Electoral Act 1907 (WA)

Western Australia Electoral Act 1907 Western Australia Electoral Act 1907 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4AA. Official agents for the appointment of scrutineers 1 Part II — Administration 4A. Western Australian Electoral Commission, nature of 1 5. Electoral Commissioner, office of established 1 5A. Deputy Electoral Commissioner, office of established 1 5B. Appointment of Electoral Commissioner and Deputy Electoral Commissioner 1 5C. Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of 1 5D. Appointment of Acting Commissioners 1 5E. Electoral Commissioner etc., other provisions as to 1 5F. Functions of Electoral Commissioner 1 5G. Delegation by Electoral Commissioner 1 5H. Deputy Electoral Commissioner, functions of 1 5I. Commissioners to have regard to particular groups when performing functions 1 6. Appointing returning officers 1 7. Appointment of substitute for returning officer 1 13. Restriction on resignation of returning officer after issue of writ 1 14. Replacement of returning officer after issue of writ 1 15. Temporary assistants, appointment of 1 15A. Officers to make declaration before acting etc. 1 16. People not eligible to be officer etc. 1 Part IIA — Representation in Parliament Division 1 — Preliminary 16A. Terms used 1 16B. Electoral Distribution Commissioners, appointment of etc. 1 Division 2 — Whole of State electorate and electoral districts 16C. Whole of State electorate and representation 1 16D. Electoral districts and representation 1 Division 3 — Division of State into districts 16E. Division of State into districts required after each general election for Assembly 1 16F. Commissioners, functions of 1 16G. Districts, how State to be divided into 1 16I. Dividing State, matters Commissioners to consider when 1 16J. District boundaries etc., Commissioners may modify etc. 1 16K. Effect of notice under s. 16F(2)(f) as to division of State 1 16MA. Map or maps of districts generated from digital or electronic record 1 16M. One vote one value principle, absolute majorities required for Bills affecting 1 Part III — Enrolment Division 1 — Entitlement to be elector 17. Who is entitled to be enrolled and vote 1 17AA. Entitlement to be enrolled for persons who attain 16 years of age 1 17A. Electors leaving Australia but staying on Commonwealth roll to stay on register of electors 1 17B. Enrolment of elector with no fixed address if enrolled on Commonwealth roll 1 18. People not entitled to vote and be enrolled 1 Division 2 — Register of electors 19. Register of electors 1 31. Arrangement with Commonwealth for single enrolment procedure 1 31A. Arrangement with Commonwealth for sharing of information to revise register of electors 1 31B. Arrangement with Commonwealth in relation to silent elector applications under s. 51B 1 34. Register of electors and other documents not invalid in particular cases 1 35. Public officers to give particular persons information to revise register of electors 1 35A. Electoral Commissioner may revise register of electors due to information received from Commonwealth or State 1 38. Regulation‑making power in relation to enrolment 1 40. Changes to register of electors 1 Division 3 — Enrolment 40A. When persons are enrolled 1 41. How persons may be enrolled 1 42. Form of claims 1 43. Claims of certain Cwlth electors to be taken to be in order 1 44. Essential parts of claims 1 44A. Enrolment of claimants and rejection of claims 1 45. Offences in relation to compulsory enrolment 1 46. Enrolment officer's functions in relation to entitlement of claimant considered insufficient or incorrect 1 Division 4 — Objections Subdivision 1 — To claims 47. Objections to claims 1 Subdivision 2 — To enrolment 48. Objections to enrolment 1 Subdivision 3 — Powers of Electoral Commissioner on appeal 49. Electoral Commissioner's powers 1 Division 5 — Miscellaneous 51. Removing repeated names and adjusting register of electors 1 51A. Persons who lack capacity to vote not to be on register of electors 1 51AA. Removal of name following declaration by SAT 1 51B. Silent electors 1 51C. Review of register of electors in relation to silent electors 1 52. Permitted alterations to register of electors 1 56. Registrar of Births, Deaths and Marriages to notify Electoral Commissioner of deaths in State 1 59. Electoral Commissioner to be informed about particular prisoners and detained persons 1 60. Changes to