the Act must be in accordance with Form D.

11.Processing of application to be a general postal voter

(1)An application to be a general postal voter must be lodged with the Commission in a manner approved by the Commission.

(2)If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must—

(a)record on the register of electors that the applicant is a general postal voter; and

(b)advise the applicant in writing of the decision to accept the application.

12.Review and cancellation of designation as a general postal voter

r. 12

(1)The Commission may from time to time review the eligibility of general postal voters to be general postal voters.

(2)If the Commission is satisfied that a general postal voter has ceased to be eligible to be a general postal voter, the Commission must cancel the elector's designation as a general postal voter on the register of electors.

(3)If the Commission cancels an elector's designation as a general postal voter, the Commission must advise the elector in writing of the cancellation.

13.Objection to a person's enrolment

An objection to the enrolment of a person must be in accordance with Form E.

14.Notice of objection

Notice to an elector of an objection to an elector's enrolment must be in accordance with Form F.

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Part 3—Election Procedures

15.Nomination form

r. 15

The nomination of a candidate must be made in accordance with Form G.

Reg. 16 amendedby S.R.No. 89/2006 reg.5.

16.How-to-vote card declaration

A person submitting a how-to-vote card to an election manager or the Commission for registration by the Commission must make a declaration in accordance with Form H or Form I, as the case requires.

17.How-to-vote card declaration—English translation

If a how-to-vote card submitted for registration contains a section in a language other than English, the person submitting the card for registration must submit with the card—

(a)an accurate translation into English of the section in a language other than English; and

(b)a declaration that the translation is fair in accordance with Form H or Form I, as the case requires.

18.Endorsement of how-to-vote card

Reg. 18(1) revokedby S.R.No. 89/2006 reg.6(1).

*****

Reg. 18(2) amendedby S.R.No. 89/2006 reg.6(2).

(2)A how-to-vote card submitted for registration bythe Commission must be endorsed at the end of the card—

"Registered by the Victorian Electoral Commission".

Reg. 18A insertedby S.R.No. 89/2006 reg.7.

18A.Minimum size of logo, emblem or insignia

r. 18A

For the purposes of sections 79(2)(b) and 80(4)(b) of the Act, the prescribed size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf a how-to-vote card is to be distributed appearing on the how-to-vote card is four square centimetres in size.

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Part 4—Voting

19.Declaration as to identity

r. 19

A declaration as to identity under section 91 of the Act must be in accordance with Form J.

20.Application to vote by post

The application form to be used by an elector applying to vote by post under section 101 of the Act must be in accordance with Form K.

21.Postal vote declaration

A postal vote declaration under section 104 of the Act must be printed on an envelope in accordance with Form L.

22.Receipt and forwarding of postal vote envelopes

(1)When the Commission receives a postal vote envelope, it must record the fact and date of receipt.

(2)When an election manager or an election official at a voting centre receives a postal vote envelope, the election manager or election official must—

(a)endorse the envelope with the place and date of receipt;

(b)sign the envelope;

(c)place the envelope in a sealed ballot box.

(3)The Commission and each election manager must forward each postal vote envelope unopened to the appropriate election manager.

23.Forwarding of early votes

After 6 p.m. on election day, each election manager and election official in charge of an early voting centre must forward each early vote to the appropriate election manager.

24.Forwarding of early votes from Antarctica

r. 24

(1)Before 6 p.m. on election day, each Antarctic elector who has voted must transmit their completed ballot-paper to the Commission.

(2)Upon receipt of a ballot-paper from Antarctica, the Commission must—

Reg. 24(2)(a) amendedby S.R.No. 89/2006 reg.8.

(a)initial a ballot-paper for the voter's district or region;

(b)transcribe the voter's preferences onto the ballot-paper;

(c)forward the ballot-paper to the relevant election manager.

25.Declaration under section 108

A declaration of a person whose name is not or cannot be found on an electoral roll but who claims to be entitled to vote under section 108 of the Act must be printed on an envelope in accordance with Form M.

