Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 97I

97I .         Regulations about absent and provisional voting

        (1)         In this section —

        absent voting means voting as an absent voter under section 97A;

        provisional voting means voting as a provisional voter under this Subdivision;

        relevant ballot paper means a ballot paper given under Subdivision 4 if a person is absent voting or provisional voting.

        (2)         The regulations may make provision for and in relation to —

            (a)         absent voting and provisional voting; and

            (b)         anything necessary or convenient to be prescribed for carrying the provisions of this Act relating to absent voting and provisional voting into effect.

        (3)         Without limiting subsection (2), the regulations may provide for and in relation to —

            (a)         the manner of absent voting or provisional voting; and

            (b)         the manner of dealing with relevant ballot papers, including the placing of relevant ballot papers into prescribed envelopes and the placing of those envelopes into ballot boxes in use at the polling place; and

            (c)         the manner of the scrutiny and counting of votes on the relevant ballot papers; and

            (d)         the retention and preservation of documents likely to be required in case of a disputed election, including envelopes, rejected votes and relevant ballot papers, until the validity of the election in respect of which they are used cannot be disputed.

        (4)         Subject to sections 144(2b), 146, 146I(1) and 146J, if under subsection (3)(b) the regulations require prescribed ballot papers to be placed into prescribed envelopes then, unless the regulations provide otherwise, the following things can only be done by the Electoral Commissioner or a directed officer under section 142A(1) or that section as applied by section 146B(1) —

            (a)         the opening of a prescribed envelope and removal of the prescribed ballot paper from it;

            (b)         the scrutiny of the prescribed ballot paper and counting of the votes on it.

        (5)         A returning officer or another officer who is authorised under this Act to open a ballot box must, without opening the envelope containing any relevant ballot paper, transmit it in the manner prescribed to the Electoral Commissioner.

        [Section 97I inserted: No. 30 of 2023 s. 80.]

        [Heading inserted: No. 30 of 2023 s. 80.]