Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 61

61 .         General postal voters

        (1)         An elector may apply to the Electoral Commissioner to be registered as an elector who votes by postal voting in every election and referendum (a general postal voter ) if the elector —

            (a)         has an electoral address that will not be within 20 km, by the nearest practicable route, of a polling place; or

            (b)         is seriously ill or infirm or has a permanent mental impairment or physical impairment; or

            (c)         has attained 70 years of age; or

            (d)         will be unable to attend a polling place because the elector is caring for a person mentioned in paragraph (b); or

            (e)         will be unable to attend a polling place because the elector is a member of a religious order or because of the elector’s religious beliefs; or

            (f)         is a silent elector; or

            (g)         is entitled to vote under section 17A(2).

        Note for this subsection:

                See sections 62 and 100P for offences in relation to an application made under this subsection.

        (2)         The application must be in writing and —

            (a)         state the applicant’s name and electoral address; and

            (b)         contain a statement by the applicant —

                  (i)         to the effect that the applicant is an elector; and

                  (ii)         that the applicant is eligible to be a general postal voter, and the basis for the eligibility;

                and

            (c)         subject to subsection (3), be signed by the applicant; and

            (d)         if the applicant expects to be absent from the applicant’s electoral address when the postal ballot paper will be sent by the issuing officer — state an address to which the postal ballot paper must be sent.

        (3)         If an elector who wishes to make an application under subsection (2) satisfies a witness that the elector is unable to sign the application because the elector has a sight impairment or other physical impairment or has insufficient literacy skills, the elector may, before the witness, make a distinguishing mark on the application.

        (4)         The Electoral Commissioner may grant an application if —

            (a)         the application is validly made; and

            (b)         the Electoral Commissioner is satisfied the elector is entitled to be registered as a general postal voter.

        Note for this subsection:

                A person whose application is granted under this provision must be sent a postal ballot paper and other documents for an election under section 100D, for a referendum under section 100D as applied by the Referendums Act 1983 section 18(c), or for an election and referendum held on the same day under the Referendums Act 1983 section 19(aa).

        (5)         Upon making a decision under subsection (4), the Electoral Commissioner must —

            (a)         give the elector a written notice of the decision; and

            (b)         if the decision is to reject the application — state the reasons for the decision.

        (6)         The Electoral Commissioner may, by written notice given to an elector, revoke the elector’s registration as a general postal voter at any time other than during the period —

            (a)         beginning on the issue of the writ for an election in which the elector is entitled to vote or a referendum; and

            (b)         ending on the return of the writ for the election or referendum.

        [Section 61 inserted: No. 30 of 2023 s. 49.]