Local Electoral Act 2001

Miscellaneous provisions

141: Voting methods

You could also call this:

"How You Can Vote in Local Elections"

Illustration for Local Electoral Act 2001

When you vote in local elections, there are rules about how you can vote. These rules can say which voting methods are allowed for different elections. You might vote at the same time as others, in the same area, or with the same electoral officer. Regulations can also decide which voting method is best for a particular group of people. This can be based on where you live or other characteristics that make a voting method suitable for you. For example, if you live overseas or have a disability, you might use a different voting method. If your date of birth is used as part of a voting method, there are rules to keep your information safe. These rules say how to prevent unauthorised access to your date of birth and how to secure documents with this information. Any documents with your date of birth must be treated as sensitive material, as outlined in section 89(5), and must be secured after the vote count, as outlined in section 89(1).

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Part 8Miscellaneous provisions

141Voting methods

  1. Regulations made under section 139(1)(c) may include (without limitation) provisions prohibiting or regulating the use of the same or different voting methods for different elections or polls, or elections and polls,—

  2. that are conducted—
    1. at the same or similar times; or
      1. in the same or in similar local government areas; or
        1. by the same electoral officer:
        2. using the same or different electoral systems.
          1. Regulations made under section 139(1)(c) may specify a class of elector by reference to—

          2. a local government area or subdivision in which the specified class of electors is eligible to vote; or
            1. any other characteristic that makes a voting method suitable for the specified class of electors (for example, in relation to an electronic method of voting, the members of the specified class may reside overseas or in remote locations, or have a relevant disability).
              1. If regulations made under section 139(1)(c) prescribe as part of a voting method the use of electors’ date of birth information,—

              2. the regulations must also prescribe—
                1. measures to prevent unauthorised access to, or use of, electors’ date of birth information; and
                  1. the manner in which documents or records containing electors’ date of birth information must be secured after the completion of the count (in accordance with section 89(1)):
                  2. any document or record containing an elector’s date of birth must be treated as specified material for the purpose of section 89(5).
                    Notes
                    • Section 141(2): inserted, on , by section 12 of the Local Electoral Matters Act 2019 (2019 No 7).
                    • Section 141(3): inserted, on , by section 12 of the Local Electoral Matters Act 2019 (2019 No 7).