Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Elections - Special voting

172: Voting by special voters

You could also call this:

"Voting by special voters means voting at a different time or place with special rules."

Illustration for Electoral Act 1993

When you vote as a special voter, you can vote at a different place or time than others. You can vote in a different way and there may be special conditions you need to follow. These conditions are decided by regulations made under the Electoral Act.

You might vote in a different way than other special voters, depending on what class of special voter you are. The ballot papers you use might look different from the ones used by other voters. They might have logos on them, but they do not have to, as stated in section 127(7) and (8), section 143(3A) and (4), or section 146E(4) and (5).

Each candidate can choose someone to watch what the Electoral Commission is doing when they are counting special votes. This person is called a scrutineer and they have to promise to follow the rules, as stated in section 203. They have to make this promise in a special form and get someone to witness it.

If a candidate chooses more than one scrutineer, only one of them can be at the Electoral Commission office at a time. The candidate themselves cannot be a scrutineer. Most of the rules in the Electoral Act apply to special voters, except for the special rules in this section and in section 61.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309843.

Topics:
Government and voting > Elections
Previous

171: Procedure when second vote given in same name, or

"What happens if someone tries to vote twice with the same name"

Next

173: Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels, or

"Voting rules for people on islands or fishing boats are different, but old rules no longer apply."

Part 6Elections
Special voting

172Voting by special voters

  1. Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.

  2. Different methods of voting may be prescribed for different classes of special voters.

  3. The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.

  4. The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.

  5. Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

  6. Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

  7. The declaration must—

  8. be in a form that the Electoral Commission has approved; and
    1. be witnessed as specified in the form.

      1. If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

      2. No candidate shall act as scrutineer under this section.

      3. Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

      Notes
      • Section 172(3A): inserted, on , by section 50 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
      • Section 172(3A): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 172(4): replaced, on , by section 81(1) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 172(5): replaced, on , by section 81(2) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 172(5A): inserted, on , by section 81(2) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 172(6): replaced, on , by section 81(3) of the Electoral Amendment Act 2017 (2017 No 9).