New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SCHEDULE 8

SCHEDULE 8 – Modification of postal voting

Schedule 7, clause 15

[1[#93] Section 144 Issue of ballot papers to registered early voters

Omit section 144(a)-(b). Insert instead--

(a) a postal vote certificate in the approved form, and

(b) a ballot paper for the election, and

(c) an envelope for the return of the certificate and ballot paper to the Electoral Commissioner.

[2[#93] Section 145 Issue of ballot papers to postal vote applicants

Omit section 145(2)(a)-(b). Insert instead--

(a) a postal vote certificate in the approved form, and

(b) a ballot paper for the election, and

(c) an envelope for the return of the certificate and ballot paper to the Electoral Commissioner.

[3[#93] Section 147A

Insert after section 147--

147A Form of certain postal vote certificates and ballot papers A postal vote certificate and ballot paper may be printed on the same sheet of paper with a perforation to enable the postal vote certificate and ballot paper to be divided into separate documents.

[4[#93] Section 148 Directions for postal voting

Omit section 148(1)(c)(iii). Insert instead--

(iii) place the ballot paper and the certificate in the envelope provided by the Electoral Commissioner for return to the Electoral Commissioner, and

[5[#93] Section 149 Preliminary scrutiny of postal ballot papers

Insert before section 149(1)--

(1A) The Electoral Commissioner may--

(a) without opening it, examine an envelope received by the Electoral Commissioner containing a ballot paper to determine whether the postal vote certificate is visible through a rear window in the envelope, and

(b) if the postal vote certificate is not visible through the rear window in the envelope, but the Electoral Commissioner considers it is likely the postal vote certificate is sealed inside the envelope--

(i) open the envelope without destroying it, and

(ii) withdraw the documents inside the envelope and ascertain whether the postal vote certificate was sealed inside the envelope, and

(iii) if the postal vote certificate was sealed inside the envelope with the ballot paper--

(A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope in a way that enables the postal vote certificate to be visible through the rear window in the envelope, and

(B) reseal the envelope, and

(iv) if the postal vote certificate was not sealed inside the envelope with the ballot paper--

(A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope, and

(B) reseal the envelope, and

(C) reject the envelope from further scrutiny.

[6[#93] Section 149(1)(a)

Omit "such unopened envelopes on which a postal vote certificate is printed containing postal votes as".
Insert instead "the sealed envelopes containing postal votes that".

[7[#93] Section 149(1)(b)

Omit "unopened all remaining envelopes on which a postal vote certificate is printed".
Insert instead "all remaining sealed envelopes".

[8[#93] Section 149(4)

Omit "on an envelope containing a ballot paper".
Insert instead "for a ballot paper".

[9[#93] Section 149(4)

Insert "containing the ballot paper" after "the envelope".

[10[#93] Section 149A

Omit the section. Insert instead--

149A Saving of certain postal ballot papers

(1) A ballot paper is not to be rejected for scrutiny merely because the ballot paper and postal vote certificate were sealed inside an envelope other than the envelope provided by the Electoral Commissioner.

(2) If the Electoral Commissioner is unable to read the postal vote certificate without opening the envelope because of the reason referred to in subsection (1), the Electoral Commissioner must--

(a) open the envelope, and

(b) withdraw the postal vote certificate from the envelope, and

(c) accept the envelope for scrutiny if satisfied that--

(i) the postal vote certificate has been properly signed and witnessed, and

(ii) for a postal vote certificate posted to the Electoral Commissioner--the certificate was completed before the close of voting, and

(iii) for a postal vote certificate delivered to an election official--the certificate was delivered before the close of voting, and

(iv) the elector is enrolled for the district for which the elector claimed to be enrolled, and

(d) if not satisfied of one or more of the matters in paragraph (c)--disallow the ballot paper in the envelope.

(3) If an envelope has been accepted for scrutiny under subsection (2), the Electoral Commissioner must--

(a) withdraw the ballot paper from the envelope, and

(b) without inspecting the ballot paper, or allowing another person to inspect the ballot paper, place the ballot paper in a ballot box for further scrutiny.