South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 74

74—Issue of declaration voting papers by post or other means

        (1)         Declaration voting papers must be issued under this section in respect of an election

            (a)         to any elector who is entitled to vote at the election and is registered on the register of declaration voters maintained under this section; or

            (b)         to an elector who applies, by letter, for the issue of declaration voting papers and whose application is received by the officer to whom it is addressed before 5 p.m. on the Thursday last preceding polling day.

        (2)         An officer who receives an application, by letter, for the issue of declaration voting papers before 5 p.m. on the Thursday last preceding polling day must ensure that a written response to the application is dispatched to the applicant before 6 p.m. on that Thursday.

        (2a)         Declaration voting papers under subsection (1) or a response under subsection (2) may be issued or dispatched—

            (a)         by post; or

            (b)         in some other manner prescribed by the regulations.

        (3)         If an elector, on application to the Electoral Commissioner, satisfies the Electoral Commissioner that—

            (a)         the elector's address has been suppressed from publication under Part 4 Division 2; or

            (b)         because of—

                  (i)         physical disability; or

                  (ii)         membership of a religious order or religious beliefs; or

                  (iii)         caring for a person who is seriously ill, infirm or disabled,

the elector is likely to be precluded from attending at polling booths to vote; or

            (c)         the elector's place of residence is not within 20 kilometres, by the shortest practicable route—

                  (i)         of any place likely to be a polling place appointed under this Act; or

                  (ii)         of any place likely to constitute the site of a mobile polling booth established under this Act,

the Electoral Commissioner may register the elector as a declaration voter.

        (3a)         An application under this section for the issue of declaration voting papers to an elector, or for registration of an elector as a declaration voter, may be made by a person other than the elector if the application is accompanied by a certificate from a medical practitioner, in a form approved by the Electoral Commissioner, certifying that the elector is, because of physical disability, unable to sign the elector's own name.

        (4)         The Electoral Commissioner must maintain a register of electors who are declaration voters containing the following information in relation to each elector:

            (a)         the surname; and

            (b)         the Christian or given names; and

            (c)         other than in the case of an elector whose address has been suppressed from publication under Part 4 Division 2—

                  (i)         the address of the principal place of residence; and

                  (ii)         if an elector has provided an address to which declaration voting papers are to be issued that is different from the address of the principal place of residence—the address to which the papers are to be issued.

        (5)         The Electoral Commissioner must from time to time revise the register of declaration voters.

        (6)         A person may inspect the register of declaration voters at the office of the Electoral Commissioner and, on payment of a fee to be determined by the Electoral Commissioner, may be given a copy of, or of any part of, the register.

        (6a)         The Electoral Commissioner must, on request, provide (in a form determined by the Electoral Commissioner)—

            (a)         the registered officer of a registered political party with a copy of the information contained in the register in relation to electors in any district; or

            (b)         a person who is a nominated candidate in an election with a copy of the information contained in the register in relation to electors for—

                  (i)         in the case of a person who is a candidate in an election for a House of Assembly district—that district; or

                  (ii)         in the case of a person who is a candidate in a Legislative Council election—the Legislative Council district.

        (6b)         If a copy of information contained in the register is provided to a person under subsection (6a), a person who uses that copy, or information contained in that copy, for a purpose other than the distribution of matter calculated to affect the result of a State election or purposes related to the holding of such election is guilty of an offence.

Maximum penalty: $10 000.

        (7)         A person who is given an application by an elector for the issue of declaration voting papers under this section on the basis that the person will deliver the application to the appropriate officer must transmit the application to the appropriate officer as soon as possible.

Maximum penalty: $1 250.



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