Western Australian Consolidated Acts

ELECTORAL ACT 1907 - SECT 122A

122A .         Vote of person whose name is not on roll or has been struck off roll or is on roll and cannot be found or has been struck out under s. 126

        (1)         Notwithstanding anything contained in this Act, where a person who is entitled to be enrolled on the roll for a region or district claims to vote at any election in respect thereof at a polling place at which there is a copy of the roll and his name has been omitted from or struck off the roll owing to an error of an officer or a mistake of fact, or where any person who is so enrolled so claims to vote at such a polling place and his name cannot be found on the roll by the presiding officer or a record has been made in respect of his name on the copy of the roll under the provisions of section 126, he may subject to this Act and the regulations, be permitted to vote as a provisional voter if — 

            (a)         in the case of a person whose name has been omitted from the roll — 

                  (i)         a duly completed claim for the enrolment of the person in respect of the region of which the district forms part, or the district, was received under section 42 before the close of the roll for the election; and

                  (ii)         no circumstances occurred after sending or delivering the claim as would have compelled or authorised an enrolment officer to reject the claim under the provisions of section 47 or to strike the name off the roll under the provisions of section 48;

                or

            (b)         in the case of a person whose name has been struck off the roll — 

                  (i)         his name was not, to the best of his knowledge, struck off the roll for the region or district as the case may be, owing to objection, or duplication of enrolment or disqualification; and

                  (ii)         he had from the time of his enrolment for the region or district, as the case may be, to the time of the close of the roll for the election continuously retained his right to enrolment for that region or district;

                or

            (c)         in the case of a person whose name is on the roll for a region or district as the case may be but cannot be found by the presiding officer, he claims that his name appears or should appear on the roll; or

            (d)         in the case of a person in respect of whose name a record has been made on a copy of the roll under the provisions of section 126, he denies that he has been previously handed a ballot paper or has voted at that election,

                and if, in every such case, such person makes a declaration in the prescribed form before the presiding officer at the polling place.

        (2)         A determination of an entitlement to vote at an election being held on any day applies to any other election being held on that day and only one declaration is required under subsection (1).

        [Section 122A inserted by No. 63 of 1948 s. 20; amended by No. 58 of 1951 s. 12; No. 33 of 1964 s. 36; No. 9 of 1983 s. 21; No. 40 of 1987 s. 84; No. 79 of 1987 s. 49; No. 36 of 2000 s. 28(1) and (3), 76 and 77(3).]