register of electors required due to information given under s. 56 and 59 1 61. General postal voters 1 62. Offences in relation to applications to be general postal voters 1 Division 6 — Accessing enrolment information 62A. Preparing register extracts for disclosure 1 62AA. Public inspection of register extracts 1 62AB. Disclosing particular information to members of Parliament and parliamentary parties 1 62AC. Disclosing particular information to persons other than parliamentary parties and members of Parliament 1 62AD. Disclosing enrolment information to government departments 1 62AE. Restricted use of information given under this Division 1 62AF. Restricted use of protected information given under this Division 1 Part IIIA — Registration of political parties 62B. Scope of Part 1 62C. Terms used 1 62CA. Membership requirements for qualification as eligible political party 1 62D. Register of political parties, Electoral Commissioner to keep etc. 1 62E. Applications for registration 1 62F. Variation of application, Electoral Commissioner may advise etc. 1 62G. Public notice of application to be given 1 62H. Registration of political party 1 62HA. Political party taken not to be registered for certain purposes 1 62I. Parliamentary party existing at 21 Oct 2000, registration of as political party 1 62J. Refusal of registration, grounds for etc. 1 62K. Amendment of register 1 62KA. Annual returns in relation to continued registration 1 62L. Cancellation of registration 1 62M. Public inspection and notice of register 1 62N. Review of decision under s. 62H, 62J or 62L 1 62O. False representation as to registration, offence 1 62P. Electoral Commissioner may request information from political party 1 62Q. Offences relating to information 1 62R. Certificate of Electoral Commissioner is evidence 1 Part IV — Elections Division 1 — Writs 64. General elections, issue of writs for 1 65. Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc. 1 67. Vacancy in Assembly, issue of writ for etc. 1 68. Writ deemed to be issued at 6 p.m. on day of issue 1 69. Form and content of writs 1 69A. When close of rolls occurs after issue of writ 1 70. Rules for fixing close of nominations 1 71. Rules for fixing polling day 1 72. Last day for return of writ, rules for fixing 1 74. Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc. 1 75. Advertisement of writ and other matters relating to election 1 76. Time fixed in writ, extending 1 Division 1A — Rolls for elections 76AA. Rolls for elections to be prepared 1 76AB. Altering or amending rolls after they are prepared 1 76AC. Supplementary rolls 1 76AD. Amalgamated rolls 1 76AE. Rolls not invalid in particular cases 1 76AF. Regulation‑making power in relation to preparing rolls 1 Division 2 — Nominations 76A. Who is qualified to be elected as member of Parliament 1 76B. Who is not qualified to be elected as member of Parliament 1 77. Rules about nominating candidates 1 78. Form and content of nominations 1 79. When returning officer may receive nominations 1 80. Grouping of candidates 1 80A. Lodging group claims with Electoral Commissioner 1 81. Nomination paper and deposit required for valid nomination 1 81A. Making and effect of party nominations 1 82. Withdrawing nominations 1 83. Nomination paper, effect of defects etc. in 1 84. Deposit by candidate, return or forfeiture of 1 85. Place of declaration of nominations 1 86. Close of nominations procedure for single member election 1 87. Close of nominations procedure for Council election where relevant number more than one 1 87A. Close of nominations, returning officer's other duties as to 1 88. Death of candidate after nomination 1 89. Failure and partial failure of election, when occurs and consequences of 1 Division 2A — Registration of how‑to‑vote cards 89A. How‑to‑vote cards 1 89B. When how‑to‑vote cards are suitable to be registered 1 89C. Applications to register how‑to‑vote cards 1 89D. Commissioner must register suitable how‑to‑vote cards 1 89E. Replacing registered how‑to‑vote cards 1 89F. Correcting errors identified by Electoral Commissioner in registered how‑to‑vote cards 1 89G. Cancelling registration of registered how‑to‑vote cards on request 1 89H. Nominating or changing accountable person for how‑to‑vote cards 1 89I. Publishing registered how‑to‑vote cards on Commission website 1 Division 3 — Procedural provisions about voting Subdivision 1 — Establishing places to vote 90. Appointing