Electoral Regulations 2002

i Electoral Regulations 2002 S.R. No. 73/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definition 2 5. Forms 2 PART 2—ENROLMENT PROCEDURES AND INFORMATION 3 6. Claim for enrolment or provisional enrolment 3 7. Enrolment by physically incapacitated persons 3 8. Processing of claims for enrolment and notices of change of address 3 9. Request for address not to be shown on roll 4 10. Application to be a general postal voter 4 11. Processing of application to be a general postal voter 4 12. Review and cancellation of designation as a general postal voter 5 13. Objection to a person's enrolment 5 14. Notice of objection 5 PART 3—ELECTION PROCEDURES 6 15. Nomination form 6 16. How-to-vote card declaration 6 17. How-to-vote card declaration—English translation 6 18. Endorsement of how-to-vote card 6 PART 4—VOTING 8 19. Declaration as to identity 8 20. Application to vote by post 8 21. Postal vote declaration 8 22. Receipt and forwarding of postal vote envelopes 8 23. Forwarding of early votes 8 24. Forwarding of early votes from Antarctica 9 -- 1 of 38 -- Regulation Page ii 25. Declaration under section 108 9 26. Statement of person's rights under section 108 9 27. Determination of enrolment entitlement 9 28. Declaration of absent voter 10 29. Forwarding of absent vote envelopes 10 30. Declaration of elector under section 110 10 PART 5—ELECTION RESULTS 11 31. Preliminary scrutiny of declaration votes—general 11 32. Preliminary scrutiny of postal vote declarations 11 33. Preliminary scrutiny of declarations under section 108 12 34. Preliminary scrutiny of absent declarations under section 109 12 35. Preliminary scrutiny of declarations under section 110 13 36. Extraction of ballot-papers from accepted declaration envelopes 13 37. Ballot material to be secured and stored 13 PART 6—ENFORCEMENT AND OFFENCES 15 38. Notice to elector who has failed to vote 15 39. Reply to notice by elector 15 PART 7—GENERAL 16 40. Official mark on ballot-papers 16 __________________ SCHEDULE 17 Form A—Electoral enrolment form 17 Form B—Request by elector for address not to be shown on electoral roll 18 Form C—Application to be a general postal voter 19 Form D—Application to be a general postal voter by a person who is unable to sign an application because of physical incapacity 20 Form E—Objection to enrolment of a person 21 Form F—Notice of objection 22 Form G—Nomination of a candidate for the Legislative Assembly/Council 23 Form H—How-to-vote card declaration 26 Form I—Multiple electorate how-to-vote card declaration form 27 Form J—Declaration as to identity 28 -- 2 of 38 -- Regulation Page iii Form K—Application for a postal vote 29 Form L—Declaration of postal voter 30 Form M—Vote under section 108 31 Form N—Statement to persons claiming a vote under section 108 32 Form O—Absent and section 110 vote 33 Form P—Failure to vote/infringement notice 34 ═══════════════ -- 3 of 38 -- 1 STATUTORY RULES 2002 S.R. No. 73/2002 Electoral Act 2002 Electoral Regulations 2002 The Governor in Council, on the recommendation of the Victorian Electoral Commission, makes the following Regulations: Dated: 3 September 2002 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to facilitate the enrolment of electors and the conduct of parliamentary elections. 2. Authorising provisions These Regulations are made under section 184 of the Electoral Act 2002. 3. Commencement These Regulations come into operation on 8 September 2002. -- 4 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 2 4. Definition In these Regulations— "Act" means the Electoral Act 2002. 5. Forms (1) A reference to a Form is a reference to the appropriate Form in the Schedule. (2) A Form in the Schedule is not invalid because in addition to matter relating to enrolment on the register of electors, it contains matter relating to the enrolment of an elector for Commonwealth purposes. __________________ r. 4 -- 5 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 3 PART 2—ENROLMENT PROCEDURES AND INFORMATION 6. Claim for enrolment or provisional enrolment A claim for enrolment or for provisional enrolment must be in accordance with Form A. 7. Enrolment by physically incapacitated persons (1) If a person wishes to make a claim for enrolment or for provisional enrolment, and a registered medical practitioner has certified in writing that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, complete and sign the claim in accordance with the directions of the first-mentioned person. (2) If an elector wishes to notify the Commission of a change in the elector's principal place of residence, and a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector cannot sign the notice, another person may, on behalf of the elector, complete and sign the notice in accordance with the directions of the elector. (3) A certificate referred to in sub-regulation (1) or (2) must be lodged with the claim or notice to which it refers. 8. Processing of claims for enrolment and notices of change of address If the Commission receives a claim for enrolment or a notice of a change of an elector's address, the Commission must— (a) note the date of receipt; and (b) if the Commission is satisfied that the person is entitled to be enrolled or that the notice is correct— r. 6 -- 6 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 4 (i) enter on the register of electors the name of the person and particulars relating to the person; and (ii) notify the person in writing of the particulars of the person's enrolment. 