PARLIAMENTARY
ELECTORATES AND ELECTIONS
(AMENDMENT) ACT.
Act No. 19, 1921.
An
Act to amend the Parliamentary Electorates
a n d E l e c t i o n s A c t , 1912, a n d c e r t a i n o t h e r
A c t s ; a n d for p u r p o s e s c o n n e c t e d t h e r e w i t h .
[ A s s e n t e d t o , 2 8 t h D e c e m b e r , 1921.]
B
E it enacted by the King's Most Excellent Majesty,
by and with the advice and consent of the Legis­
lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . This Act may be cited as the " P a r l i a m e n t a r y
Electorates and Elections (Amendment) Act, 1921,"
and shall be construed with the Parliamentary Elec­
torates and Elections Act, 1912, and any Acts amending
the same. The Parliamentary Electorates and Elections
Act, 1912, as so amended, is hereinafter called the
Principal Act.
2 . The Principal Act is amended in the following
respects:—
(1) By omitting section one and substituting
therefor the following new section :—
1. This Act may be cited as the " Parlia­
mentary Electorates and Elections Act, 1912,"
and is divided into the following Parts :—
P A R T I . — S H O R T T I T L E AND I N T E R P R E T A ­
TION—ss.
1-3.
PART
PART II.—NUMBER
OF M E M B E R S
ELECTORAL DISTRICTS—ss. 3 A - 1 9 .
AND
P A R T I I I . — Q U A L I F I C A T I O N OE ELECTORS
—ss.
20-21A.
PART
I V . — O E E I C E R S AND ROLLS AND
OBLIGATION TO E N R O L — s s . 2 2 - 6 7 .
P A R T V.—ELECTIONS—ss.
68-154..
P A R T V I . — ELECTION
155-174.
PETITIONS —
ss.
PART VII.—MISCELLANEOUS—SS. 1 7 6 - 1 8 6 .
P A R T V I I I . — A M E N D M E N T S OF CONSTITU­
TION ACT, 1 9 0 2 — S S . 1 8 7 - 1 8 8 ;
( 2 ) by omitting subsection two of section 3 A ,
and substituting therefor the following new
subsection :—
(2) The method of voting and of counting
the votes at any general election shall be as
stated in the regulations in the Thirteenth
Schedule to this Act.
( 3 ) by omitting the proviso to section thirteen ;
(4) by omitting sections thirty-six to forty-five,
both inclusive;
(5) by omitting section forty-six and substituting
therefor the following new section :—
-J 6. (1) There shall be rolls for each pollingplace area in a district. The polling-place area
rolls for a district shall together form the roll
for a district.
( 2 ) When the revision of the list for a
district is completed the revised list shall be
the roll for the district. The rolls for all dis­
tricts shall be printed on or before the first
day of October in the year in which the lists
have been prepared under section twenty-three.
A roll for any particular district shall be
printed whenever the Minister so directs.
(3)
( 3 ) Supplemental rolls setting out addi­
tions and alterations since the last print shall
also he prepared and, whenever practicable,
printed immediately previous to any election,
and at such other times as the Minister directs.
(1) A supplemental roll shall be deemed
to be part of the roll for the district to which
it relates.
(5) The date to which any roll or
supplemental roll is made up shall appear in
such roll or supplemental roll.
(G) The rolls shall be in the form of
Schedule Three, and shall describe the surname,
christian name, place of residence, occupation
and sex of each elector, and shall contain such
other particulars as may he prescribed.
(7) The surname of electors on every
roll shall be arranged in alphabetical order.
(S) The last printed copies of the rolls
and of the supplemental rolls for each district
shall be open for public inspection at the office
o!' the registrar and at, the offices of each
deputy-registrar for the district, and at such
other places as the Chic!' Electoral Officer
directs, without fee, and shall be obtainable at
the office of such registrar and deputy-registrars
and of the Government Printer, and at such
other places as the Chief Electoral Officer may
direct, at the prices prescribed.
Every roll kept by a registrar or deputyregistrar shall be open for public inspection at
their respective offices at such times as may be
prescribed, without fee.
('.)) No roll shall be invalidated by
reason only that it is no! prepared, issued,
kept, or published in the place or manner
required by this Act, nor by reason of any
error in the copying or printing of I he same;
(6)
(6) by omitting paragraph (c) of section fortyseven ;
( 7 ) by omitting section fifty;
(8) by omitting, in subsection one of section fiftytwo, the words " under this Act " and substi­
tuting therefor the words " o r to be changed
to another polling-place area " ;
(9) by inserting after section fifty-two
the
following new short heading and sections:—
Enrolment
to be
compulsory.
52A. (1) Every person who is not enrolled
for the district for which he is entitled to be
enrolled shall fill in a claim for enrolment or
application to transfer, as the case requires, and
forward the same to the registrar or deputyregistrar of the district in which he resides.
(2) Any person who fails to comply
with the requirements of this section within
twenty-eight days after he has become entitled
to apply for enrolment or transfer, shall be
liable to a penalty not exceeding two pounds.
52B. (1) The Inspector-General of Police,
when directed to do so by the Minister, shall
prepare lists of the names of persons who are
not enrolled for the district for which they are
entitled to be enrolled.
(2) The officer compiling any such list
shall make a declaration in the form prescribed.
( 3 ) The lists shall be forwarded by the
Inspector-General of Police to the registrar of
the district for which the person named on the
list is entitled to be enrolled.
(A) I t shall be the duty of the registrar
in each district to whom any such list is
forwarded to take the necessary steps to secure
observance of the provisions of this Act with
regard to compuisory enrolment ;
(10)
(10) by omitting, in paragraph (b) of section fiftyfive, the words " o r altered" and substituting
therefor the words " altered or abolished " ;
(11) by adding at the end of section fifty-six the
words following:—"for the purpose of this
section a writ shall be deemed to issue at six
o'clock in the afternoon of the day upon which
the writ was issued " ;
(12) by omitting in subsection one and subsection
two of section fifty-nine the word " Minister"
and substituting therefor the words " Principal
Electoral Registrar " ;
(13) by omitting section sixty and substituting
therefor the following new section :—
60. (1) The Inspector-General of Police,
when directed to do so by the Minister, shall
cause a scrutiny to be made of the roll for each
district.
(2) The officer making the scrutiny shall
mark on the roll the names of all persons who
have died or ceased to reside in the district,
and such other particulars as may be prescribed,
and shall make a declaration in the form
prescribed.
(3) The roll so marked shall be forwarded
by the Inspector-General of Police to the
registrar of the district, who shall cause action
to be taken for any alteration of the rolls
thereby rendered necessary;
(14) by omitting section sixty-four and substituting
therefor the following new section :—
64. (1) The registrar shall forthwith give
notice of the objection to the person objected
to. The notice shall be in the prescribed form,
and may be served by posting it to the lastknown place of abode of the person objected
to, or, if that is not known, then to the place
of abode appearing on the roll. The regula­
tions may provide for the publication and
advertisement of lists of persons objected to
and of objectors.
