Electoral Act 1993

Registration of electors - Registration

88: Applications received after issue of writ

You could also call this:

"What happens if you apply to vote after the election process starts"

Illustration for Electoral Act 1993

If a writ is issued for an election, the Electoral Commission cannot register you as an elector if your application is received after the close of registration. You can still apply to register before the close of registration. The Electoral Commission must enter your name on the electoral roll if you apply before the close of registration and you are qualified to be registered. If you apply for registration after the issue of a writ and before the close of registration, you may be issued with a ballot paper in accordance with section 167, or a special vote ballot paper. The Electoral Commission will not enter your name on the main roll or any supplementary roll used at that election. You can still vote in the election. An application for registration is treated as received before the close of registration if it has a postmark or date stamp before the close of registration at a designated place, or if you have a receipt that was issued before the close of registration at a designated place. There are some exceptions to this rule, which are explained in section 89(1A) or (1B).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308878.

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Part 5Registration of electors
Registration

88Applications received after issue of writ

  1. If a writ has been issued requiring the conduct of an election in a district, the Electoral Commission may not, at any time during the period beginning on the day after the close of registration and ending on the day of the return of the writ,—

  2. register an application for registration as an elector that the Electoral Commission receives after the close of registration; or
    1. amend an elector’s particulars on the roll in accordance with an application that the Electoral Commission receives after the close of registration.
      1. Subsection (1) is subject to subsections (2) to (4).

      2. For the purposes of subsection (1)(a), an application for registration is to be treated as having been received before the close of registration if—

      3. the application or the envelope in which it is contained bears a postmark or date stamp impressed before the close of registration at a place that the Electoral Commission has designated; or
        1. the applicant for registration produces a receipt that—
          1. relates to the application; and
            1. was issued before the close of registration at a place that the Electoral Commission has designated.
              1. If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before the close of registration,—

              2. the Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and
                1. the Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and
                  1. the person may, at that election,—
                    1. be issued with a ballot paper in accordance with section 167, if the rolls can be marked (either manually or by electronic means) to indicate the person has applied to vote; or
                      1. be issued with a special vote ballot paper in any other case.
                      2. Subsection (3)(a) does not apply if section 89(1A) or (1B) applies.

                      Notes
                      • Section 88: replaced, on , by section 26 of the Electoral Amendment Act 2017 (2017 No 9).
                      • Section 88(1): replaced, on , by section 7(1) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(1A): inserted, on , by section 6(1) of the Electoral Amendment Act 2020 (2020 No 2).
                      • Section 88(2): amended, on , by section 7(2) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(2): amended, on , by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(2)(a): amended, on , by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(2)(b)(ii): amended, on , by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(2)(b)(iii): repealed, on , by section 7(4) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(3): amended, on , by section 7(5) of the Electoral Amendment Act 2025 (2025 No 82).
                      • Section 88(3)(c): replaced, on , by section 6(3) of the Electoral Amendment Act 2020 (2020 No 2).
                      • Section 88(4): replaced, on , by section 7(6) of the Electoral Amendment Act 2025 (2025 No 82).