places in relation to voting 1 90A. Amending notices made under s. 90 1 90B. Certain buildings to be used for free 1 90C. Liquor not to be sold in licensed premises where people vote 1 90D. Officers and times to vote at mobile voting places 1 90E. Notice to be given in relation to mobile voting places 1 Subdivision 2 — Early voting days for elections 91. Rules for fixing early voting days 1 Subdivision 3 — Appointments and functions of persons in relation to holding an election 92. Returning officer's duties in relation to elections 1 92A. Electoral Commissioner and returning officers may appoint issuing officers 1 92B. Electoral Commissioner may give directions in relation to elections 1 92C. Appointing presiding officers and assistant presiding officers at polling places 1 92D. Substitute and assistant presiding officers 1 92E. Effect of failure to take poll if presiding officer is absent 1 92F. Appointment of scrutineers during polling 1 92G. Election campaign workers to have access to toilet facilities 1 92H. Responsibilities in relation to election campaign workers 1 92I. Returning officer may provide or require persons to wear identification 1 92J. Police at places to vote 1 92K. Candidate not to conduct election 1 Subdivision 4 — Requirements for places to vote 93. Duties for places to vote, ballot boxes and ballot papers 1 93A. Designated entrances for places to vote 1 93B. Returning officer to ensure separate voting compartments and pens or pencils are provided 1 93C. Ensuring access to rolls for elections 1 Subdivision 5 — Ballot papers 94. Providing ballot papers to places to vote 1 94A. Form and content of ballot papers generally 1 94B. Printing political party names on ballot papers 1 94C. Printing "Independent" on ballot papers 1 94D. Printing Council ballot papers 1 94E. Printing Assembly ballot papers 1 Division 3A — Voting Subdivision 1 — Entitlement to vote if person on roll 95. Person may vote if name on roll 1 Subdivision 2 — Polling places 96. Persons who may be at polling places 1 96A. Ballot box to be exhibited and sealed before voting commences 1 96B. When electors can vote at polling places 1 96C. Questions to be put to people claiming to vote at polling place 1 96D. Voting at polling place for person's district 1 Subdivision 3 — Absent and provisional voting at polling places 97. Term used: vote as a provisional voter 1 97A. Absent voting 1 97B. Provisional voting when required by officers 1 97C. Provisional voting when enrolled under s. 47 1 97D. Provisional voting when not on or removed from roll 1 97E. Provisional voting when name cannot be found on roll 1 97F. Provisional voting if record made that person has received ballot paper 1 97G. Provisional voting if person applies to enrol on day on which they intend to vote 1 97H. Declaration made under this Subdivision sufficient for elections that have same polling day 1 97I. Regulations about absent and provisional voting 1 Subdivision 4 — How to vote 98. Terms used 1 98A. Giving ballot papers to persons who have right to vote or who made declarations 1 98B. Method of voting at polling place 1 98C. How ballot paper is to be marked by voter for single member election 1 98D. Marking ballot paper for Council election where relevant number is more than one if at least 1 above‑the‑line square 1 98E. Voting in below‑the‑line‑squares or if no above‑the‑line squares 1 98F. Assisting particular voters to vote at polling place 1 98G. Person with physical impairment voting at place near polling place 1 98H. Spoilt ballot papers 1 98I. Rules for ballot boxes and rolls at close of poll 1 Subdivision 5 — Voting at mobile voting places 99. Persons who may be at mobile voting places 1 99A. When electors can vote at mobile voting places 1 99B. Voting at mobile voting places to be generally conducted consistently with voting at polling places 1 Subdivision 6 — Postal voting 100. Terms used 1 100A. Fixing day for commencement of postal application period 1 100B. Postal vote applications 1 100C. Dealing with postal vote applications 1 100D. Sending postal ballot papers 1 100E. Replacing postal ballot papers 1 100F. Informing political parties and candidates of postal voters 1 100G. Method of postal voting 1 100H. Return of postal ballot paper unopened by elector 1 100I. Assisting elector to vote by postal voting 1 100J. Offence to sign declaration as another person 1 100K. Postal voting in particular