9. Request for address not to be shown on roll A request for the address of an elector not to be shown on any electoral roll must be in accordance with Form B. 10. Application to be a general postal voter (1) The application form to be used by an elector applying to be a general postal voter under section 24(1) of the Act must be in accordance with Form C. (2) The application form to be used by an elector applying to be a general postal voter referred to in section 24(2) of the Act must be in accordance with Form D. 11. Processing of application to be a general postal voter (1) An application to be a general postal voter must be lodged with the Commission in a manner approved by the Commission. (2) If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must— (a) record on the register of electors that the applicant is a general postal voter; and (b) advise the applicant in writing of the decision to accept the application. r. 9 -- 7 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 5 12. Review and cancellation of designation as a general postal voter (1) The Commission may from time to time review the eligibility of general postal voters to be general postal voters. (2) If the Commission is satisfied that a general postal voter has ceased to be eligible to be a general postal voter, the Commission must cancel the elector's designation as a general postal voter on the register of electors. (3) If the Commission cancels an elector's designation as a general postal voter, the Commission must advise the elector in writing of the cancellation. 13. Objection to a person's enrolment An objection to the enrolment of a person must be in accordance with Form E. 14. Notice of objection Notice to an elector of an objection to an elector's enrolment must be in accordance with Form F. __________________ r. 12 -- 8 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 6 PART 3—ELECTION PROCEDURES 15. Nomination form The nomination of a candidate must be made in accordance with Form G. 16. How-to-vote card declaration A person submitting a how-to-vote card to an election manager or the Commission for registration must make a declaration in accordance with Form H or Form I, as the case requires. 17. How-to-vote card declaration—English translation If a how-to-vote card submitted for registration contains a section in a language other than English, the person submitting the card for registration must submit with the card— (a) an accurate translation into English of the section in a language other than English; and (b) a declaration that the translation is fair in accordance with Form H or Form I, as the case requires. 18. Endorsement of how-to-vote card (1) A how-to-vote card submitted for registration to an election manager must be endorsed at the end of the card— "Registered by the election manager for...................................................... (insert name of electorate) District/Province". r. 15 -- 9 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 7 (2) A how-to-vote card submitted for registration to the Commission must be endorsed at the end of the card— "Registered by the Victorian Electoral Commission". __________________ r. 18 -- 10 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 8 PART 4—VOTING 19. Declaration as to identity A declaration as to identity under section 91 of the Act must be in accordance with Form J. 20. Application to vote by post The application form to be used by an elector applying to vote by post under section 101 of the Act must be in accordance with Form K. 21. Postal vote declaration A postal vote declaration under section 104 of the Act must be printed on an envelope in accordance with Form L. 22. Receipt and forwarding of postal vote envelopes (1) When the Commission receives a postal vote envelope, it must record the fact and date of receipt. (2) When an election manager or an election official at a voting centre receives a postal vote envelope, the election manager or election official must— (a) endorse the envelope with the place and date of receipt; (b) sign the envelope; (c) place the envelope in a sealed ballot box. (3) The Commission and each election manager must forward each postal vote envelope unopened to the appropriate election manager. 23. Forwarding of early votes After 6 p.m. on election day, each election manager and election official in charge of an early voting centre must forward each early vote to the appropriate election manager. r. 19 -- 11 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 9 24. Forwarding of early votes from Antarctica (1) Before 6 p.m. on election day, each Antarctic elector who has voted must transmit their completed ballot-paper to the Commission. (2) Upon receipt of a ballot-paper from Antarctica, the Commission must— (a) initial a ballot-paper for the voter's district or province; (b) transcribe the voter's preferences onto the ballot-paper; (c) forward the ballot-paper to the relevant election manager. 