(2)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(2) An objection on the ground that a
person does not reside in a district for which
he is enrolled shall not be entertained, unless it
alleges that the person objected to does not
reside in any part of the district and has not so
resided for at least one month last p a s t ;
by inserting, in subsection one of section sixtysix, after the words "posting of the n o t i c e "
the words " or if lists of persons objected to
are published or advertised pursuant to the
regulations after the expiration of a period
fixed by the regulations " ;
by inserting after section sixty-six the following
new section :—
66A. "Where a person is entitled to have
his name changed to another polling-place area
in the district for which he is enrolled, his
name shall not be removed from the roll
unless such change has been completed ;
by omitting section 67A ;
by omitting, in section seventy-three, the
words " on the twenty-eighth day " and sub­
stituting therefor the words " o n a day not
later than the fortieth d a y " ;
by omitting in subsection one of section
seventy-four the words " the polling-places " ;
by adding at the end of section seventy-seven
the words " the returning officer may in like
manner appoint one or more persons to count or
assist in counting the absent or postal votes " ;
by omitting in section seventy-eight the word
" position " where it lastly occurs therein, and
substituting therefor the word " election " ;
by omitting in subsection two of section
seventy-nine the words " o n e h u n d r e d " and
substituting therefor the word " six " ;
(a) by inserting in section eighty-four, after
paragraph (e), the following new para­
graph :—
(f) abolish any polling-place area.
(b)
(b) by omitting in the proviso to section
eighty-four the words " o r altered" and
substituting therefor the words "altered
or abolished " ;
(24) by omitting in section eighty-seven the words
" a d e p u t y " and substituting therefor the
words " one or more deputies " ;
(25.) by omitting in section ninety-five the words
"seven o'clock" and substituting therefor the
words " eight o'clock " ;
(26) by inserting, in subsection one of section ninetyseven, after the words " absent from such area "
the words " a n d makes and signs before the
presiding officer a declaration in the form of
Schedule Nine " ;
(27) by inserting after section one hundred and
one the following new section :—
101A. Where a claimant or applicant has
been notified in the Form prescribed under
section fifty-one that his name has been added
to the roll, such claimant or applicant, upon
production of the notification and upon making
a declaration in the form of Schedule Twelve,
shall be entitled to vote at any election for the
district mentioned in the notification notwith­
standing that his name is not on the roll for
such district. But no person shall be entitled
at any election to vote more than once or for
more than one district;
(28) by inserting, in section one hundred and eight,
after the words " or is unable to write " the
words " or desires that the returning officer or
deputy shall record his vote for h i m " ;
(29) by omitting, in paragraph (g) of section 114H,
the words " paragraph (c) " and substituting
therefor the words " paragraph (f) " ;
(80) by omitting, in paragraph (d) of section 114K,
the words " paragraph (c) " and substituting
therefor the words "paragraph (f) " ;
(31)
(31) by inserting, in section 114L, after the words
" t h e returning officer" the words " o r the
officer assisting him " ;
(32) by inserting, in section one hundred and seven­
teen, after the words " h e is enrolled" the
words " or the officer assisting him " ;
(33) by inserting, in subsection one of section one
hundred and eighteen, after the words " the
returning officer" the words " or the officer
assisting him " ;
(34) by omitting, in section one hundred and
twenty-three, the words " the close of the poll "
and substituting therefor the words " ascertain­
ing the total number of primary votes recorded
for each candidate " ;
(35) by inserting, in section one hundred and twentyfour, after the words " the returning officer" the
words " a list of the total number of primary
votes recorded for each candidate and also " ;
(36) by inserting, in section one hundred and
twenty-five, after the words " deputy returning
officers " the words " the list of primary votes " ;
(37) by inserting after subsection three of section
one hundred and twenty-six the following
new subsection :—
(4) The writ for the electoral district which
includes Lord Howe Island may be returned,
notwithstanding that the result of the poll has
not been received from Lord Howe Island, if
the result of the election for the district cannot
be affected thereby. I t shall be permissible
for the returning officer to accept information
as to the votes polled at Lord Howe Island
which is transmitted to him by cable or wire­
less, and which he is satisfied is authentic, in
lieu of the list referred to in section one
hundi-ed and twenty-four;
(38) by omitting, in section one hundred and fiftyone, the words " n e x t preceding section" and
substituting therefor the words " last preceding
section " ; "
(39)
(39) by inserting the following new Schedules :—
SCHEDULE
NINE.
Form of declaration to be signed by a voter before voting at
any polling-place for the district, but outside the 'pollingplace area, for ivhicli lie is enrolled.
Electoral District of
Polling-place.
I declare t h a t I am t h e person whoso n a m e a p p e a r s on
the; polling-place a r e a roll for t h e Electoral D i s t r i c t of [here
insert name of district], as set o u t opposite m y s i g n a t u r e ,
and that I have not voted either here or a t a n y o t h e r
polling-place a t this election : a n d 1 promise t h a t if T am
p e r m i t t e d to vote here, I will n o t vote a t this election at
a n y o t h e r polling-place.
Declared before me, t h e
d a y of
, 19
.
P r e s i d i n g Officer.
NOTE.— II any person wilfully makes a false declaration he is
liable to imprisonment for six months.
SCHEDULE
Beclaralion
TWELVE.
where person, notified under s. 51 that his
has been added to roll, ajrplies to vote.
name
Electoral District of
Polling-place.
1 declare that 1 am t h e person referred to in t h e notification
now produced by me as set forth below, a n d t h a t 1 am still
qualified lo vote for t h e same district, t h a t I have not
voted here or a t a n y o t h e r polling-place a t this election,
a n d I promise t h a t if I am p e r m i t t e d t o vote here 1 will
not vote a t this election a t a n y other polling-place.
( S i g n a t u r e of d e c l a r a n t . )
Declared before me, t h e
d a y of
, 192
.
Presiding Officer.
Surname,
Christian
Name
P l a c e of
Residence.
Occupation.
Folling-place
area.
NOTE.—It' any person w i l f u l l y makes a false declaration he is
liable to imprisonment*for six months.
SCHEDULE
SCHEDULE
THIRTEEN.
REGULATIONS.
GENERAL
ELECTIONS.
Preliminary.
1. I n these R e g u l a t i o n s ,
appears,—
" R e t u r n i n g Officer"
district.
unless the contrary
intention
m e a n s R e t u r n i n g Officer for
the
" Q u o t a " m e a n s t h e n u m b e r of votes sufficient to elect
a candidate.
" S u r p l u s " m e a n s t h e n u m b e r of votes which a c a n d i d a t e ,
h a s obtained, a t a n y stage of t h e scrutiny,- over a n d
above t h e quota.
:
" C o n t i n u i n g c a n d i d a t e ' m e a n s a c a n d i d a t e n o t already
declared elected or excluded from t h e poll.
Forms.
2. A ballot-paper, o t h e r t h a n a n absent voters' or postal
ballot-paper, shall be in t h e form of S c h e d u l e A to these
Regulations.
