Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 96C

96C .         Questions to be put to people claiming to vote at polling place

        (1)         This section applies if, at a polling place for a district, a person claims to vote in an election as an elector enrolled for that district.

        (2)         An officer working at the polling place must ask the person the following questions —

            (a)         Have you already voted in this election (or, if there is more than 1 election, these elections)?

            (b)         What is your full name?

            (c)         What is the address of where you live?

        (3)         If the officer considers that the person does not understand a question asked under subsection (2) —

            (a)         the officer may ask the question in a less formal manner; and

            (b)         if the person finds it difficult to answer that question even when it is asked in that manner, the officer may assist the person to answer the question.

        (4)         The officer may also ask the person any other question the officer considers necessary to determine whether and where the person is enrolled.

        (5)         Subject to subsection (6), the person’s answers to the questions are conclusive and the matter must not be further inquired into during the polling.

        (6)         The person’s claim to vote in an election must be rejected if any of the following applies —

            (a)         the person refuses to fully answer a question asked by an officer under this section;

            (b)         despite section 95, the officer is not satisfied, based on the answers to the questions asked under this section, that the person is entitled to vote in the election;

            (c)         the officer is satisfied that the person has previously voted in the election;

            (d)         the person refuses to make a declaration when required under Subdivision 3.

        (7)         However, subsection (6)(a) does not apply if the person is a silent elector to the extent the person refuses to answer a question the answer to which might enable their electoral address to be ascertained.

        [Section 96C inserted: No. 30 of 2023 s. 80.]



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