Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 234

Assistance to certain voters

             (1)  If any voter satisfies the presiding officer that his or her sight is so impaired or that the voter is so physically incapacitated or illiterate that he or she is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter's ballot paper.

          (1A)  A presiding officer who is visiting a patient under section 224 for the purpose of taking the patient's vote must explain to the patient the effect of subsection (1) of this section.

             (2)  If any such voter fails to appoint a person in pursuance of subsection (1) the presiding officer, in the presence of such scrutineers as are present, or, if there be no scrutineers present, then in the presence of:

                     (a)  a polling official; or

                     (b)  if the voter so desires, in the presence of a person appointed by such voter, instead of a polling official;

shall mark, fold, and deposit his or her ballot paper.

             (3)  Without limiting the generality of subsection (2), a voter to whom that subsection applies may indicate to the presiding officer the manner in which the voter wishes the presiding officer to mark his or her ballot paper by presenting to the presiding officer a statement in writing (which may be, or include, a how-to-vote card) that specifies the manner in which the ballot paper is to be marked.

             (4)  Where subsection (1) applies in relation to an absent or provisional voter, the presiding officer shall:

                     (a)  fill in the declaration referred to in subsection 222(1) or (1A) or 235(2), as the case may be, with the required particulars as requested by the voter;

                     (b)  read the declaration to the voter;

                     (c)  complete and attest the declaration; and

                     (d)  cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by a polling official.



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