places 1 100L. Electoral Commissioner must store postal ballot papers until scrutinised 1 100M. Preliminary scrutiny of declarations relating to postal ballot papers 1 100N. Decisions in relation to postal ballot papers subject to review by Court of Disputed Returns 1 100O. Dealing with postal ballot papers 1 100P. Offences in relation to postal vote applications and applications to be general postal voter 1 100Q. Offences about influencing persons in relation to postal voting 1 100R. Offence about false statements in relation to postal voting 1 100S. Offences about marking postal ballot papers 1 100T. Offences about custody of documents 1 100U. Regulations about postal voting 1 100V. Electors enrolled under s. 47 who vote by postal voting taken to have made declaration 1 Subdivision 7 — Technology assisted voting 101. Terms used 1 101A. Electoral Commissioner may approve procedures for technology assisted voting 1 101B. Record of vote 1 101C. Independent auditing of technology assisted voting 1 101D. Scrutineers 1 101E. Counting of technology assisted votes 1 101F. Secrecy relating to technology assisted voting 1 101G. False or misleading statements in relation to technology assisted voting 1 101H. Protection of computer hardware and software 1 101I. Regulations relating to technology assisted voting 1 101J. How this Act applies in relation to technology assisted voting 1 101K. Electoral Commissioner may determine that technology assisted voting is not to be used 1 101L. Eligible electors enrolled under s. 47 who vote by means of technology assisted voting taken to have made declaration 1 Subdivision 8 — Visiting electors who need assistance 102. Application of Subdivision 1 102A. Issuing officer not to visit elector to take vote unless under Subdivision 1 102B. Visiting electors to take vote 1 102C. Giving electors ballot papers 1 102D. Method of marking ballot paper 1 102E. Dealing with envelope received under s. 102D 1 102F. Offence to sign declaration as another person 1 Subdivision 9 — Adjourning and postponing voting 103. Adjourning and postponing polling 1 103A. Voting after postponed or adjourned polling 1 Division 4 — Counting of votes (general) 134. Rules for conducting count of votes 1 135. Adjournment of count etc. to be announced 1 136. Ballot papers to be sealed in boxes before adjournment 1 Division 4A — Scrutiny and count (Assembly elections) 136A. Application of Division 1 137. Appointment of scrutineers 1 138. Scrutineers, submissions by etc. 1 139. Informal ballot papers defined 1 140. Elector's intention to be given effect 1 140A. Some ballot papers with non‑consecutive preferences can be formal 1 141. Counting places 1 142. Procedure for count of votes by assistant returning officers 1 142A. Counting postal, absent and provisional votes 1 143. Returning officer to ascertain number of votes for each candidate 1 144. Procedure for counting votes 1 145. Equal votes, procedure in case of etc. 1 146. When re‑count may be conducted 1 Division 4B — Scrutiny and count (Council elections) 146A. Application and construction of Division 1 146B. Rules about officers and counting places 1 146C. Appointment of scrutineers 1 146D. Scrutineers, submissions by etc. 1 146E. Informal ballot papers 1 146EA. Formal votes for individual candidates 1 146EB. Formal votes for groups 1 146EC. Treatment of ballot papers of electors who have voted above the line 1 146G. Procedure for count of votes by assistant returning officers 1 146H. Procedure for count of votes 1 146I. Procedure for count of votes by returning officers 1 146J. Re‑count, when may be conducted etc. 1 Division 5 — Declaration of poll and return of the writ 147. Declaration of poll and certification and return of writ 1 148. Election not to be questioned on certain grounds 1 149. Informality in election, Governor's powers as to 1 149A. Election of unqualified or disqualified person void 1 Division 6 — After the poll 149B. Term used: document 1 150. Dealing with statistical returns and rolls 1 151. Returning officer to provide other election material to Electoral Commissioner 1 152. Keeping election material 1 153. Disclosure or production of rolls used in election to candidates 1 154. Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted 1 155. Destruction of election papers 1 155AA. Election papers used for referendum etc., use of and destruction of afterwards 1 Division 7 — Voting to be compulsory 155AB. Terms used 1 156. Electors' voting obligations 1 156AA. Evidentiary certificate for s. 156 proceedings 1 Part IVA — Filling vacancies in the Council 156A. Terms used 1 156B. Vacancy in Council, Governor to be notified of etc. 1 156C. Electoral Commissioner's duties when informed of vacancy; nominations of candidates for vacancy being filled by re‑count 1 156D. Procedure at close of nominations if vacancy being filled by re‑count 1 156E. Vacancy being filled by fresh election, writ for 1 Part V — Disputed returns 157. Validity of election or return, how to dispute 1 158. Content of petition to Court of Disputed Returns 1 159. Return of writ, presumed date of 1 160. Security for costs, petitioner to give 1 161. No proceedings on petition unless it complies with law 1 162. Court's powers on petition 1 163. Court's functions in relation to status of roll and electors' entitlement to be included on roll 1 164. Bribery etc. by candidate or illegal practice, voiding election in case of 1 165. Illegal practice, Court to report to Electoral Commissioner 1 166. Delays and immaterial errors not to vitiate election 1 167. Court's decision is final 1 168. Copies of petition etc. to be sent to House affected 1 169. Costs 1 170. Security for costs, how to be dealt with 1 171. Other costs 1 172. Effect of Court's decision 1 173. Rules of Court for this Part 1 174. Election of MLC on re-count, application of this Part to 1 Part 6 — Electoral finance and disclosure of political contributions, income and expenditure Division 1 — Preliminary 175. Terms used 1 175AA. Electoral expenditure and when it is incurred in relation to election and capped expenditure period 1 175AB. Gifts 1 175AC. Recalculation of amounts under Part 1 175A. Interpretation of this Part 1 Division 2 — Agents 175B. Agent of political party, appointment of 1 175C. Agents of candidates 1 175CA. Agents of members of Council or Assembly 1 175D. Agents of groups 1 175DA. Agents of third‑party campaigners 1 175E. Appointing agents for political entities other than associated entities 1 175F. Agent of political party, registration of 1 175G. Agent of political party, appointment of has no effect if not on register 1 175H. Agent of political party, removing from register 1 175I. Agent of political party, evidence of appointment of 1 175J. No agent of political party, who has Div. 3 duties in case of 1 175K. Ending appointment of agents for political entities other than political parties and associated entities 1 Division 2A — Electoral funding 175LA. Terms used and interpretation 1 175LB. Higher reimbursement amount and lower reimbursement amount 1 175LC. Registered political party opting in and out of receiving higher reimbursement amount 1 175LCA. Non‑party candidates may opt in and out of receiving higher reimbursement amount 1 175LCB. Publishing information about who has opted in to receive higher reimbursement amount 1 175LCC. Entitlement to election funding reimbursement amount 1 175LD. Claim for payment, requirement for and making etc. 1 175LE. Electoral Commissioner to determine claims 1 175LF. Circumstances in which payment to be made 1 175LG. Amount paid not to exceed electoral expenditure 1 175LH. Payments to be made in respect of claims 1 175LI. Decision as to payment, revoking and re‑making 1 175LJ. Payments to be made in respect of candidate who died 1 175LK. Appropriation for payments under this Division 1 Division 2B — State campaign accounts 175LL. Terms used 1 175LM. State campaign accounts to be kept for electoral expenditure 1 175LN. Notifying Electoral Commissioner about State campaign accounts 1 175LO. Money in State campaign accounts 1 175LP. Electoral expenditure to be paid out of State campaign accounts 1 175LQ. Lodging annual returns in relation to State campaign accounts 1 175LR. Candidates to pay amounts out of State campaign accounts after candidate terminating events 1 175LS. Members to pay amounts out of State campaign accounts after member terminating events 1 175LT. Groups to pay amounts out of State campaign accounts after group terminating events 1 175LU. Political parties to pay amounts out of State campaign accounts after party terminating events 1 175LV. Third‑party campaigners to pay amounts out of State campaign accounts after campaigner terminating events 1 Division 3 — Disclosure of political contributions and other income 175M. Relevant details of political contributions 1 