Victorian Current Acts

ELECTORAL ACT 2002 - SECT 79

    (1)     Before noon on the next day after receiving a how-to-vote card from the applicant or an election manager, the Commission must—

        (a)     register the how-to-vote card; or

        (b)     refuse to register the how-to-vote card—

and inform the applicant of the Commission's decision.

    (2)     In determining whether to register a how-to-vote card, the Commission must have regard to the following matters—

        (a)     that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed;

        (b)     that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to-vote card is not less than the relevant prescribed size;

S. 79(2)(c) amended by No. 2/2003 s. 34(2)(a) (as amended by No. 38/2005 s. 18).

        (c)     in the case of a how-to-vote card to be used for an Assembly election, that the how‑to‑vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate;

S. 79(2)(ca) inserted by No. 2/2003 s. 34(2)(b) (as amended by No. 38/2005 s. 18).

        (ca)     in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card—

              (i)     indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or

              (ii)     indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot‑paper; or

              (iii)     contains a statement to the effect that—

    (A)     the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or

    (B)     the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;

S. 79(2)(d) substituted by No. 30/2018 s. 18.

        (d)     that the how-to-vote card contains on at least one printed side of the how-to-vote card—

              (i)     the name and address of the person who authorised the how-to-vote card; and

              (ii)     the name and place of business of the printer or publisher of the how-to-vote card;

        (e)     that the how-to-vote card contains the prescribed endorsement.

    (3)     The Commission must refuse to register a how‑to‑vote card if the Commission is satisfied that the card—

        (a)     is likely to mislead or deceive an elector in casting the vote of the elector; or

        (b)     is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or

        (c)     contains offensive or obscene material.

S. 80 substituted by No. 38/2005 s. 7.