I n p r i n t i n g such ballot-papers—
( a ) t h e n a m e s of all c a n d i d a t e s duly n o m i n a t e d shall be
p r i n t e d in alphabetical order according to t h e i r sur­
n a m e s ; such s u r n a m e s shall bo p r i n t e d in more con­
spicuous t y p e t h a n t h a t used for t h e c h r i s t i a n n a m e s ;
(b) if t h e r e a r e two or more c a n d i d a t e s of t h e s a m e sur­
n a m e , t h e i r n a m e s shall bo p r i n t e d a c c o r d i n g to t h e
a l p h a b e t i c a l order of t h e i r c h r i s t i a n n a m e s , or if
t h e i r c h r i s t i a n n a m e s a r e t h e same, t h e n a c c o r d i n g
to t h e alphabetical order of t h e i r residences, a r r a n g e d
a n d s t a t e d on t h e b a l l o t - p a p e r ;
(c) where s i m i l a r i t y in t h e n a m e s of two or more candi­
dates is likely to cause confusion, t h e Chief Elec­
t o r a l Officer or t h e R e t u r n i n g Officer for t h e d i s t r i c t
m a y a r r a n g e t h e n a m e s , with such description or
a d d i t i o n as will d i s t i n g u i s h t h e m from one another.
3. A n absent voter's ballot-paper shall be in t h e form of
Schedule A or Schedule B .
4 A n application for a postal vote certificate a n d form of
postal ballot-paper shall be in t h e form of S c h e d u l e C.
A postal vote certificate shall be in t h e form of Schedule D .
A postal ballot-paper shall be in t h e form of Schedule E .
Method
Method
of
Voting.
5. ( a ) A t a general election t h e votes on a ballot-paper
in t h e form of Schedule A i n an electoral d i s t r i c t represen­
ted by five m e m b e r s shall he recorded by t h e elector by
p l a c i n g t h e figure 1 w i t h i n or substantially w i t h i n t h e s q u a r e
opposite t h e n a m e of t h e c a n d i d a t e for w h o m he votes as his
first preference, a n d by g i v i n g c o n t i n g e n t votes for a t least
four of t h e r e m a i n i n g c a n d i d a t e s by p l a c i n g t h e figures 2, 3,
4, a n d 5 w i t h i n or substantially w i t h i n t h e squares opposite
t h e n a m e s of such c a n d i d a t e s respectively so as to i n d i c a t e
by s u c h n u m e r i c a l sequence t h e order of his preference.
H e may, if he so desires, give
a n y of t h e r e m a i n i n g candidates
S a n d so on w i t h i n t h e squares
respective c a n d i d a t e s to i n d i c a t e
order of h i s preference.
c o n t i n g e n t votes for all or
by p l a c i n g t h e figures C, 7,
opposite t h e n a m e s of t h e
in n u m e r i c a l sequence t h e
(b) A t a general election t h e votes on a ballot-paper in
t h e form of Schedule A in an electoral d i s t r i c t represented
by t h r e e members, shall he recorded by t h e elector by placing
t h e figure 1 w i t h i n , or s u b s t a n t i a l l y w i t h i n , t h e s q u a r e op­
posite t h e n a m e of t h e c a n d i d a t e for whom he votes as h i s
first preference a n d by g i v i n g c o n t i n g e n t votes for a t least
two of the rem lining candidates by placing t h e figures 2 a n d
3) w i t h i n , or substantially within, the squares opposite t h e
n a m e s of such c a n d i d a t e s respectively so as t o indicate by
such n u m e r i c a l sequence t h e order of his preference.
H e may, if he so desires, give c o n t i n g e n t votes for all or
any of t h e r e m a i n i n g c a n d i d a t e s by p l a c i n g t h e figures 4, 5,
6, a n d so on w i t h i n t h e squares opposite t h e n a m e s of t h e re­
spective c a n d i d a t e s to i n d i c a t e in n u m e r i c a l sequence t h e
order of h i s preference.
6. ( a ) At a general election t h e votes on a ballot-paper in a
form other t h a n that: prescribed in Schedule A shall be re­
corded by t h e elector by w r i t i n g opposite to the. s q u a r e c o n t a i n ­
i n g t h e figure 1 the, n a m e id' t h e c a n d i d a t e for whom he votes
as his first preference, and in a n electoral d i s t r i c t represen­
t e d by five members, by g i v i n g c o n t i n g e n t votes for a t least
four of t h e r e m a i n i n g c a n d i d a t e s by w r i t i n g their n a m e s re­
spectively opposite the squares c o n t a i n i n g t h e figures 2,3, 4
a n d 5.
H e may, if be so desires, give c o n t i n g e n t votes for all or
a n y of t h e r e m a i n i n g candidates by w r i t i n g opposite t h e
squares c o n t a i n i n g t h e figures 6, 7, 8, a n d so on, t h e n a m e s of
t h e respective c a n d i d a t e s to i n d i c a t e in n u m e r i c a l sequence
t h e order of his preference.
(b) A t a general election t h e votes on a ballot-paper in
a form other t h a n t h a t prescribed in Schedule A shall be re­
corded by t h e elector by w r i t i n g opposite t h e s q u a r e c o n t a i n ­
ing t h e figure 1 t h e n a m e of the c a n d i d a t e for whom ho votes
as
as his first preference, and in an electoral d i s t r i c t r e p r e s e n t e d
by t h r e e members, by g i v i n g c o n t i n g e n t votes for a t least two
of t h e r e m a i n i n g c a n d i d a t e s by w r i t i n g t h e i r n a m e s respec­
tively opposite t h e squares c o n t a i n i n g t h e figures 2 a n d 3, o n
s u c h p a p e r so as to i n d i c a t e by such n u m e r i c a l sequence t h e
order of his preference.
H e m a y , if he so desires, give c o n t i n g e n t votes for all o r
a n y of t h e r e m a i n i n g c a n d i d a t e s by w r i t i n g opposite t h e
s q u a r e s c o n t a i n i n g t h e figures 4, 5, a n d 6, a n d so on, t h e
n a m e s of the respective c a n d i d a t e s to i n d i c a t e in n u m e r i c a l
sequence t h e o r d e r of his preference.
7. Unless a voter m a r k s his ballot-paper as prescribed by
t h e two last p r e c e d i n g R e g u l a t i o n s respectively his vote shall
be i n f o r m a l . P r o v i d e d t h a t if in t h e opinion of t h e R e t u r n ­
i n g Officer t h e voter's i n t e n t i o n s is clearly i n d i c a t e d on t h e
ballot-paper, such ballot-paper shall be t r e a t e d as formal.
Counting
of First
Preferences.
8. I m m e d i a t e l y u p o n t h e close of t h e poll t h e person p r e ­
s i d i n g at a polling-place shall, in t h e presence a n d subject
to t h e inspection of such of t h e s c r u t i n e e r s as choose to be
present, a n d t h e poll clerks (if a n y ) , b u t of no other persons,
open t h e ballot-box a n d —
( a ) c o u n t t h e n u m b e r of first preferences recorded for t h e
respective c a n d i d a t e s , and place t h e m in s e p a r a t e
parcels according to t h e n a m e s of t h e c a n d i d a t e s for
whom such first preferences are recorded, rejecting all
informal ballot-papers;
(b) c o u n t t h e n u m b e r of and place in a n o t h e r parcel all
t h e ballot-papers which have been rejected as i n f o r m a l ;
and
(c) seal such parcels a n d t r a n s m i t them to t h e R e t u r n i n g
Officer for t h e d i s t r i c t .
