Who may make a declaration vote
114 Who may make a declaration vote
The following electors may make a declaration vote—
an elector who wishes to make a declaration vote before the polling day for an election;
an elector who is a special postal voter under subsection (2);
an elector who is an electoral visitor voter under subsection (3).
Each of the following electors is a special postal voter for the purposes of this Act—
an elector whose name is included in the register of special postal voters because of a written application that satisfies the commission that—
the elector’s address, as shown on an electoral roll immediately before the commencement of this paragraph, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or
the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or
the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act, section 184A(2)(b) to (k);
a silent elector.
Each of the following electors is an electoral visitor voter for the purposes of this Act—
an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth;
an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.
The commissioner must, not less than 18 months but not more than 3 years after the return of the writ for an election, review the continuing eligibility to make a declaration vote of electors who are special postal voters.
To do so, the commissioner must require each elector whose name is included in the register of special postal voters because of a circumstance mentioned in subsection (2)(a)(i) or (ii) to advise, in the approved form, whether the elector still lives at the address shown on the electoral roll.
As part of the review, the commission must do a random check of approved forms given to the commission under subsection (5) to decide whether the signature on each approved form checked is the same as the signature on the approved form’s corresponding application for enrolment.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.