Electoral Act 1907

In this section —

electoral material means any advertisement, handbill, pamphlet, notice, letter or article that is intended or calculated to affect the result of an election.

The following are illegal practices —

bribery;

undue influence;

publishing any of the following publications without publishing at the end of the publication the name and address of the person authorising it —

an electoral advertisement (other than an advertisement in a newspaper announcing the holding of a meeting);

a handbill, or pamphlet, other than a how‑to‑vote card;

publishing a how‑to‑vote card without stating the name and address of the person, political party or group authorising it on each side of the card where the statement referred to in section 89B(1)(b) is printed;

issuing electoral material not referred to in paragraphs (c) and (d) without publishing the name and address of the person authorising the material at the end of it;

the illegal practices referred to in sections 187A and 187B.

Subsections (1)(c) and (e) do not apply in relation to —

T‑shirts, lapel buttons, lapel badges, pens, pencils or balloons; or

business or visiting cards that promote the candidacy of any person in an election; or

letters and cards —

that bear the name and address of the sender; and

that do not contain a representation or purported representation of a ballot paper for use in an election;

or

an article included in a prescribed class of articles.

Nothing in subsection (2)(a), (b) or (c) is to be regarded as limiting, by implication, the kind of regulations that can be made for the purposes of subsection (2)(d).

[Section 187 amended: No. 68 of 1964 s. 36; No. 39 of 1979 s. 26; No. 36 of 2000 s. 79; No. 30 of 2023 s. 159.]

187A. Intentionally rendering person unable to vote etc.

A person who does any act or engages in any course of conduct intending that as a result thereof another person —

will be rendered; or

will be encouraged or assisted to render themselves,

unable to vote or mentally incapable of voting commits an offence and is liable to be punished under section 188(2).

Subject to proof of the other elements of the offence, a person is guilty of an offence under subsection (1) notwithstanding that —

the other person was not rendered or did not render themselves unable or incapable as mentioned therein; or

the other person did vote.

An act or course of conduct which is made an offence under subsection (1) is also an illegal practice for the purposes of this Act.

[Section 187A inserted: No. 52 of 1980 s. 2; amended: No. 30 of 2023 s. 182.]