Electoral Act 1907

If an elector is given the documents under section 102C(1), the elector must —

mark the elector’s vote on the ballot paper given under that section in a manner so that no other person can see the elector’s vote in accordance with —

if the ballot paper is for a single member election — section 98C; or

if the ballot paper is for a Council election where the relevant number is more than one — section 98D or 98E;

enclose the ballot paper in the envelope marked “postal ballot paper”; and

sign and date the declaration provided with the ballot paper; and

enclose the envelope marked “postal ballot paper” and the declaration in the envelope addressed to the Electoral Commissioner; and

return the envelope to the issuing officer.

If an elector who receives a ballot paper under section 102C 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 ballot paper and perform the functions in subsection (1)(b), (d) and (e) 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 ballot paper under section 102C(1)(b) 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 subsection (1) if the elector wishes and is able to do so.