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Electoral Act 1993

Elections - Offences at elections

197A: Interfering with or influencing advance voters

You could also call this:

"Rules for behaving at advance voting places"

Illustration for Electoral Act 1993

You cannot do certain things at an advance polling place or near it while it is open for voting. You must not hold a demonstration or make a statement about the poll using a loudspeaker. You must not exhibit or distribute statements that try to influence how people vote. You can make some statements if they are part of a radio or television broadcast by a broadcaster as defined in section 2 of the Broadcasting Act 1989, such as an advertisement placed by the Electoral Commission. You can wear a party lapel badge if you are not an electoral official. The Electoral Commission can remove statements or things from the advance polling place or the buffer zone. A buffer zone is the area within 10 metres of any entrance to the advance polling place. An entrance is where voters go to get their voting papers.

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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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Topics:
Government and voting > Elections
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197: Interfering with or influencing voters, or

"Don't interfere with voters on election day"

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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 polling place or in a buffer zone for that advance polling place while the advance polling 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 polling place or in a buffer zone for that advance polling place while the advance polling 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 polling 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 polling place is maintained, cause to be removed or obliterated from the advance polling 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,—

                          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 polling place

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

                            Notes
                            • Section 197A: inserted, on , by section 96 of the Electoral Amendment Act 2017 (2017 No 9).
                            • Section 197A(1): amended, on , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(3): amended, on , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(5)(b): amended, on , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(9): amended, on , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(10) advance voting place: repealed, on , by section 45(2) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(10) buffer zone: amended, on , by section 45(3) of the Electoral Amendment Act 2025 (2025 No 82).
                            • Section 197A(10) entrance: amended, on , by section 45(4) of the Electoral Amendment Act 2025 (2025 No 82).