0. T h e R e t u r n i n g Officer shall count t h e n u m b e r of first
preferences recorded for each c a n d i d a t e , r e j e c t i n g all in­
formal ballot-papers, and shall proceed with t h e s c r u t i n y . B u t
if he is satisfied, after inquiry, t h a t any absent voters' ballotpapers h a v e been lost, destroyed, or mislaid, and t h a t those
ballot-papers, if counted, could not alter the result of t h e
poll, ho may proceed with the s c r u t i n y and declare the result
of t h e poll without c o u n t i n g such ballot-papers.
10. T h e a g g r e g a t e n u m b e r of first preferences shall be
divided by one more t h a n t h e n u m b e r of c a n d i d a t e s to be
elected, a n d the quotient ( d i s r e g a r d i n g any r e m a i n d e r ) , in­
creased by one, shall be (be q u o t a , a n d (except as h e r e i n ­
after provided in R e g u l a t i o n s 17 and 18) no c a n d i d a t e shall
be elected u n t i l he obtains a n u m b e r of votes equal to or
greater than the quota.
11.
11. (1) A n y c a n d i d a t e who h a s , u p o n t h e first preferences
being counted, a n u m b e r of first preferences equal to or
g r e a t e r t h a n t h e q u o t a shall t h e r e u p o n be declared elected.
( 2 ) 11 the n u m b e r of first preference's obtained by any
c a n d i d a t e is equal to t h e quota, the whole of t h e votingpapers on which a first preference is recorded for such
elected c a n d i d a t e shall be set aside as finally dealt w i t h .
Surplus
on First
Count.
12. If t h e n u m b e r of first preferences o b t a i n e d by any
c a n d i d a t e is in excess of t h e quota, t h e n , subject to p a r a ­
g r a p h s (vii) a n d (viii) of t h i s R e g u l a t i o n , t h e s u r p l u s shall
be t r a n s f e r r e d to t h e c o n t i n u i n g c a n d i d a t e s n e x t in t h e
order of t h e voters' respective preferences, in t h e following
manner:—
( i ) All t h e ballot-papers on which a first preference is re­
corded for the elected c a n d i d a t e shall he re-examined,
and the n u m b e r of second preferences, or ( i n t h e
case provided for in R e g u l a t i o n 2 0 ) t h i r d or n e x t
consecutive preferences, recorded thereon for each con­
t i n u i n g c a n d i d a t e shall be counted.
( i i ) T h e surplus shall be divided by t h e total n u m b e r of
first preferences recorded for such elected c a n d i d a t e ,
a n d (lie first t h r e e figures of t h e r e s u l t i n g decimal
fraction ( a f t e r w a r d s called t h e t r a n s f e r value) shall
be found.
(iii) T h e n u m b e r of second or other preferences, ascer­
t a i n e d in p a r a g r a p h 1, to he recorded for each con­
t i n u i n g candidate, shall be m u l t i p l i e d by t h e t r a n s f e r
value.
(iv) T h e r e s u l t i n g n u m b e r , d i s r e g a r d i n g a n y fractional
r e m a i n d e r , shall be t h e n u m b e r of votes to be credited
to each c o n t i n u i n g c a n d i d a t e , a n d added to t h e n u m b e r
of votes obtained by him on t h e c o u n t i n g of t h e first
preferences.
(v) F r o m the papers on which a second or o t h e r pre­
ference is recorded for any c o n t i n u i n g c a n d i d a t e , t h e r e
shall he selected a t r a n d o m a n u m b e r equal to t h e
n u m b e r of votes directed by t h e last preceding para­
g r a p h to be credited to h i m , and these shall be placed
in a separate parcel and t r a n s f e r r e d to him.
(vi) All papers of the elected c a n d i d a t e not t r a n s f e r r e d
u n d e r t h e foregoing provisions shall be set fside as
finally dealt with.
(vii) A t r a n s f e r of votes u n d e r this R e g u l a t i o n shall not
be m a d e unless the surplus of t h e elected c a n d i d a t e ,
t o g e t h e r with any other surpluses n o t t r a n s f e r r e d , ex­
ceeds t h e difference between t h e n u m b e r of votes of
t h e two c o n t i n u i n g candidates lowest on t h e poll.
(viii)
( v i i i ) T h e foregoing provisions of t h i s R e g u l a t i o n shall take
effect subject to t h e provisions of R e g u l a t i o n 18, and
if a t a n y t i m e t h e r e is one r e m a i n i n g v a c a n c y which
c a n be filled u n d e r t h a t R e g u l a t i o n no f u r t h e r t r a n s f e r
u n d e r this R e g u l a t i o n shall be m a d e .
Surplus
on
Transfer.
13. ( a ) If by a t r a n s f e r u n d e r these R e g u l a t i o n s , w h e t h e r
of a s u r p l u s on t h e c o u n t of first preferences or of a s u r p l u s
u n d e r t h i s R e g u l a t i o n , t h e n u m b e r of votes o b t a i n e d by a
c a n d i d a t e is raised to or above t h e quota, he shall t h e r e u p o n
be declared elected. A n d in s u c h case, n o t w i t h s t a n d i n g t h e
fact t h a t he may have reached t h e quota, s u c h t r a n s f e r shall
be completed, a n d all t h e votes to which he is e n t i t l e d t h e r e ­
from shall be t r a n s f e r r e d to h i m .
( b ) If by a t r a n s f e r t h e n u m b e r of votes obtained by
a c a n d i d a t e is raised to, b u t n o t above t h e quota, t h e whole
of t h e v o t i n g papers on w h i c h such votes a r e recorded shall
be set aside as finally d e a l t with.
( c ) If by a t r a n s f e r t h e n u m b e r of votes o b t a i n e d by
a c a n d i d a t e is raised above t h e q u o t a , t h e n , subject to p a r a ­
g r a p h s ( i i i ) a n d ( i v ) of t h i s R e g u l a t i o n , his s u r p l u s shall
be t r a n s f e r r e d to t h e c o n t i n u i n g c a n d i d a t e s n e x t i n t h e o r d e r
of t h e voters' respective preferences in t h e following
manner:—
( i ) T h e ballot-papers t r a n s f e r r e d to t h e elected c a n d i d a t e
in t h e last t r a n s f e r shall be re-examined, a n d t h e n u m ­
ber of n e x t consecutive preferences recorded for each
continuing candidate thereon counted.
( i i ) T h e t r a n s f e r v a l u e shall be found, t h e s u r p l u s t r a n s ­
ferred a n d t h e p a p e r s dealt w i t h in s i m i l a r m a n n e r as
is d i r e c t e d i n R e g u l a t i o n 12 for t h e t r a n s f e r of a s u r ­
p l u s a r i s i n g at t h e first c o u n t .
( i i i ) A t r a n s f e r of votes u n d e r t h i s R e g u l a t i o n shall n o t
be m a d e u n l e s s t h e s u r p l u s of t h e elected c a n d i d a t e ,
t o g e t h e r w i t h a n y other surpluses not t r a n s f e r r e d ,
exceeds t h e difference in n u m b e r s between t h e votes
of t h e two c o n t i n u i n g c a n d i d a t e s lowest on t h e poll.