25. Declaration under section 108 A declaration of a person whose name is not or cannot be found on an electoral roll but who claims to be entitled to vote under section 108 of the Act must be printed on an envelope in accordance with Form M. 26. Statement of person's rights under section 108 The written statement setting out the person's rights under section 108 of the Act must be in accordance with Form N. 27. Determination of enrolment entitlement (1) After 6 p.m. on election day, each election manager must forward the envelopes completed under section 108 of the Act unopened to the Commission. (2) The Commission must examine each envelope and determine whether the person claiming to vote was entitled to be enrolled as at the close of roll for the address claimed by the elector. r. 24 -- 12 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 10 (3) The Commission must forward the envelopes, together with a report as to each person's enrolment entitlement, to the relevant election manager. 28. Declaration of absent voter The declaration of an absent voter under section 109 of the Act must be printed on an envelope in accordance with Form O. 29. Forwarding of absent vote envelopes After 6 p.m. on election day, each election manager must forward each absent vote envelope unopened to the election manager for the absent voter's district or province. 30. Declaration of elector under section 110 The declaration of an elector under section 110 of the Act must be printed on an envelope in accordance with Form O. __________________ r. 28 -- 13 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 11 PART 5—ELECTION RESULTS 31. Preliminary scrutiny of declaration votes—general The election manager must, no earlier than 8 a.m. on election day— (a) with the assistance of as many election officials as are necessary; (b) in the presence of any scrutineers who choose to be present; (c) in the presence of any person authorised by the Commission to be present— conduct the preliminary scrutiny of declaration votes in accordance with these Regulations. 32. Preliminary scrutiny of postal vote declarations (1) The election manager must— (a) compare the signature of the elector on each postal vote declaration with the signature of the same elector on the postal vote application; (b) allow scrutineers to inspect the signatures. (2) If the election manager is satisfied that— (a) the signature on the declaration is that of the elector who signed the postal vote application; and (b) the declaration has been witnessed by an authorised witness; and (c) the elector is enrolled for the address marked on the application or is entitled to be so enrolled— the ballot-paper must be accepted for further scrutiny. r. 31 -- 14 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 12 (3) If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope. 33. Preliminary scrutiny of declarations under section 108 (1) If the election manager is satisfied that— (a) a person who has voted under section 108 of the Act is at the close of the roll for the election enrolled for the address claimed or omitted from the roll in error; and (b) the declaration has been properly completed— the ballot-paper must be accepted for further scrutiny. (2) If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope. 34. Preliminary scrutiny of absent declarations under section 109 (1) If the election manager is satisfied that— (a) an absent voter under section 109 is at the close of the roll for the election enrolled for the address claimed or omitted from the roll in error; and (b) the declaration has been properly completed— the ballot-paper must be accepted for further scrutiny, and the absent voter must be recorded on the electoral roll as having voted. (2) If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope. r. 33 -- 15 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 13 35. Preliminary scrutiny of declarations under section 110 (1) If the election manager is satisfied that— (a) the name of an elector who voted under section 110 of the Act was marked on the electoral roll in error; and (b) the declaration has been properly completed— the ballot-paper must be accepted for further scrutiny. (2) If the election manager is not so satisfied, the ballot-paper must be disallowed without opening the envelope. 36. Extraction of ballot-papers from accepted declaration envelopes The election manager must— (a) extract the ballot-papers from the accepted declaration envelopes, while ensuring that no person can discover how an elector has voted; (b) keep the ballot-papers secure for further scrutiny. 37. Ballot material to be secured and stored The election manager must after the close of voting— (a) enclose in one or more boxes— (i) all used ballot-papers; (ii) all unused ballot-papers; (iii) all ballot-papers marked as spoiled or discarded; (iv) all postal vote applications; r. 35 -- 16 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 14 (v) all used declaration envelopes (both those accepted and those rejected); (vi) all copies of the electoral roll and other papers used in connection with the election; (b) secure the boxes; (c) write on each box— (i) a description of the contents; (ii) the name of the district or province; (iii) the date of the election; and (iv) sign his or her name; (d) deliver the parcels to the Commission to be kept safely until the completion of any proceedings in the Court of Disputed Returns. __________________ r. 37 -- 17 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 15 PART 6—ENFORCEMENT AND OFFENCES 38. Notice to elector who has failed to vote The notice which the Commission is required under the Act to send by post to each elector who has failed to record the elector's vote must be in accordance with Form P. 39. Reply