175MA. Disclosure of political contributions that are, or that are in combination, more than specified amount 1 175MC. Publication of information in notices on Commission website 1 175N. Political parties to lodge annual return of political contributions and other income 1 175NA. Associated entities to lodge annual return of political contributions and other income 1 175O. Candidates to lodge return of gifts received during disclosure period 1 175P. Groups to lodge return of gifts received during disclosure period 1 175Q. Third‑party campaigners to lodge return of gifts received during disclosure period 1 175R. Political contributions not to be accepted unless identity known, or believed to be known 1 175S. Reporting of political contributions under certain provisions required even if no details are required to be included in return 1 Division 3A — Prohibition on receiving foreign contributions 175SAA. Terms used 1 175SAB. Particular political entities not to accept foreign contributions 1 175SAC. Third‑party campaigners not to receive foreign contributions 1 175SAD. Recovery of foreign contribution 1 175SAE. False affirmation or information about being foreign donor 1 175SAF. Offence to enter scheme to receive foreign contribution not permitted under Division 1 Division 4 — Disclosure of electoral expenditure 175SAG. Term used: expenditure disclosure period 1 175SA. Return required for political party's electoral expenditure 1 175SB. Return required for candidate's electoral expenditure 1 175SC. Return required for group's electoral expenditure 1 175SD. Return required for third‑party campaigner's electoral expenditure 1 175SE. Reporting of expenditure under certain provisions required even if no details are required to be included in return 1 175SF. Two or more elections on one day, one return may be lodged in case of 1 Division 4A — Caps on electoral expenditure in relation to elections Subdivision 1 — Preliminary 175SG. Terms used 1 175SH. When incurring electoral expenditure is permitted in relation to election 1 175SI. Certain electoral expenditure taken to be incurred by or with authority of political party or group 1 Subdivision 2 — Expenditure caps for particular elections 175SJ. Expenditure caps for conjoint elections 1 175SK. Expenditure caps for Council elections not part of conjoint elections 1 175SL. Expenditure caps for elections in districts not part of conjoint elections 1 Subdivision 3 — Additional expenditure caps for political parties and third‑party campaigners 175SM. Expenditure caps for electoral expenditure on particular district 1 175SN. Expenditure cap in relation to candidates for Legislative Council 1 Subdivision 4 — Miscellaneous 175SO. Recovery of electoral expenditure not permitted to be incurred under Division 1 175SP. Offence to incur electoral expenditure not permitted under Division 1 175SQ. Offence to enter scheme to incur electoral expenditure not permitted under Division 1 Division 4B — Registration of third‑party campaigners 175SR. Particular third‑party campaigners to be registered 1 175SS. Third‑party campaigners register 1 175ST. Application to be registered 1 175SU. Decision and registration 1 175SV. Updating details on third‑party campaigners register 1 175SW. Cancelling registration 1 Division 5 — Miscellaneous 175T. Terms used 1 175U. Offences 1 175V. Payments due to State, recovery of 1 175W. Investigative powers for this Part 1 175X. Lodging incomplete disclosure documents 1 175Y. Extension of time to lodge annual return 1 175Z. Verifying information in disclosure documents 1 175ZA. Non‑compliance with Part does not affect election 1 175ZB. Amending disclosure documents and claims 1 175ZC. Public availability of documents under this Part 1 175ZD. Unincorporated party, proceedings against 1 175ZE. Public agencies to report on certain expenditure 1 175ZF. Regulations for this Part 1 175ZG. Annual report by Electoral Commissioner 1 Part VII — Electoral offences 179. Purpose of this Part 1 180. Term used: breach or neglect of official duty 1 181. Offence of bribery 1 182. Term used: bribery 1 183. Offence of undue influence 1 184. Term used: undue influence 1 185. Exception to what is bribery or undue influence 1 186. Disqualification for bribery or undue influence 1 187. Illegal practices defined 1 187A. Intentionally rendering person unable to vote etc. 1 187B. Electoral advertisement on internet, when publishing is an