Victorian Numbered Acts

ELECTORAL AND PARLIAMENTARY COMMITTEES LEGISLATION (AMENDMENT) ACT 2006 (NO 44 OF 2006) - SECT 3

After Part 6 of the Electoral Act 2002 insert —

'PART 6A—ELECTRONIC VOTING

        110A.     Application of Part 6 to electronic voting

Part 6 applies to and in respect of electronic voting subject to the provisions of this Part.

        110B.     No entitlement to electronic voting

This Part does not create an entitlement to vote by electronic voting.

        110C.     Where is electronic voting available?

Electronic voting is available at a voting centre which is designated by the Commission as an electronic voting centre.

        110D.     Who can access electronic voting?

Electronic voting can be accessed at an electronic voting centre by an elector who because of a visual impairment cannot otherwise vote without assistance.

        110E.     Approval of computer program for electronic voting

    (1)     The Commission may approve a computer program to enable electronic voting if the Commission is satisfied that the criteria specified in sub-section (2) apply.

    (2)     The criteria are—

        (a)     the proper use of the computer program will give the same result in the recording of votes in an election as would be obtained if no computer program was used in the recording of votes;

        (b)     the computer program will enable an elector to show consecutive preferences beginning with the figure "1" or, in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a);

        (c)     the computer program allows an elector to correct a mistake before the vote is processed by the computer program;

        (d)     the computer program allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;

        (e)     the computer program allows an elector to abandon for any reason the electronic ballot-paper without completing the vote;

        (f)     the computer program can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;

        (g)     the computer program will prevent any person from ascertaining the vote of a particular elector.

    (3)     The Commission may approve a process for entering preferences into the approved computer program.

        110F.     Security arrangements

The Commission must ensure that arrangements are in place to ensure that—

        (a)     computer programs and electronic devices used or intended to be used for or in connection with electronic voting are kept secure from interference; and

        (b)     the integrity of voting is maintained while electronic voting is being used.

        110G.     Ballot-papers

    (1)     For the purposes of this Part, a ballot-paper prepared under section 74 may be in an electronic form.

    (2)     The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the display of the electronic form.

    (3)     The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form.

        110H.     Voting

    (1)     In addition to the questions required to be asked by section 90, an election official may ask a person claiming to vote by electronic voting whether the person has a visual impairment that would require the person to seek assistance to vote if they could not vote by electronic voting.

    (2)     For the purposes of section 92, if section 110D applies to a person entitled to vote, the person may be given an electronic ballot-paper.

    (3)     A person given an electronic ballot-paper must comply with sections 93 and 93A in marking their vote on the electronic ballot-paper.
s. 3

    (4)     For the purposes of section 93(6), an elector using electronic voting is to be taken to have deposited their vote in the ballot-box when they submit their electronic ballot-paper using the approved computer program.

    (5)     For the purposes of section 98, a person to whom section 110D applies is entitled to apply to vote at an early voting centre.

    (6)     The validity of a vote cast in accordance with this section cannot be disputed on the ground that the elector could have voted without assistance.

        110I.     Offence in relation to electronic voting

    (1)     A person must not, without reasonable excuse, destroy or interfere with any computer program, data file or electronic device which is used, or intended to be used, for or in connection with electronic voting.

    (2)     A person who contravenes sub-section (1) is guilty of an indictable offence.

Penalty:     Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).'.