South Australian Current Acts

ELECTORAL ACT 1985 - SECT 71

71—Manner of voting

        (1)         An elector who is entitled to vote at an election may exercise that vote—

            (a)         by attending at a polling place for the district for which he or she is enrolled and voting in the manner prescribed by this Act; or

            (b)         in the case of an elector entitled to do so by virtue of subsection (2)—by making a declaration vote.

        (2)         An elector—

            (a)         who attends on polling day at a polling booth outside the district for which he or she is enrolled as an elector; or

            (b)         who—

                  (i)         will not, throughout the hours of polling on polling day, be within 8 kilometres by the nearest practicable route of any polling booth; or

                  (ii)         will, throughout the hours of polling on polling day, be travelling under conditions that preclude voting at a polling booth; or

                  (iii)         is, by reason of illness, infirmity or disability, precluded from voting at a polling booth; or

                  (iv)         is, by reason of caring for a person who is ill, infirm or disabled, precluded from voting at a polling booth; or

                  (v)         is, by reason of advanced pregnancy, precluded from voting at a polling booth; or

                  (vi)         is, by reason of membership in a religious order, or religious beliefs, precluded from attending at a polling booth or precluded from voting throughout the hours of polling on polling day or the greater part of those hours; or

                  (vii)         is, for a reason of a prescribed nature, precluded from voting at a polling booth; or

            (ba)         who—

                  (i)         will be working in his or her employment throughout the hours of polling; and

                  (ii)         could not reasonably be expected to be absent from work for the purpose of voting; or

            (c)         who is a resident of a declared institution; or

            (d)         whose name, as a result of an official error, does not appear on the certified list of electors for a district; or

            (e)         who appears from a record erroneously made under this Act to have voted already in the election; or

            (f)         whose address has been suppressed from publication under Part 4 Division 2,

is entitled to make a declaration vote.

        (3)         In addition, a person whose name has been removed from the electoral roll by virtue of an objection under Part 5 Division 4 is entitled to make a declaration vote at an election if—

            (a)         the ground for the objection was that the person failed to notify an electoral registrar of a change of address in accordance with the requirements of this Act; and

            (b)         the previous address and the new address are both in the same House of Assembly district.

        (4)         A person who satisfies the requirements of subsection (3) will be taken to be an elector for the purposes of the other provisions of this Act (with respect to the election or elections held on the day in relation to which the entitlement under that subsection arises).