( i v ) T h e foregoing provisions of t h i s R e g u l a t i o n shall t a k e
eifect subject to t h e provisions of R e g u l a t i o n 18, a n d if
a t a n y t i m e t h e r e is one r e m a i n i n g v a c a n c y w h i c h c a n
be filled u n d e r t h a t R e g u l a t i o n no f u r t h e r t r a n s f e r
u n d e r t h i s R e g u l a t i o n shall be m a d e .
14. ( a ) W h e r e , on t h e c o u n t i n g of t h e first preferences,
or o n a n y t r a n s f e r , m o r e t h a n one c a n d i d a t e h a s a s u r p l u s ,
t h e n , unless t h e r e is a n u n t r a n s f e r r e d s u r p l u s o b t a i n e d a t a
previous
previous c o u n t or t r a n s f e r , t h e largest of s u c h first-mentioned
surpluses shall he t r a n s f e r r e d , t h e n t h e n e x t l a r g e s t a n d so
on.
B u t if t h e r e is a n
t a i n e d at a previous
s u r p l u s or surpluses
caused by s u b s e q u e n t
u n t r a n s f e r r e d s u r p l u s or surpluses ob­
c o u n t or t r a n s f e r , such l a s t - m e n t i o n e d
shall be first t r a n s f e r r e d before those
t r a n s f e r s a r c dealt with.
(b) W h e r e two or m o r e surpluses a r e equal a t t h e first
c o u n t t h e R e t u r n i n g Officer shall decide w h i c h s u r p l u s shall
be first dealt with. I n a n y o t h e r case t h e s u r p l u s of t h e can­
d i d a t e who was t h e h i g h e s t on t h e poll at t h e c o u n t or t r a n s ­
fer a t which they last h a d a n u n e q u a l n u m b e r of votes shall
bo first dealt with*; a n d if t h e y have h a d a n e q u a l n u m b e r of
votes a t all p r e c e d i n g counts or t r a n s f e r s , t h e R e t u r n i n g
Officer shall decide which c a n d i d a t e ' s s u r p l u s shall be first
dealt with.
Exclusion
of Loivcst
Candidates.
15. If, after t h e first preferences have been counted, a n d
t r a n s f e r s of surpluses have been m a d e as aforesaid, no candi­
date, or less t h a n t h e n u m b e r of c a n d i d a t e s r e q u i r e d to be
elected, has or have obtained t h e quota, t h e n , subject to
R e g u l a t i o n 18, t h e c a n d i d a t e lowest on the poll shall be
excluded, a n d all t h e votes obtained by h i m shall be t r a n s ­
ferred in one t r a n s f e r to t h e c o n t i n u i n g c a n d i d a t e s who, on
t h e p a p e r s on which such votes a r e recorded, a r e next in t h e
order of t h e voters' respective preferences.
lli. ( a ) W h e r e the n u m b e r of votes obtained l>,v a candi­
d a t e is raised to or above the quota by a n y s u c h t r a n s f e r as
aforesaid, he shall t h e r e u p o n be declared e l e c t e d ; a n d i n such
case, n o t w i t h s t a n d i n g t h e fact t h a t he m a y have reached t h e
quota, such t r a n s f e r shall be completed, ami all the votes to
which he is e n t i t l e d therefrom shall be t r a n s f e r r e d to h i m .
(b) Whore the n u m b e r of v o t e s obtained by a c a n d i ­
date is raised t o , b u t n o t above, t h e q u o t a by a n y s u c h t r a n s ­
fer as aforesaid, the whole id' the ballot-papers on which such
votes arc r e c o r d e d shall be set aside as finally dealt, with.
(c) W h e r e the n u m b e r of votes obtained by a candi­
d a t e is raised above the q u o t a by a n y such t r a n s f e r as afore­
said, his s u r p l u s shall be t r a n s f e r r e d to t h e c a n d i d a t e s n e x t
in t h e order of the voters' respective preferences in t h e same
m a n n e r as is directed by R e g u l a t i o n 13.
17. T h e same process of e x c l u d i n g t h e c a n d i d a t e lowest on
t h e poll and t r a n s f e r r i n g to other c a n d i d a t e s his votes shall,
except in the. case provided for in t h e n e x t following R e g u ­
l a t i o n , be repeated u n t i l all t h e c a n d i d a t e s , except t h e n u m b e r
r e q u i r e d to be elected, have been excluded, and t h e c o n t i n u i n g
c a n d i d a t e s , who have not already been so declared, shall t h e n
he declared elected.
18.
I S . If only one vacancy r e m a i n s unfilled, a n d t h e n u m b e r
of votes of some one c o n t i n u i n g c a n d i d a t e exceeds t h e t o t a l
n u m b e r of t h e votes of t h e other c o n t i n u i n g c a n d i d a t e s , t o ­
g e t h e r w i t h t h e n u m b e r of any s u r p l u s votes n o t t r a n s f e r r e d ,
t h e first-mentioned c a n d i d a t e shall be declared elected.
19. W h e r e a t any t i m e it becomes necessary to exclude a
c a n d i d a t e , a n d two or m o r e candidates have t h e s a m e n u m b e r
of votes a n d a r e lowest on t h e poll, t h e n , whichever of such
c a n d i d a t e s was lowest on t h e poll at t h e last c o u n t or t r a n s ­
fer a t which they h a d a n u n e q u a l n u m b e r of votes shall be
first excluded, a n d if such c a n d i d a t e s have h a d a n equal n u m b e r
of votes at all p r e c e d i n g counts or t r a n s f e r s , or in case of t h e
exclusion of a c a n d i d a t e o n t h e first c o u n t , t h e R e t u r n i n g
Officer shall decide which c a n d i d a t e shall be first excluded.
General
Provisions.
20. I n d e t e r m i n i n g which c a n d i d a t e is n e x t in order of t h e
voters' preference, a n y c a n d i d a t e s who have been declared
elected or who have been excluded shall n o t be considered, a n d
t h e order of t h e voters' preference shall be d e t e r m i n e d as if
t h e n a m e s of s u c h candidates' h a d n o t been o n t h e ballot-paper.
21. W h e r e on a n y t r a n s f e r it is f o u n d t h a t on any ballotp a p e r t h e r e is no c a n d i d a t e opposite whose n a m e a n u m b e r is
placed, other t h a n those who h a v e been already e i t h e r de­
clared elected or excluded, such ballot-paper shall be set aside
as exhausted.
SCHEDULES.
SCHEDULES.
SCHEDULE A .
PARLIAMENTARY
ELECTORATES
PARLIAMENTARY
A N D ELECTIONS
ELECTIONS (AMENDMENT)
A C T , 1012, A N D
A C T , 11)18.
Ballot-paper.
N E W SOUTH W A L E S .
Electoral district of [here insert name of
district].
Election of M e m b e r s of the Legislative Assembly,
CANDIDATES.
