Electoral Act 1907

This section applies if an elector who receives a postal ballot paper cannot vote without assistance because the elector has a sight impairment or other physical impairment or has insufficient literacy skills.

The elector may nominate a person (the nominated person) to assist the elector.

The nominated person cannot be a candidate at the election or an election campaign worker.

The nominated person must, in accordance with the elector’s directions, mark the elector’s vote on the postal ballot paper and perform the functions in section 100G(1)(b), (d) and (e) and 100H instead of the elector.

If the nominated person performs a function under subsection (4), the nominated person must —

state on the declaration provided with the postal ballot paper under section 100G(1)(c) their full name and address; and

state on the declaration that the person is the nominated person to assist the elector; and

sign and date the declaration.

Subsection (4) or (5) does not prevent the elector from personally performing a function in section 100G(1)(b) to (e) or 100H if the elector wishes and is able to do so.

If an elector has not appointed a nominated person and has completed the declaration accompanying the elector’s postal ballot paper but is unable to mark the elector’s vote on the postal ballot paper or perform another function under section 100G(1)(b), (d) or (e) or 100H, the elector may ask another person to assist the elector in carrying out the function according to the directions of the elector.