26.Statement of person's rights under section 108

The written statement setting out the person's rights under section 108 of the Act must be in accordance with Form N.

27.Determination of enrolment entitlement

(1)After 6 p.m. on election day, each election manager must forward the envelopes completed under section 108 of the Act unopened to the Commission.

(2)The Commission must examine each envelope and determine whether the person claiming to vote was entitled to be enrolled as at the close of roll for the address claimed by the elector.

(3)The Commission must forward the envelopes, together with a report as to each person's enrolment entitlement, to the relevant election manager.

28.Declaration of absent voter

r. 28

The declaration of an absent voter under section109 of the Act must be printed on an envelope in accordance with Form O.

Reg. 29 amendedby S.R.No. 89/2006 reg.9.

29.Forwarding of absent vote envelopes

After 6 p.m. on election day, each election manager must forward each absent vote envelope unopened to the election manager for the absent voter's district or region.

30.Declaration of elector under section 110

The declaration of an elector under section 110 of the Act must be printed on an envelope in accordance with Form O.

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Part 5—Election Results

31.Preliminary scrutiny of declaration votes—general

r. 31

The election manager must, no earlier than 8 a.m. on election day—

(a)with the assistance of as many election officials as are necessary;

(b)in the presence of any scrutineers who choose to be present;

(c)in the presence of any person authorised by the Commission to be present—

conduct the preliminary scrutiny of declaration votes in accordance with these Regulations.

32.Preliminary scrutiny of postal vote declarations

(1)The election manager must—

(a)compare the signature of the elector on each postal vote declaration with the signature of the same elector on the postal vote application;

(b)allow scrutineers to inspect the signatures.

(2)If the election manager is satisfied that—

(a)the signature on the declaration is that of the elector who signed the postal vote application; and

(b)the declaration has been witnessed by an authorised witness; and

(c)the elector is enrolled for the address marked on the application or is entitled to be so enrolled—

the ballot-paper must be accepted for further scrutiny.

(3)If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope.

33.Preliminary scrutiny of declarations under section108

r. 33

(1)If the election manager is satisfied that—

(a)a person who has voted under section 108 of the Act is at the close of the roll for the election enrolled for the address claimed or omitted from the roll in error; and

(b)the declaration has been properly completed—

the ballot-paper must be accepted for further scrutiny.

(2)If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope.

34.Preliminary scrutiny of absent declarations under section109

(1)If the election manager is satisfied that—

(a)an absent voter under section 109 is at the close of the roll for the election enrolled for the address claimed or omitted from the roll in error; and

(b)the declaration has been properly completed—

the ballot-paper must be accepted for further scrutiny, and the absent voter must be recorded on the electoral roll as having voted.

(2)If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope.

35.Preliminary scrutiny of declarations under section110

r. 35

(1)If the election manager is satisfied that—

(a)the name of an elector who voted under section 110 of the Act was marked on the electoral roll in error; and

(b)the declaration has been properly completed—

the ballot-paper must be accepted for further scrutiny.

(2)If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope.

36.Extraction of ballot-papers from accepted declaration envelopes

The election manager must—

(a)extract the ballot-papers from the accepted declaration envelopes, while ensuring that no person can discover how an elector has voted;

(b)keep the ballot-papers secure for further scrutiny.

37.Ballot material to be secured and stored

The election manager must after the close of voting—

(a)enclose in one or more boxes—

(i)all used ballot-papers;

(ii)all unused ballot-papers;

(iii)all ballot-papers marked as spoiled or discarded;

(iv)all postal vote applications;

(v)all used declaration envelopes (both those accepted and those rejected);

(vi)all copies of the electoral roll and other papers used in connection with the election;

(b)secure the boxes;

(c)write on each box—

(i)a description of the contents;

Reg. 37(c)(ii) amendedby S.R.No. 89/2006 reg.10.

(ii)the name of the district or region;

(iii)the date of the election; and

(iv)sign his or her name;

r. 37

(d)deliver the parcels to the Commission to be kept safely until the completion of any proceedings in the Court of Disputed Returns.