BROOKMAN,
CRANE,
Jchn
Jcseph
F R E N C H , Charles
KING,
William
WILSON,
WRIGHT,
Henry
James
N . B . — I n the case of an Electoral D i s t r i c t represented liy five members
indicate your vote by marking within the square opposite the names of rive of the
candidates the numbers 1, 2, M, 4 and 5 to indicate the order ( i f your preference.
Y o u may, if M I desired, g i v e contingent voles for all or any "t the remaining
candidates by placing the figures 0, 7, 8 and go o n within tliu square opposite
the names of the respective candidates to indicate in numerical sequence the
order o f your preference.
In the case of an Electoral District represented by throe members indicate
your vote by marking within the square opposite the names o f three of the
candidates, the numbers 1, 2, and 3 to indicate the order of your preference. N i 'ii
may, if you so desire, g i v e contingent votes for all o r any of the remaining
candidates by placing the figures 4, 5, (i and so on within the square opposite the
names of the respective candidates t o indicate in numerical sequence the order
o f your preference.
SCHEDULE
SCHEDULE B .
PARLIAMENTARY
ELECTORATES
A N D E L E C T I O N S A C T , 1912, A N D
P A R L I A M E N T A R Y E L E C T I O N S ( A M E N D M E N T ) A C T , 1918.
Absent voter $
ballot-paper.
NEW SOUTH WALES.
Electoral district of [here insert name of
district'].
Election of M e m b e r s of the L e g i s l a t i v e A s s e m b l y ,
1
(First P r e f e r e n c e . )
2
(Second P r e f e r e n c e . )
3
(Third Preference.)
4
(Fourth Preference.)
5
(Fifth P r e f e r e n c e . )
6
NOTE.—In the case of an Electoral District represented by five members, the
elector shall indicate his v o t e by w r i t i n g the names of five of the candidates
opposite the squares containing the figures 1, 2, '.1, 4. and 5 t o indiecate the order
of his preference. H e may, if he so desires, g i v e contingent votes for all or any
of the remaining candidates b y w r i t i n g the names of such candidates opposite
the squares containing the figures 6, 7, 8 and so on t o indicate the order of his
preference.
In the case of an Electoral District represented b y three members the elector
shall indicate his v o t e b y w r i t i n g the names of three of the candidates opposite
the squares containing the figures 1, 2, and 3 to indicate the order of his
preference.
H e may, if he so desires, g i v e contingent votes for all or any of the
remaining candidates by w r i t i n g the names of such candidates opposite the
squares containing the figures 4, 5, (i and so on to indicate the order of his
preference.
SCHEDULE
PARLIAMENTARY
ELECTORATES
PARLIAMENTARY
Application
for
a Postal
C.
A N D E L E C T I O N S A C T , 11)12, A N D
ELECTIONS (AMENDMENT)
Vote Certificate
and a Postal
A C T , 1918.
Ballot-paper.
T h i s application should be made and sent, after the issue of the W r i t for the
election to which it relates and before polling day, t o the R e t u r n i n g Officer for
the D i s t r i c t f o r w h i c h the elector is enrolled ; but if the elector has reason to
believe that it may not in the ordinary course of post reach that officer so as t o
enable him to send a P o s t a l V o t e Certificate and a P o s t a l Ballot-paper t o the
elector in time t o permit of his v o t i n g at the election, the application may, for
purposes of e x p e d i t i o n , be made and sent to some other R e t u r n i n g Officer.
In
I n order that a Postal Ballot-paper may be admitted to the scrutiny the envelope
in which it is contained must bo r e c e i v e d , prior to the close of the P o l l , by the
R e t u r n i n g Oflicer for the D i s t r i c t in respect of which the elector claims t o v o t e .
Number
Postal
Vote
Certificate
and
l'oetal
I'.allot-paner
issued
/
/
10
Initials
of
the^
R e t u r n i n g Officer (
for
t h e District C
of
J
T o the Returning Officer for the Kleetoral District of (1)
1, (2)
, hereby a p p l y for a Postal V o t e
Certificate and a Postal Ballot-paper to enable me to vote by post at the forth
coming Election of M e m b e r s of the L e g i s l a t i v e A s s e m b l y .
I declare
(1) T h a t 1 am an elector enrolled on the Kleetoral R o l l for the (3)
polling-place area of the District of ( 4 )
(2) T h a t the ground on which I apply t o v o t e by post is—
(a) that 1 w i l l not throughout the hours of polling on polling d a y be w i t h i r
fifteen miles by the nearest practicable route of any polling booth open
in the State for the purposes of an election ;
(ti) that 1 will throughout the hours of p o l l i n g on p o l l i n g day be travelling;
under conditions which will preclude me from attending at a n y polling
booth to v o t e ;
(<•) t h a t ! am seriously ill or infirm, and by reason of such illness or infirmity
will be precluded from attending at any polling booth to vote ;
( ' / ) that 1 w i l l , by approaching m a t e r n i t y , be precluded from attending at any
polling booth t o v o t e .
N O T K . - -The elector will strike out any of the above grounds which do not a p p h
to his or her particular case.
A n elector shall not make, and a person shall not induce an (doctor t o m a k e ,
any false statement in an application for a postal vote certificate and a postal
ballot-paper, or in the declaration contained in such application.
P e n a l t y : Fifty pounds, or imprisonment for one month.
I request that a postal vote certificate and a postal ballot-paper m a y b e
forwarded to mo at the following address : —
Signed by the elector in his o w n
handwriting in m y presence—
(/Signature of Authorised
in his oh'h
handwriUwj)—
(Title
under
Authorised
Dated at
Witney
winch witness acts
Witness) —
Signature
of Elector
(in own
handwriting)—
as
the
day of
19
.
The
The following persons are authorised witnesses, n a m e l y : — A l l C o m m o n w e a l t h D h i s i o n a l
R e t u r n i n g Officers, S t a t e R e t u r n i n g - Officers, a n d officers o f t h e P u b l i c S e r v i c e of t h e C o m m o n w e a l t h
p e r m a n e n t l y e m p l o y e d i n t h e office of a n y C o m m o n w e a l t h E l e c t o r a l Officer of a S t a t e o r D i v i s i o n a l
R e t u r n i n g - Officer ; all C o m m o n w e a l t h o r S t a t e E l e c t o r a l R e g i s t r a r s a n d D e p u t y R e g i s t r a r s ; a l l
P o s t m a s t e r s o r P o s t m i s t r e s s e s or p o s t a l officials i n c h a r g e of p o s t offices ; all P o l i c e o r S t i p e n d i a r y
o r S p e c i a l M a g i s t r a t e s of t h e C o m m o n w e a l t h o r of a S t a t e ; all J u s t i c e s of t h e P e a c e ; all H e a d
T e a c h e r s i n t h e e m p l o y m e n t of a S t a t e E d u c a t i o n D e p a r t m e n t ; all officers of t h e D e p a r t m e n t of
T r a d e a n d C u s t o m s ; all m e m b e r s of t h e P o l i c e F o r c e of t h e C o m m o n w e a l t h o r of a S t a t e ; a l l
M i n i n g W a r d e n s a n d Mining- W a r d e n s ' C l e r k s in t h e P u b l i c S e r v i c e o f a S t a t e ; all l e g a l l y q u a l i f i e d
M e d i c a l P r a c t i t i o n e r s ; a l l Officers i n c h a r g e of Q u a r a n t i n e S t a t i o n s ; all Officers i n c h a r g e of
L i g h t h o u s e s ; all P i l o t s in t h e s e r v i c e of t h e C o m m o n w e a l t h o r of a S t a t e , o r o f a n y l o c a l g o v e r n i n g
b o d y ; all T e l e g r a p h L i n e R e p a i r e r s p e r m a n e n t l y e m p l o y e d i n t h e P u b l i c S e r v i c e of t h e C o m m o n ­
w e a l t h , w h o a r e i n c h a r g e of w o r k i n g p a r t i e s ; a l l R a i l w a y S t a t i o n - m a s t e r " a n d N i g h t Officers i n
c h a r g e w h o a r e p e r m a n e n t l y e m p l o y e d in t h e R a i l w a y S e r v i c e of t h e C o m m o n w e a l t h o r of a S t a t e ;
all S u p e r i n t e n d e n t s of M e r c a n t i l e M a r i n e a n d t h e i r D e p u t i e s w h i l e p e r m a n e n t l y e m p l o y e d in t h e
P u b l i c S e r v i c e of t h e C o m m o n w e a l t h o r of a S t a t e ; a n d all p e r s o n s o r c l a s s e s of p e r s o n s , e m p l o y e d
i n t h e P u b l i c S e r v i c e of t h e C o m m o n w e a l t h or of a S t a t e , w h o a r e d e c l a r e d b y p r o c l a m a t i o n t o b e
authorised witnesses.
