Local Government (Electoral) Regulations 2020

For the purposes of section 266(4) of the Act, it is not compulsory for a person to vote if the prosecution officer is satisfied that the person had a sufficient excuse for not voting.

Without limiting the generality of subregulation (1), any of the following is a sufficient excuse for not voting—

the voter was ill, disabled or infirm and for that reason was unable to vote at the election or could have voted only with difficulty;

if the voter was absent from Victoria—

for 15 days immediately before the last day of voting; or

if the last day of voting is altered under regulation 60, from the last day postal votes are issued under regulation 49(1) until the last day of voting;

the voter—

returned a declaration envelope within 7 days immediately after the last day for the receipt of declaration envelopes in respect of the election under regulation 57(3)(d); or

returned a declaration envelope that was disallowed under regulation 52(3); or

made a request to have the postal ballot envelope redirected under regulation 54 but did not receive a postal ballot envelope; or

was entitled to receive replacement voting material under regulation 56 but did not receive the replacement voting material;

the voter was a homeless person and for that reason was unable to vote at the election or could have voted only with difficulty;

the voter was—

serving a sentence of imprisonment; or

otherwise in lawful custody or detention.