(1) The election can
be conducted as a —
postal election which is an election at which the
method of casting votes is by posting or delivering them to an electoral
officer on or before election day; or
voting in person election which is an election at
which the principal method of casting votes is by voting in person on election
day but at which votes can also be cast in person before election day, or
posted or delivered, in accordance with regulations.
(2) The local
government may decide* to conduct the election as a postal election.
* Absolute majority required.
(3) A decision under
subsection (2) has no effect if it is made after the 80 th day before election
day unless a declaration has already been made in respect of an election for
the local government and the declaration is in respect of an additional
election for the same local government.
(4) A decision under
subsection (2) has no effect unless it is made after a declaration is made
under section 4.20(4) that the Electoral Commissioner is to be responsible for
the conduct of the election or in conjunction with such a declaration.
(5) A decision made
under subsection (2) on or before the 80 th day before election day cannot be
rescinded after that 80 th day.
(6) For the purposes
of this Act, the poll for an election is to be regarded as having been held on
election day even though the election is conducted as a postal election.
(7) Unless a
resolution under subsection (2) has effect, the election is to be conducted as
a voting in person election.
[Section 4.61 amended: No. 64 of 1998 s. 25; No.
49 of 2004 s. 16(4) and 32(5).]