to notice by elector The form of reply of any elector to the notice must be in accordance with Form P. __________________ r. 38 -- 18 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 16 PART 7—GENERAL 40. Official mark on ballot-papers For the purpose of section 112 of the Act, the prescribed official mark to be borne by ballot- papers is either— (a) a water mark in the paper as approved by the Commission; or (b) an overprinting of the paper in a particular manner approved by the Commission, and the use of words, a design, or logo, approved by the Commission. __________________ r. 40 -- 19 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 17 SCHEDULE FORM A Regulation 6 ELECTORAL ENROLMENT FORM Details of applicant: Title: Surname: Given names: Residential address: Postal address: Male/Female: Date of birth: I am an Australian citizen: YES/NO Former surname: Former given names: Former residential address: Signature or mark: Date: Details of witness: Signature: Surname: Given names: Address: Date: __________________ Form A -- 20 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 18 FORM B Regulation 9 REQUEST BY ELECTOR FOR ADDRESS NOT TO BE SHOWN ON ELECTORAL ROLL Details of person making request: Title: Surname: Given names: Residential address: Postal address: Male/Female: Date of birth: Indicate which of the following applies: • I request that the residential address for which I am claiming enrolment not be entered on any electoral roll. An electoral enrolment form claiming enrolment for this address is attached. • I request that the residential address for which I am currently enrolled be removed from any electoral roll. Having my residential address shown on any electoral roll places the personal safety of myself or members of my family at risk as declared on the statutory declaration accompanying this form. Signature of elector: Date: __________________ Form B -- 21 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 19 FORM C Regulation 10(1) APPLICATION TO BE A GENERAL POSTAL VOTER Details of applicant: Title: Surname: Given names: Residential address: Postal address: Male/Female: Date of birth: I apply to be a general postal voter because (indicate which of the following applies): • I am an elector whose principal place of residence is not within 20 kilometres by the nearest route of an election day voting centre. • I am an elector who because of serious illness or infirmity is unable to travel to an election day voting centre. • I am an elector who is serving a sentence of imprisonment or is otherwise in lawful custody or detention. • I am an elector who because of caring for a seriously ill or infirm person other than in a hospital, is unable to travel to an election day voting centre. • I am an elector whose name has been excluded from any electoral roll under section 31 of the Act (silent elector). • I am an elector who, because of my religious beliefs or membership of a religious order, is precluded from attending an election day voting centre or is precluded from doing so for a greater part of the hours of voting. Signature or mark of elector: Date: __________________ Form C -- 22 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 20 FORM D Regulation 10(2) APPLICATION TO BE A GENERAL POSTAL VOTER BY A PERSON WHO IS UNABLE TO SIGN AN APPLICATION BECAUSE OF PHYSICAL INCAPACITY Details of elector on whose behalf the application is being made: Title: Surname: Given names: Residential address: Postal address: Male/Female: Date of birth: Indicate which of the following applies: • A registered medical practitioner has certified, in writing, that the elector is so physically incapacitated that he or she cannot sign his or her name. The certificate of the medical practitioner is attached. • The elector is already enrolled as a physically incapacitated elector and a registered medical practitioner's certificate that the elector was so physically incapacitated that he or she could not sign his or her name accompanied the electoral enrolment form. Declaration by person signing application: I declare that in making this application, I am acting at the request and on behalf of the elector. Signature: Details of person signing application: Surname: Given names: Residential address: Date: __________________ Form D -- 23 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 21 FORM E Regulation 13 OBJECTION TO ENROLMENT OF A PERSON Details of the elector objected to: Surname: Given names: Residential address: Reason why: • the elector is not entitled to be enrolled; or • the address for which the elector is enrolled is not the elector's principal place of residence. Details of elector making this objection: Surname: Given names: Residential address: Date of birth: Signature: Date: __________________ Form E -- 24 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 22 FORM F Regulation 14 NOTICE OF OBJECTION Grounds of objection: Details of elector objected to: Surname: Given names: Residential address: Your response must be received within 20 days. Your response will then be assessed. If no response is received your name will be removed from the register of electors. Victorian Electoral Commission: Date: __________________ Form F -- 25 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 23 FORM G Regulation 15 NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL NOMINATION BY REGISTERED OFFICER OF PARTY ENDORSING CANDIDATE