New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 137

137 Provisional voting

(1) Person already marked off authorised roll If, at a voting centre at any election, any elector--

(a) is recorded (on an authorised roll used at the voting centre) as having received a ballot paper, and

(b) claims not to have received a ballot paper,

the elector is to be permitted to vote after making a declaration in the approved form before an election official at the voting centre.

(2) Person omitted from authorised roll If, at a voting centre for a district at any election, a person, who was at any time in the past enrolled for the district, but whose name is not on the authorised roll (for any reason), claims to be entitled to enrol for the district, the person is to be permitted to vote if the person makes a declaration in the approved form before an election official at the voting centre.

(3) Person enrolling for first time etc If, at a voting centre in a district at any election, a person, who is not enrolled for any district, claims to be entitled to enrol for a district, the person is to be permitted to vote if--

(a) the person--

(i) completes an application for enrolment in the approved form in accordance with the directions on the form and submits it to an election official at the voting centre, and

(ii) provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii) makes a declaration in the approved form before that election official, and

(b) the election official is satisfied that--

(i) the application for enrolment has been properly completed, and

(ii) the person is who the person claims to be, and

(iii) the proof of identity provided shows that the person's residence is the same as the place named in the application for enrolment as the person's residence.

Note : If a person cannot produce a driver licence or Photo Card the person will not be permitted to vote under this subsection.

(4) Person updating enrolment to record change of address If, at a voting centre in a district at any election, a person is enrolled for a district, but claims to be entitled to enrol for another district, the person is to be permitted to vote if--

(a) the person--

(i) completes an application for a change of address in the approved form in accordance with the directions on the form and submits it to an election official at the voting centre, and

(ii) provides to that election official as proof of identity a driver licence or a Photo Card, and

(iii) makes a declaration in the approved form before that election official, and

(b) the election official is satisfied that--

(i) the application for a change of address has been properly completed, and

(ii) the person is who the person claims to be, and

(iii) the proof of identity provided shows that the person's residence is the same as the place named in the application for a change of address as the person's residence.

Note : If a person cannot produce a driver licence or a Photo Card the person will not be permitted to vote under this subsection.

(5) Persons enrolled after issue of writ etc If, at a voting centre in a district at any election, a person, who is enrolled for the district, but whose name does not appear on the authorised roll at the voting centre, is to be permitted to vote if the person makes a declaration in the approved form before an election official.

Note : The Electoral Commissioner may enrol a person at any time, including after the issue of a writ for an election. However, the authorised roll at a voting centre only contains the names of persons who were enrolled as at the date of the issue of the writ (see section 46).