Western Australian Current Acts Western Australian Current Acts Where a referendum is
held or to be held on the same day as an election —
(a) an
application for permission to vote as an absent voter or provisional voter
under the Electoral Act 1907 Part IV Division 3A Subdivision 3 or to vote by
postal voting under Part IV Division 3A Subdivision 6 of that Act shall be
deemed to include a corresponding application in respect of the referendum and
any reference in the application to the election shall be deemed to include a
reference to the referendum; and
(aa) if
a person is a postal voter for the election under the Electoral Act 1907
section 100D, the Electoral Commissioner must send the postal voter the ballot
paper for the referendum when the Electoral Commissioner sends the documents
required for the election under section 100D of that Act; and
(b) a
declaration that enables an elector to vote under any provision of the
Electoral Act 1907 at the election enables him to vote under that provision at
the referendum and any reference in the declaration to the election shall be
deemed to include a reference to the referendum; and
(c)
subject to paragraph (d) a determination of entitlement to vote at the
election determines the entitlement to vote at the referendum; and
(ca) if
an issuing officer within the meaning of the Electoral Act 1907 visits an
elector to take a vote for the election and the elector makes an application
under section 102B(4) of that Act, the issuing officer must give the elector
the ballot paper for the referendum when the Electoral Commissioner gives the
documents required under section 102C(1) of that Act; and
(d) the
answers to the questions asked under the Electoral Act 1907 section 96C may
be accepted as sufficient to enable the person to vote at the referendum if
the claim to vote at the election is not rejected; and
(da) if
the officer considers it necessary, the officer may, in addition to the
questions asked under the Electoral Act 1907 section 96C, ask the person the
following question —
Have you already voted
here or elsewhere at this referendum? (or these referendums? as the case
requires).
(db) if
the person does not answer the question or admits they have already voted at
the referendum or referendums, must refuse to allow the person to vote; and
(dc) if
the person’s claim to vote at the referendum is not rejected, the
officer must give the elector the ballot paper for the referendum when the
officer gives the ballot paper for the election under the Electoral Act 1907
section 98A(1)(a); and
(e) the
same ballot boxes and polling booths may be used for the purposes of the
referendum but in that case the ballot papers for the referendum shall be of a
different colour to the colour of the ballot papers for the election; and
(f) a
ballot paper used at the referendum shall, if it is required to be placed in
an envelope by a voter, be placed in the same envelope as the ballot paper
used at the election; and
(g) the
copies of the rolls supplied to the returning officer and delivered to
presiding officers for the purposes of the election pursuant to the
Electoral Act 1907 section 76AA must be used for the purposes of the
referendum; and
(h)
appointments made under any provision of the Electoral Act 1907 for the
purposes of the election shall have effect under that provision for the
purposes of the referendum.
Note for this section:
For the purposes of
paragraph (a), a person can apply under the Electoral Act 1907 section 61 to
be a general postal voter who votes by postal voting in every election and
referendum.
[Section 19 amended: No. 79 of 1987 s. 80; No. 36
of 2000 s. 49(2); No. 30 of 2023 s. 195.]