Electoral Act 1907

This section applies if —

the Electoral Commissioner considers that a person may have a mental impairment so that the person does not have the capacity to vote in an election; and

a declaration is not in force in relation to the person under the Guardianship and Administration Act 1990 section 111.

The Electoral Commissioner may give the person a written notice stating —

that the Electoral Commissioner considers the person may have a mental impairment so that the person does not have the capacity to vote in an election; and

that the Electoral Commissioner may remove the name of the person from the register of electors or a roll under this section because the person lacks capacity to vote; and

that within the period of 14 days beginning on the day the person is given the notice, the person may make submissions about whether the person objects to the removal of the person’s name from the register of electors or the roll.

If the Electoral Commissioner is satisfied, after having regard to any submissions received under subsection (2)(c), that the person has a mental impairment so that the person does not have the capacity to vote in an election, the Electoral Commissioner may decide to give the person a notice (a lack of capacity notice).

The lack of capacity notice has effect for the period stated in the notice or, if no period is stated, continues until it is revoked under section 206B(3).

The lack of capacity notice must state —

that the Electoral Commissioner is satisfied that the person lacks capacity to vote; and

the Electoral Commissioner’s reasons for being satisfied about that lack of capacity; and

the effect of the notice under sections 18(1)(a) and 51A; and

that the notice may be revoked under section 206B if the person does not lack, or no longer lacks, capacity to vote; and

the notice has effect for the period stated in the notice or, if no period is stated, until the notice is revoked.

If, after having regard to any submissions received under subsection (2)(c), the Electoral Commissioner decides not to give the person a lack of capacity notice, the Electoral Commissioner must give the person a written notice advising the person of that decision.