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Part 6—Enforcement and Offences

Reg. 38 (Heading) amendedby S.R.No. 89/2006 reg.11(1).

38.Notice to elector who has apparentlyfailed to vote

r. 38

Reg. 38 amendedby S.R.No. 89/2006 reg.11(2).

The notice which the Commission is required under the Act to send by post to each elector who appears to havefailed to record the elector's vote must be in accordance with Form P.

39.Reply to notice by elector

The form of reply of any elector to the notice must be in accordance with Form P.

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Part 7—General

40.Official mark on ballot-papers

r. 40

For the purpose of section 112 of the Act, the prescribed official mark to be borne by ballot-papers is either—

(a)a water mark in the paper as approved by the Commission; or

Reg. 40(b) amendedby S.R.No. 89/2006 reg.12(a).

(b)an overprinting of the paper in a particular manner approved by the Commission, and the use of words, a design, or logo, approved by the Commission; or

Reg. 40(c) insertedby S.R.No. 89/2006 reg.12(b).

(c)a unique print identification number.

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SCHEDULE

Form A

Regulation 6

Electoral Enrolment Form

Details of applicant:
Title:
Surname:
Given names:
Residential address:
Postal address:
Male/Female:
Date of birth:
I am an Australian citizen: YES/NO
Former surname:
Former given names:
Former residential address:
Signature or mark:
Date:
Details of witness:
Signature:
Surname:
Given names:
Address:
Date:

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Form B

Regulation 9

Request by Elector for Address Not to be Shown on Electoral Roll

Details of person making request:
Title:
Surname:
Given names:
Residential address:
Postal address:
Male/Female:
Date of birth:
Indicate which of the following applies:

I request that the residential address for which I am claiming enrolment not be entered on any electoral roll. An electoral enrolment form claiming enrolment for this address is attached.
I request that the residential address for which I am currently enrolled be removed from any electoral roll.

Having my residential address shown on any electoral roll places the personal safety of myself or members of my family at risk as declared on the statutory declaration accompanying this form.
Signature of elector:
Date:

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Sch. Form C amended by S.R. No. 89/2006 reg.13.

Form C

Regulation 10(1)

Application to be a General Postal Voter

Details of applicant:
Title:
Surname:
Given names:
Residential address:
Postal address:
Male/Female:
Date of birth:
I apply to be a general postal voter because (indicate which of the following applies):

I am an elector whose principal place of residence is not within 20kilometres by the nearest route of an election day voting centre.
I am an elector who because of serious illness or infirmity is unable to travel to an election day voting centre.
I am an elector who is serving a sentence of imprisonment or is otherwise in lawful custody or detention.
I am an elector who because of caring for a seriously ill or infirm person other than in a hospital, is unable to travel to an election day voting centre.
I am an elector whose name has been excluded from any electoral roll under section 31 of the Act (silent elector).
I am an elector who, because of my religious beliefs or membership of a religious order, is precluded from attending an election day voting centre or is precluded from doing so for a greater part of the hours of voting.
I am an elector who has attained 70 years of age.

Signature or mark of elector:
Date:

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Form D

Regulation 10(2)

Application to be a General Postal Voter by a Person Who is Unable to Sign an Application because of Physical Incapacity

Details of elector on whose behalf the application is being made:
Title:
Surname:
Given names:
Residential address:
Postal address:
Male/Female:
Date of birth:
Indicate which of the following applies:

A registered medical practitioner has certified, in writing, that the elector is so physically incapacitated that he or she cannot sign his or her name. The certificate of the medical practitioner is attached.
The elector is already enrolled as a physically incapacitated elector and a registered medical practitioner's certificate that the elector was so physically incapacitated that he or she could not sign his or her name accompanied the electoral enrolment form.

Declaration by person signing application:
I declare that in making this application, I am acting at the request and on behalf of the elector.
Signature:
Details of person signing application:
Surname:
Given names:
Residential address:
Date:

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