Rules for the conduct of a preliminary scrutiny of declaration votes
Schedule 3 Rules for the conduct of a preliminary scrutiny of declaration votes
Subsection 266(3)
1. The DRO shall produce unopened all envelopes containing declaration votes of the kind to which the preliminary scrutiny relates received by the DRO:
in the case of the first preliminary scrutiny—before the commencement of that scrutiny; and
in the case of a subsequent preliminary scrutiny—after the commencement of the last preceding preliminary scrutiny and before the commencement of the subsequent preliminary scrutiny.
3. If the DRO has reason to doubt that the signature on the postal vote certificate that purports to be the elector’s signature is the elector’s signature, the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO.
3A. For each envelope in relation to which the following paragraphs are satisfied:
the envelope purports to contain a provisional vote ballot paper;
the DRO has reason to doubt that the signature on the envelope that purports to be the elector’s signature is the elector’s signature;
the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.
4. The DRO shall divide the envelopes being dealt with into groups, as follows:
in one group, the envelopes that meet the requirements of paragraph 6;
in another group, the envelopes that do not meet those requirements.
5. The DRO shall, without opening the envelopes, subject to the operation of paragraphs 23 and 24, exclude from further scrutiny the ballot papers contained in envelopes that do not meet the requirements of paragraph 6.
6. An envelope meets the requirements of this paragraph if the DRO is satisfied:
in the case of an envelope purporting to contain a postal ballot paper, other than an envelope sent under section 186 to a registered general postal voter who was registered on the ground specified in paragraph 184A(2)(e) or (f), that the signature on the certificate is that of the elector and that:
the signature purports to be witnessed by an authorised witness; or
the signature is taken to be witnessed by an authorised witness because of subsection 194(1A); and
in the case of an envelope purporting to contain a pre‑poll vote ballot paper, that the certificate has been signed in accordance with section 200E and that the signature purports to be witnessed by the officer who issued the certificate; and
in the case of an envelope purporting to contain an absent vote ballot paper or a provisional vote ballot paper, that the certificate has been signed in accordance with section 222 or 235 or subsection 234(4), as the case requires, and that the signature purports to be witnessed in accordance with that section or subsection, as the case may be; and
in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph 3A applies—that the signature on the envelope is that of the elector; and
in the case of an envelope purporting to contain a postal ballot paper, a pre‑poll vote ballot paper, an absent vote ballot paper or a provisional vote ballot paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007; and
in the case of an envelope purporting to contain a postal ballot paper, that the vote marked on the ballot paper was recorded prior to the close of the poll.
6AA. Despite subparagraphs 6(b) and (c), the DRO may treat an envelope as having met the requirements of paragraph 6 if the DRO is satisfied that:
the envelope purports to contain either:
a pre‑poll vote ballot paper for an elector who, but for paragraph 200DG(1)(c), would have been entitled to vote by pre‑poll ordinary vote; or
an absent vote ballot paper for an elector; and
the ballot paper was issued to the elector by a voting officer using an approved list of voters for a Division in accordance with Parts XVA and XVI; and
the elector is neither a designated elector nor a person whose address has been excluded or deleted from a Roll under section 104; and
it is appropriate to do so.
6A. If the DRO is satisfied that more than one envelope that meets the requirements of paragraph 6 purports to contain a declaration vote by the same elector, the DRO must:
treat only one of the envelopes, as selected by the DRO, as meeting the requirements of paragraph 6; and
exclude from further scrutiny the ballot papers contained in the other envelope or envelopes, without opening the envelope or envelopes; and
seal up in a parcel the envelope or envelopes excluded from further scrutiny by subparagraph (b); and
write on the parcel a description of its contents, the name of the Division and the date of the commencement of the preliminary scrutiny.
In applying subparagraph (a), the DRO should, to the extent that it is possible, select the envelope that was received first.
6B. Paragraphs 23 and 24 do not apply to envelopes excluded from further scrutiny because of subparagraph 6A(b).
7. A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if the date referred to in paragraph 194(1)(c) in relation to the postal vote certificate is a date after polling day.
7A. A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if:
subsection 194(1A) applies in relation to the vote; and
the date referred to in paragraph 194(1A)(a) is a date after polling day.
7B. Paragraphs 7 and 7A do not apply to a vote marked on a postal ballot paper if:
the envelope purporting to contain the postal ballot paper is endorsed with the date and time of receipt under paragraph 195A(2)(c); and
the date and time is before the close of the poll.
8. An envelope purporting to contain an absent vote ballot paper or a provisional vote ballot paper or a pre‑poll vote ballot paper shall not be regarded as failing to meet the requirements of paragraph 6 only because the declaration or certificate, as the case requires, is not witnessed if the voter’s name appears on a record made under subsection 232(2) or section 200G, as the case requires, or, if neither of those requirements is met, if the DRO is satisfied that the ballot paper was properly issued.