To the Victorian Electoral Commission I, , the registered officer of the (name of registered political party), hereby nominate the person named below as a candidate for election to the Legislative Assembly/Council for the Electoral District/Province of . Signature of registered officer: Date: Form in which registered political party's name is to appear on ballot-paper: NOMINATION BY SIX ELECTORS To the Election Manager for the Electoral District/Province of . We, electors on the electoral roll for the above electorate and entitled to vote at the election for a member of the Legislative Assembly/Council for that electorate, hereby nominate the person named below as a candidate for election to the Legislative Assembly/Council for the above electorate. Nominators (not less than six persons entitled to vote at the election): Surname: Given names: Residential address for which enrolled: Date of birth: Signature: Surname: Given names: Residential address for which enrolled: Date of birth: Signature: Form G -- 26 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 24 Surname: Given names: Residential address for which enrolled: Date of birth: Signature: Surname: Given names: Residential address for which enrolled: Date of birth: Signature: Surname: Given names: Residential address for which enrolled: Date of birth: Signature: Surname: Given names: Residential address for which enrolled: Date of birth: Signature: CANDIDATE Name of candidate (as appears on the register of electors): Surname: Given names: Residential address for which enrolled: Postal address: Form in which given names appear on ballot-paper: Contact details for publication: Form G -- 27 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 25 I, the candidate named above, consent to nomination as a candidate for election to the Legislative Assembly/Council for the above electorate, and I declare that I am qualified under the Constitution Act 1975 to be elected a member of the Legislative Assembly/Council. Signature of candidate: Date: The Electoral Act 2002 provides for a penalty of up to $60 000 or 5 years imprisonment for making a false statement. __________________ Form G -- 28 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 26 FORM H Regulations 16, 17 HOW-TO-VOTE CARD DECLARATION Declaration to be made by a person submitting a how-to-vote card for registration. I, (full name of person submitting) of (contact address) contact telephone declare that I am authorised to submit how-to-vote card(s) for registration on behalf of (specify name of political party, person, organisation or group) Capacity in which I make this declaration: (specify title e.g. candidate, party secretary, campaign official, etc.) AND (if the how-to-vote card contains a section in a language other than English), I submit with the how-to-vote card a translation into English of the section in a language other than English, and I declare that the translation is a fair translation. I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years. Signature: Signed before me on the day of Signed *Election Manager for (electorate) *Victorian Electoral Commission (*Delete whichever is not applicable) __________________ Form H -- 29 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 27 FORM I Regulations 16, 17 MULTIPLE ELECTORATE HOW-TO-VOTE CARD DECLARATION FORM Declaration to be made by a person submitting a multiple electorate how-to- vote card for registration. I, of (specify address and telephone number for contact purposes) declare that this multiple electorate how-to-vote card, which I am authorised to submit for registration on behalf of (specify name of registered political party) shall be distributed * in every electorate in the State of Victoria * in the following electorates— AND (if the how-to-vote card contains a section in a language other than English), I submit with the how-to-vote card a translation into English of the section in a language other than English, and I declare that the translation is a fair translation. I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years. Signed: Title: (position held in registered political party) Declared before me on the day of Signed: Victorian Electoral Commission __________________ Form I -- 30 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 28 FORM J Regulation 19 DECLARATION AS TO IDENTITY I declare that I am the person whose details are set out below. Surname: Given names: Residential address: Postal address (if different from above) Date of birth: I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years. Signed: Declared before me on the day of Signed: Election official __________________ Form J -- 31 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 29 FORM K Regulation 20 APPLICATION FOR A POSTAL VOTE (Please use block letters) ELECTOR TO COMPLETE Surname: Given names: Residential address for which you claim to be enrolled: Date of birth: Contact phone no.: Address for voting material to be sent if different to above: I declare that I am entitled to apply for a postal vote, and that the address for which I am enrolled has been my principal place of residence within the 3 months before election day. Elector to sign and date: WITNESS TO COMPLETE Name: Address: Title or Capacity as Witness: Date of birth: Witness to sign: Date: The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment. __________________ Form K -- 32 