Electoral Act 1993

Elections - Voting

165: Voters not to be communicated with in polling place

You could also call this:

"No talking to voters at polling stations except by election helpers."

Illustration for Electoral Act 1993

When you are in a polling place to vote, no one except an electoral official can talk to you. An electoral official can ask you questions they are allowed to ask and give you general directions to help you vote. They can also tell you the names of all the candidates and parties if you ask.

If you want to know the names of the candidates, the electoral official can tell you. They can tell you the names of all the constituency candidates in alphabetical order, along with the parties they belong to. They can also tell you the names of the parties and their candidates, as listed in accordance with section 127.

If someone breaks this rule, they can be fined up to $400 and removed from the polling place by the manager.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309822.


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164: Persons not to remain in polling places, or

"Leave the voting place if you're not voting or helping with the election"


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166: Questions may be put to voters, or

"Voting officers can ask you questions to check you can vote."

Part 6Elections
Voting

165Voters not to be communicated with in polling place

  1. No person other than an electoral official may communicate with a voter in a polling place, either before or after the voter has voted.

  2. An electoral official (with an interpreter if necessary) may ask only the questions the electoral official is authorised to put and give any general directions that may assist any voter, and in particular may, on request, inform a voter orally of the names of—

  3. all the constituency candidates in alphabetical order with their party designations; and
    1. all the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127.
      1. Every person who offends against this section shall be liable on conviction to a fine not exceeding $400 and may at once be removed from the polling place by order of the manager.

      Notes
      • Section 165 heading: amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 165(1): replaced, on , by section 36 of the Electoral Amendment Act 2022 (2022 No 80).
      • Section 165(1A): inserted, on , by section 36 of the Electoral Amendment Act 2022 (2022 No 80).
      • Section 165(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 165(2): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).