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s 100H

Return of postal ballot paper unopened by elector

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Part IVElections
Division 3AVoting
Subdivision 6Postal voting

100H Return of postal ballot paper unopened by elector

(1)

This section applies if an elector —

(a)

receives a postal ballot paper for an election, whether within or outside of the State; and

(b)

believes on reasonable grounds that the envelope addressed to the Electoral Commissioner cannot be sent to the Electoral Commissioner under section 100G(3) or delivered to the Electoral Commissioner before the close of the poll for the election.

(2)

The elector may deliver the envelope and its contents unopened to the returning officer or presiding officer for a place to vote for the election before the close of the poll.

(3)

The returning officer or a presiding officer for a place to vote who receives an envelope under subsection (2) before the close of the poll must, in accordance with any regulations made for the purposes of this subsection —

(a)

send the envelope to the Electoral Commissioner; and

(b)

make a record of the elector’s name on the roll for the election.

(4)

A record made on the roll under subsection (3)(b) is evidence that the elector has not voted by postal voting in the election.

(5)

The returning officer or a presiding officer for a place to vote who receives an envelope after the close of the poll must not accept it.

[Section 100H inserted: No. 30 of 2023 s. 80.]

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