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 30 FORM L Regulation 21 DECLARATION OF POSTAL VOTER (Please use block letters) ELECTOR TO COMPLETE I declare that— • I am the person whose name is printed on this form; • I have not voted before in this election. Signature of voter: Date: WITNESS TO COMPLETE Name: Address: Title or Capacity as Witness: Date of birth: Witness to sign: Date: The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment. __________________ Form L -- 33 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 31 FORM M Regulation 25 VOTE UNDER SECTION 108 (Please use block letters) Elector's District/Province ELECTOR TO COMPLETE Surname: Given names: Address for which elector is, or claims to be, enrolled: Date of birth: Former surname if changed since you last enrolled: I declare that— • I am an elector whose name cannot be found on the electoral roll; • The address shown above has been my principal place of residence within the period of 3 months immediately before election day; • I have not already voted at this election; • The information shown above is true and correct and I am entitled to vote. Elector to sign: ELECTION OFFICIAL TO COMPLETE I hereby certify that the above-named elector signed/marked this declaration in my presence. District/Province: Voting Centre: Election Official to sign: Date: The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment. __________________ Form M -- 34 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 32 FORM N Regulation 26 STATEMENT TO PERSONS CLAIMING A VOTE UNDER SECTION 108 The Electoral Act 2002 enables persons attending a voting centre to vote if their name cannot be found on the electoral roll and they claim to be omitted from the roll in error. 1. If your name is not on the electoral roll, and you have enrolled for your principal place of residence, and that address has been your principal place of residence within the 3 months immediately before election day, you may be entitled to vote as an unenrolled elector. 2. The election official will ask you to: • complete the declaration on the front of this envelope, which contains some personal details for identification; and • complete a claim for enrolment, which will help us correct your enrolment if necessary. 3. If you sign this declaration and it is subsequently found to be a false declaration, you may be prosecuted. The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment. 4. After the close of voting, this envelope will be sent to the Victorian Electoral Commission, which will examine the front of this envelope to determine if your name should have been on the electoral roll for this election. 5. If your name should have been on the electoral roll, the Victorian Electoral Commission will correct the error. In this case, your vote will be counted. __________________ Form N -- 35 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 33 FORM O Regulations 28, 30 ABSENT AND SECTION 110 VOTE (Please use block letters) Elector's District/Province ELECTOR TO COMPLETE Surname: Given names: Address for which elector is, or claims to be, enrolled: Date of birth: Former surname if changed since you last enrolled: I declare that— • I am enrolled at the address shown above and that address has been my principal place of residence within the period of 3 months immediately before election day; • I have not already voted at this election; • The information shown above is true and correct and I am entitled to vote. Elector to sign: ELECTION OFFICIAL TO COMPLETE I hereby certify that the above-named elector signed/marked this declaration in my presence. Election Official to sign: Issued at District/Province: Voting Centre: Date: The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment. __________________ Form O -- 36 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 34 FORM P Regulations 38, 39 FAILURE TO VOTE/INFRINGEMENT NOTICE Electorate: To: (name and address of elector) From Victorian Electoral Commission records it appears that you failed to vote at the above election. You are required to indicate which of the following options applies to you. OPTION ONE: I failed to vote at the above election. As I do not have a valid reason for failing to vote, enclosed is the fine of $50. (Cheque or money order to be made payable to the "Victorian Electoral Commission". If you choose to pay the fine, the matter will not be brought before the Magistrates' Court.) OPTION TWO: I failed to vote at the above election because: If this reason is considered to be valid and sufficient, no further action will be taken. If this reason is not considered to be valid and sufficient, a penalty notice will be sent to you. OPTION THREE: I voted at the above election • at the voting centre at (insert address) • by early voting • by post A person who provides a false excuse for not voting is guilty of an offence and liable to a penalty of not more than $100. Signature of elector (or of person completing form on behalf of elector) Date: Form P -- 37 of 38 -- S.R. No. 73/2002 Electoral Regulations 2002 35 You must post or deliver this notice to reach the Victorian Electoral Commission within 28 days. Proceedings may be instituted in the Magistrates' Court against you if you do not complete and return this form by the due date. The Magistrates' Court may impose a higher penalty. Victorian Electoral Commission Date of Notice: ═══════════════ Form P -- 38 of 38 --