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s 92E

Effect of failure to take poll if presiding officer is absent

In force
Part IVElections
Division 3Procedural provisions about voting
Subdivision 3Appointments and functions of persons in relation to holding an election

92E Effect of failure to take poll if presiding officer is absent

(1)

If a poll is not taken at a place to vote on polling day because neither the presiding officer appointed for the place to vote, nor a substitute presiding officer appointed under section 92D(1), is present on polling day —

(a)

the election is not void by reason only of the poll not being taken; and

(b)

the returning officer may appoint another day not later than 21 days after polling day for taking the poll at the place to vote.

(2)

If another day for the taking of the poll is appointed under subsection (1)(b), the Electoral Commissioner must ensure a written notice is published on the Commission website, or that other public notice is given, of the day appointed.

(3)

If the poll is taken on the day appointed under subsection (1)(b), the poll is taken to have been taken on the original polling day.

[Section 92E inserted: No. 30 of 2023 s. 80.]

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Section 92E — Effect of failure to take poll if presiding officer is absent — Electoral Act 1907 (Western Australia) — Barrister AI