9. The DRO shall seal up in a parcel the envelopes that do not meet the requirements of paragraph 6 and shall write on the parcel a description of its contents, the name of the Division and the date of commencement of the preliminary scrutiny.
10. If the preliminary scrutiny relates to a Senate election held concurrently with a House of Representatives election or a Senate election held alone, the DRO must divide the envelopes that meet the requirements of paragraph 6 into groups as follows:
in one group:
the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102(5) of the Act applies; and
the envelopes that, under paragraph 6AA, have been treated as having met the requirements of paragraph 6; and
the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the Division;
in another group:
the envelopes bearing certificates or declarations by persons who are not enrolled for the Division but are enrolled for the State or Territory in which the Division is situated; and
the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were not living at an address in the Division but were living at an address in the State or Territory in which the Division is situated;
in another group, all the other envelopes.
11. If the preliminary scrutiny relates to a House of Representatives election not held concurrently with a Senate election, the DRO must divide the envelopes that meet the requirements of paragraph 6 into groups as follows:
in one group:
the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102(5) of the Act applies; and
the envelopes that, under paragraph 6AA, have been treated as having met the requirements of paragraph 6; and
the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the Division;
in another group, all the other envelopes.
12. This paragraph applies to an envelope if the DRO is satisfied:
that the elector who signed a certificate or declaration on the envelope is not enrolled for the Division; and
after making enquiry:
that the elector was, at the time of voting, entitled to be enrolled for the Division; and
that the omission of the elector’s name from the Roll for the Division was due to an error made by an officer or to a mistake of fact.
13. Subparagraph 12(b) does not apply if:
more than one election (excluding the election to which the scrutiny relates) has been held since the error or mistake was made; or
where there has been a redistribution of the State or Territory that includes the Division since the last election but one before the election to which the scrutiny relates, the error or mistake was made before the last such redistribution.
14. In paragraph 13, election means:
a general election for the House of Representatives;
a Senate election not held concurrently with a general election for the House of Representatives; or
a referendum not held concurrently with a general election.
15. The DRO shall, without opening the envelopes, subject to the operation of paragraphs 23 and 25, exclude from further scrutiny the ballot papers contained in envelopes referred to in subparagraphs 10(c) and 11(b).
16. The DRO shall seal up in a parcel the envelopes referred to in subparagraphs 10(c) and 11(b) and shall write on the parcel a description of the contents, the name of the Division and the date.
17. The DRO shall, without inspecting them or allowing any other person to do so, withdraw the ballot papers from the envelopes referred to in paragraph 10 or 11 that still remain in the preliminary scrutiny.
17A. The DRO:
may withdraw the ballot papers in accordance with paragraph 17:
for ballot papers of electors other than designated electors—at any time on or after the day that is 5 days before polling day; or
for ballot papers of designated electors—after the close of the poll; and
if the DRO has not withdrawn the ballot papers in accordance with paragraph 17 by the close of the poll—must do so after the close of the poll.
18. Ballot papers withdrawn from envelopes referred to in subparagraph 10(a) or 11(a) shall be placed in a ballot‑box by themselves for further scrutiny.
19. A ballot paper for a Senate election withdrawn from an envelope referred to in subparagraph 10(b) shall be placed in the ballot‑box referred to in paragraph 18 for further scrutiny. A ballot paper for a House of Representatives election withdrawn from such an envelope shall be excluded from further scrutiny.
20. The DRO shall seal up in a parcel ballot papers excluded under paragraph 19 and shall write on the parcel a description of its contents, the name of the Division and the date.
22. For the purposes of paragraph 17, an envelope that contains a ballot paper for a referendum shall be dealt with as if it did not contain that ballot paper.
23. In the course of a preliminary scrutiny of declaration votes, the DRO must, at a time determined to be appropriate by the DRO (which may be before the close of the poll for the Division):
open the parcel of envelopes that contains the ballot papers that are, under paragraph 5 and subject to the operation of this paragraph and paragraph 24, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph 24; and
open the parcel of envelopes that contains the ballot papers that are, under paragraph 15 and subject to the operation of this paragraph and paragraph 25, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph 25.
24. For the purpose of dealing further with declaration votes referred to in subparagraph 23(a), paragraphs 3 to 22, inclusive, reapply in relation to those votes as if:
the words “subject to the operation of paragraphs 23 and 24,” were omitted from paragraph 5; and
the words “subject to the operation of paragraphs 23 and 25,” were omitted from paragraph 15.
25. For the purpose of dealing further with declaration votes referred to in subparagraph 23(b), paragraphs 10 to 22, inclusive, reapply in relation to those votes as if the words “subject to the operation of paragraphs 23 and 25,” were omitted from paragraph 15.
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