Electoral Act 1993

Elections - Offences at elections

197A: Interfering with or influencing advance voters

You could also call this:

"Rules for behaving at early voting places"

Illustration for Electoral Act 1993

When you are at an advance voting place, you cannot do certain things. You cannot hold a demonstration or procession that is about the election. You also cannot make a statement about the election using a loudspeaker or other device. This includes exhibiting or distributing statements that try to influence how people vote. You cannot show party names, emblems, slogans, or logos, or items like ribbons or streamers in party colours.

You can make a statement about the election if it is a radio or television broadcast made by a broadcaster as defined in section 2 of the Broadcasting Act 1989, and it is an advertisement placed by the Electoral Commission, a non-partisan advertisement, or news about the election.

If you are not an electoral official, you can wear items like ribbons or rosettes in party colours, or a party lapel badge. The Electoral Commission can remove statements or things that are not allowed in the advance voting place or the buffer zone, which is the area within 10 metres of any entrance to the advance voting place.

An advance voting place is an office where people can vote early, and it is maintained by the Electoral Commission. The Electoral Commission decides what the buffer zone is for each advance voting place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7205937.


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197: Interfering with or influencing voters, or

"Don't try to influence voters on election day or you could get in trouble"


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198: Power to remove statements, names, emblems, slogans, or logos, or

"Removing election signs and symbols from public places on polling day"

Part 6Elections
Offences at elections

197AInterfering with or influencing advance voters

  1. A person must not do any of the things listed in subsection (2) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

  2. A person must not—

  3. hold or take part in a demonstration or procession having direct or indirect reference to the poll; or
    1. make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus; or
      1. exhibit, publish, distribute, or broadcast—
        1. a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or
          1. a statement advising or intended or likely to influence an elector to abstain from voting; or
            1. a party name, emblem, slogan, or logo; or
              1. any ribbons, streamers, rosettes, or items of a similar nature in party colours.
              2. Despite subsections (1) and (2), a person may do the things allowed by subsections (4) to (7) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

              3. A person may make a statement described in subsection (2)(b) if the statement is a publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

              4. an advertisement placed by the Electoral Commission; or
                1. a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or
                  1. news that relates to an election.
                    1. A person may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if—

                    2. the statement or thing does not relate specifically to the election campaign; and
                      1. before the advance voting place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.
                        1. A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official.

                        2. A person may wear a party lapel badge if the person is not an electoral official.

                        3. Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act.

                        4. The Electoral Commission may, at any time during the period when an advance voting place is maintained, cause to be removed or obliterated from the advance voting place or the buffer zone statements or things referred to in section 198(1)(a) to (c), subject to section 198(2) and (3).

                        5. In this section,—

                          advance voting place means an office for advance special voters maintained by the Electoral Commission under regulations made under this Act, but does not include other facilities for special voting (for example, special voting facilities at a hospital)

                            buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance voting place

                              entrance means an entrance, used by voters, to the area of the advance voting place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance voting place.

                              Notes
                              • Section 197A: inserted, on , by section 96 of the Electoral Amendment Act 2017 (2017 No 9).