Electoral Act 1993

Elections - Voting

170: Blind, disabled, or illiterate voters

You could also call this:

"Help for voters who are blind, disabled, or can't read or write"

Illustration for Electoral Act 1993

If you are blind, disabled, or have trouble reading or writing, you can get help when you vote. You can choose someone to assist you, or if you don't choose someone, the issuing officer can help you. This person can go with you into a private area to mark your ballot paper, and they can mark it for you if you need them to. You can also choose someone to check your ballot paper before you put it in the ballot box. If you tell someone how you voted, or who you voted for, they can get in trouble and have to pay a fine of up to $1,000. There are rules that can be made to help blind people vote on their own using special devices, as stated in section 267.

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Part 6Elections
Voting

170Blind, disabled, or illiterate voters

  1. Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.

  2. At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter.

  3. A voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box.

  4. Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act.

  5. Every person commits an offence, and shall be liable on conviction to a fine not exceeding $1,000, who, being a person who is present in accordance with this section or with any regulations when an elector votes, communicates at any time to any person any information obtained as to the constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter.

  6. Regulations made under section 267 may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind.

Notes
  • Section 170(2): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 170(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 170(5): amended, on , by section 48 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).