N o p e r s o n w h o is a c a n d i d a t e a t a n y e l e c t i o n shall be a n a u t h o r i s e d w i t n e s s a t t h a t e l e c t i o n .
OBLIGATIONS OF AUTHORISED
WITNESSES.
A n a u t h o r i s e d w i t n e s s s h a l l n o t w i t n e s s t h e s i g n a t u r e of a n y e l e c t o r t o a n a p p l i c a t i o n f o r a p o s t a l
vote certificate a n d a postal ballot-paper unless —
( a ) h e h a s s a t i s f i e d h i m s e l f a s t o t h e i d e n t i t y of t h e a p p l i c a n t ;
(b)
h e has seen t h e applicant sign the application io his (the applicant's) own hand­
writing ; and
(c) h e k n o w s t h a t t h e s t a t e m e n t s c o n t a i n e d i n t h e a p p l i c a t i o n a r e t r u e , or h a s s a t i s f i e d
himself by inquiry Irom t h e applicant or otherwise t h a t t h e s t a t e m e n t s c o n t a i n e d
in t h e a p p l i c a t i o n are true.
P e n a l t y : F i f t y p o u n d s , or i m p r i s o n m e n t f o r o n e m o n t h .
T h e a u t h o r i s e d w i t n e s s s h a l l s i g n h i s n a m e in h i s o w n h a n d w r i t i n g o n t h e a p p l i c a t i o n in t h e
s p a c e p r o v i d e d f o r t h e p u r p o s e , a n d s h a l l a d d t h e t i t l e u n d e r w h i c h h e a c t a us a n a u t h o r i s e d
witness, and the date.
SCHEDULE
P A R L I A M E N T A R Y ELECTORATES
D.
A N D E L E C T I O N S A C T , 1912, A N D
P A R L I A M E N T A R Y E L E C T I O N S ( A M E N D M E N T ) A C T , 1918.
R e g . N o . 41.
POSTAL VOTE CERTIFICATE.
I hereby certify that
of
to v o t e by post at the election to be held on the
19 , in the Electoral District of
is entitled
day of
R e t u r n i n g Officer for the Electoral District of
D a t e d this
day of
19
.
Signed by the V o t e r in his own hand­
w r i t i n g in m y presence—
(Signature
of Authorised
own, handwriting)—{Title
under
A uthorised
Witness in his
which
Witness
Witness)—
acts
{Signature
of
ivrittng)—
Voter in his own hand'
as
Address—
Date
19
.
AUTHOKISED
AUTHORISED \VITSKSSES.—The following persons are authorised witnesses, n a m e l y : — A l l Com­
m o n w e a l t h D i v i s i o n a l R e t u r n i n g Officers, S t a t e R e t u r n i n g Officers, a n d officers of t h e P u b l i c
S e r v i c e of t h e C o m m o n w e a l t h p e r m a n e n t l y e m p l o y e d i n t h e office o f a n y C o m m o n w e a l t h K l e e t o r a l
Officer o f a S t a t e o r D i v i s i o n a l R e t u r n i n g Officer ; all C o m m o n w e a l t h o r S t a t e K l e e t o r a l R e g i s t r a r s
a n d D e p u t y R e g i s t r a r s ; all P o s t m a s t e r s o r P o s t m i s t r e s s e s o r p o s t a l officials i n c h a r g e o f p o s t
o f f i c e s ; a l l P o l i c e o r S t i p e n d i a r y o r S p e c i a l M a g i s t r a t e s o f t h e C o m m o n w e a l t h o r of a S t a t e ; a l l
J u s t i c e s of t h e P e a c e ; a l l H e a d T e a c h e r s i n t h e e m p l o y m e n t o f a S t a t e E d u c a t i o n D e p a r t m e n t ;
all officers of t h e D e p a r t m e n t of T r a d e a n d C u s t o m s ; all m e m b e r s of t h e P o l i c e F o r c e of t h e C o m ­
m o n w e a l t h o r o f a S t a t e ; all M i n i n g W a r d e n s a n d M i n i n g W a r d e n s ' C l e r k s i n t h e P u b l i c S e r v i c e o f
a S t a t e ; all l e g a l l y q u a l i f i e d M e d i c a l P r a c t i t i o n e r s ; a l l Officers i n c h a r g e o f Q u a r a n t i n e S t a t i o n s ;
all Officers i n c h a r g e o f L i g h t h o u s e s ; all P i l o t s in t h e s e r v i c e o f t h e C o m m o n w e a l t h o r o f a S t a t e ,
or of a n y local g o v e r n i n g b o d y ; all T e l e g r a p h Line R e p a i r e r s p e r m a n e n t l y e m p l o y e d i n t h e Public
S e r v i c e o f t h e C o m m o n w e a l t h , w h o a r e i n c h a r g e of w o r k i n g p a r t i e s ; a l l R a i l w a y S t a t i o n - m a s t e r s
a n d N i g h t Officers i n c h a r g e w h o a r e p e r m a n e n t l y e m p l o y e d i n t h e R a i l w a y S e r v i c e o f t h e C o m ­
m o n w e a l t h o r o f a S t a t e ; a l l S u p e r i n t e n d e n t s of M e r c a n t i l e M a r i n e a n d t h e i r D e p u t i e s w h i l e
p e r m a n e n t l y e m p l o y e d i n t h e P u b l i c S e r v i c e of t h e C o m m o n w e a l t h o r o f a S t a t e ; a n d a l l p e r s o n s
o r c l a s s e s of p e r s o n s e m p l o y e d i n t h e P u b l i c S e r v i c e of t h e C o m m o n w e a l t h o r of a S t a t e w h o a r e
d e c l a r e d b y p r o c l a m a t i o n !.o b e a u t h o r i s e d w i t n e s s e s w i t h i n t h e m e a n i n g o f t h i s A c t .
