New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 148

148 Directions for postal voting

(1) The following directions for voting by post are to be substantially observed--

(a) the elector is to sign and date the postal vote certificate in the presence of a witness,

(b) the witness is also to sign and date the certificate in the place provided,

(c) the elector must then (in the presence of the witness, but in a manner so that the witness cannot see the vote)--

(i) record his or her vote on the ballot paper, and

(ii) fold the ballot paper so that the vote cannot be seen, and

(iii) place the ballot paper in the envelope on which the postal vote certificate is printed, and

(iv) seal the envelope,

(d) the elector must then--

(i) post the envelope to the Electoral Commissioner, or

(ii) deliver the envelope to an election official before 6 pm on election day.

(2) An election official who receives an envelope in accordance with subsection (1) (d) (ii) is, as soon as is reasonably practicable, to forward the envelope to the Electoral Commissioner.

(3) A witness to a postal vote must--

(a) comply with subsection (1) in so far as it is to be complied with on his or her part, and

(b) see that the directions in subsection (1) are complied with by the elector, and by every person present when the elector votes, and

(c) refrain from disclosing any knowledge of the vote of the elector.

(4) The witness must not influence or attempt to influence, in any way, the vote of an elector voting by post before him or her.

(5) The witness must not persuade or induce the elector to hand to him or her for posting or delivery the envelope containing the postal ballot paper, but is not prohibited from posting or delivering any such envelope at the request of the elector.

Maximum penalty (subsections (3)-(5)): 20 penalty units.