N o p e r s o n w h o i s a candidate a t a n y e l e c t i o n shall be a n a u t h o r i s e d w i t n e s s a t t h a t e l e c t i o n .
N O T E S . — ( 1 ) The attention
of the Voter and Authorised
Witness is specially
directed to the
necessity of strictly observing the instructions
indorsed on the back of each postal ballot-paper,
and
to the fact that this envelope containing
the Postal ballot-paper
{after having been marked by the
Voter) must he forthwith
posted or delivered to the Returning
Officer to whom, it is addressed, by the.
Voter, or by the person to -whom it is entrusted by the Voter for the purpose of posting or delivery.
(2) Any person, to whom an envelope containing
or purporting
to contain a postal ballot-paper
entrusted by a Voter for the purpose of posting or delivery to a Returning
Oj/tcer, and. who fails
forthwith
post or deliver the envelope, shall be guilty of an offence.
is
to
P e n a l t y : Fifty p o u n d s , or i m p r i s o n m e n t for o n e m o n t h .
SCHEDULE
[Front
PARLIAMENTARY
of
ELECTORATES
PARLIAMENTARY
Form.]
A N D ELECTIONS
ELECTIONS
Postal
E.
(AMENDMENT)
A C T , 1912, A N D
A C T , 191S.
Ballot-paper.
N E W SOUTH W A L E S .
E l e c t o r a l D i s t r i c t of
E l e c t i o n of M e m b e r s of the L e g i s l a t i v e A s s e m b l y .
1
(First Preference.)
2
(Second Preference.)
3
( T h i r d Preference )
4
(Fourth Preference )
5
(Fifth Preference.)
6
N O T E . — T h e e l e c t o r should c a r e f u l l y read the d i r e c t i o n s for his guidance p r i n t e d
on the back of this b a l l o t - p a p e r ,
and
in p a r t i c u l a r note t h a t he must not m a r k
his v o t e thereon u n t i l after he has rirst e x h i b i t e d the
ballot-paper
(unmarked) to
the authorised w i t n e s s .
{Bad:
[Back
Directions
to Elector
of
Form.]
and Authorised
Witness.
(a) T h e elector shall e x h i b i t his unmarked postal ballot-paper and his postal
v o t e certificate to the authorised witness.
(b) T h e elector shall then and there, in the presence of the authorised witness,
sign his name in his o w n h a n d w r i t i n g on the postal v o t e certificate, in
the place p r o v i d e d for the signature of the voter.
(c) T h e authorised witness shall then and there sign his name in his o w n
h a n d w r i t i n g on the postal v o t e certificate in the place p r o v i d e d for the
signature of the authorised witness, and shall add the t i t l e under which
lie acts as an authorised witness, and the d a t e .
(d)
T h e elector shall then and there in the presence of the authorised
witness, but so that the authorised witness cannot see the v o t e , indicate
his v o t e in an Electoral District represented b y five members by w r i t i n g
the names of five of the candidates opposite the squares containing the
figures, 1, '2, .'1, 4, and 5 to indicate the order of his preference. H e m a y ,
if he so desires, g i v e contingent votes for all or any of the remaining
candidates by w r i t i n g the names of such candidates opposite the squares
containing the figures (i, 7, 8 and so on t o indicate the order of his prefer­
ence. I n the case of an E l e c t o r a l District represented b y three members
the elector shall indicate his v o t e b y w r i t i n g the names of three of the
candidates opposite the squares containing the figures 1, 2, and II to indi­
cate the order of his preference. H e m a y , if he so desires, g i v e contingent
votes for all or any of the remaining candidates by w r i t i n g the names of
such candidates opposite the squares containing the figures 4, 5, 6, and
so on, t o indicate the order of his preference. H e shall then fold the
ballot-paper so that the v o l e cannot be seen, and hand it so folded to the
authorised witness.
( c ) T h e authorised witness shall then and there place the ballot-paper
in the e n v e l o p e addressed t o the Returning Officer, fasten the e n v e l o p e ,
and hand i t to the v o t e r , w h o shall f o r t h w i t h post or d e l i v e r i t . or cause
it to be posted or d e l i v e r e d , t o the Returning Officer.
(f)
I f the elector's sight is so impaired that he cannot v o t e w i t h o u t assistance,
the authorised witness, if so requested b y the elector, shall mark t h e
elector's v o t e on the ballot-paper in the presence of a witness, and shall
then and there fold the ballot-paper so that the v o t e cannot be seen,
place the ballot-paper in the envelope addressed to the R e t u r n i n g Officer,
fasten the e n v e l o p e , and hand it t o the v o t e r , w h o shall f o r t h w i t h post
or d e l i v e r it, or cause it to be posted or d e l i v e r e d , to the R e t u r n i n g
Officer.
Further
Directions
to Authorised
Witness.
T h e authorised witness shall not, unless the elector's sight is so impaired that
he cannot v o t e w i t h o u t assistance, lcok at or make himself acquainted w i t h the
v o t e g i v e n by the elector, a n d , e x c e p t as p r o v i d e d in paragraph ( / ) of the preceding
Directions, shall not suffer or permit any person ( o t h e r than the e l e c t o r ) t o see
or become acquainted w i t h the elector's vote, or to assist the elector t o v o t e , or
to interfere in any w a y w i t h the elector in relation to his v o t e .
E v e r y authorised witness shall—
(a) c o m p l y w i t h the preceding directions in so far as t h e y are t o be complied
w i t h on his p a r t ;
(6) see that the preceding directions are c o m p l i e d w i t h b y e v e r y elector
v o t i n g by post before him, and b y e v e r y person present w h e n the elector
v o t e s ; and
(c) refrain from disclosing any k n o w l e d g e of the v o t e of any elector v o t i n g
by post before hi in.
P e n a l t y : One hundred pounds, or imprisonment for three months,
Duty
Duty of Persons Present when an Elector Votes by Post.
Any person present when an elector is before an authorised witness for the
purpose of voting by post shall—
(a) obey all directions of the authorised witness ;
(6) refrain from making any communication whatever to the elector in
relation to his vote ;
(c) refrain from assisting the elector or in any manner interfering with him
in relation to his vote ;
(el) except as provided in paragraph (J) of the Directions to Elector and
Authorised Witness, refrain from looking at the elector's vote or from
doing anything whereby lie might become acquainted with the elector's
vote.
Penalty : One hundred pounds, or imprisonment for three months.
Dutij of Person to villain an Envelope containiw) a Postal Ballot-paper is
entrusted for Posting or Delivery.
Any person to whom an envelope containing or purporting to contain a postal
ballot-paper is entrusted by a voter for the purpose of posting or delivery to
a Returning Officer, and who fails to forthwith post or deliver the envelope,
shall be guilty of an offenje.
Penalty : Fifty pounds, or imprisonment for one month.
3= Section two of the Proclamations Validation Act, •'
1919, ami all regulations purporting to have been made '
under section 3v of the Principal Act are repealed.