illegal practice 1 188. Offences and penalties for illegal practices 1 189. Gift etc. by candidate to club etc., offence in some cases 1 190. Electoral offences and punishments 1 191. False statement in electoral paper 1 191A. Misleading or deceptive publication 1 191B. Prohibition on distributing or publishing unregistered how‑to‑vote cards 1 191C. Registered how‑to‑vote cards with errors not to be published or distributed 1 191D. Presiding officer may inspect and confiscate documents in relation to how‑to‑vote cards 1 192. Prohibited acts in or near particular places to vote 1 192A. Loud speakers etc., use of during polling hours 1 193. Person not to conduct petitions, polls or surveys at polling places and mobile voting places or in voting areas 1 194. Failure to transmit claim for enrolment 1 195. Electoral Commissioner may require information for particular purposes 1 196. Employer to allow employee leave of absence to vote 1 197. Removing misbehaving persons from places to vote 1 198. Re‑entering places to vote after being removed 1 199. Incurring unauthorised electoral expense on behalf of a candidate 1 199A. Interfering with political liberty 1 200. Illegal practice committed indirectly etc., liability for 1 201. Attempt to commit offence 1 202. Evidentiary provision 1 205. Summary offences and time limit for prosecutions 1 206. The Criminal Code Ch. XIV not to apply to parliamentary elections 1 Part VIII — Miscellaneous 206A. Persons who lack capacity to vote 1 206B. Revoking lack of capacity notice 1 207. Who may witness signatures and take declarations 1 208. Service of notices 1 209. Electoral papers sent by post, deemed service of 1 210. Electronic communication of electoral matter permitted 1 211A. Certain documents may be transmitted electronically 1 211. Person unable to write may make mark 1 212. Forms, compliance requirements 1 213. Regulations generally 1 213A. Regulations affecting certain candidates 1 Part 9 — Transitional provisions Division 1 — Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 215. Terms used 1 216. Vacancies and representation in Legislative Council 1 217. Continued registration of existing parties 1 Division 2 — Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023 Subdivision 1 — Transitional provisions commencing on day after Royal Assent of Electoral Amendment (Finance and Other Matters) Act 2023 218. Terms used 1 219. Pre‑commencement registered parties opting in to receive higher reimbursement amount 1 220. Elected non‑party members opting in to receive higher reimbursement amount for next election after amount change day 1 221. Independent candidates may opt in to receive higher reimbursement amount for next post‑change election 1 222. Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day 1 223. Publishing information about who has opted in to receive higher reimbursement amount 1 Subdivision 2 — Transitional provisions commencing on 1 July 2024 224. Terms used 1 225. Former provisions apply if election occurring at commencement 1 226. Persons on rolls before commencement taken to be enrolled on register of electors on commencement day 1 227. Claims for enrolment before commencement 1 228. Enrolment before commencement day taken to be entry of name on register of electors 1 229. Pre‑commencement arrangements made under former s. 31, 31A and 31B continue 1 230. Silent electors 1 231. Registration of general early voters continues as general postal voters 1 232. Approved procedures for technology assisted voting 1 233. State campaign accounts 1 234. Transitional regulations 1 Division 3 — Transitional provisions for Electoral Amendment (Names of Registered Political Parties) Act 2024 Subdivision 1 — Preliminary 235. Terms used 1 236. Application of s. 62J(6) to (6C) 1 Subdivision 2 — Name of political party that applied for registration before commencement day 237. Dealing with ongoing application if name or abbreviation contains relevant word 1 238. Process if applicant requests variation of ongoing application to change name or abbreviation 1 239. Refusal of registration 1 240. Review 1 Subdivision 3 — Name of political party registered before commencement day 241. Earlier registered word and earliest registered party 1 242. Party registered before commencement day with earlier registered word in name or abbreviation 1 243. Process for application to change registered name or registered abbreviation under s. 242(3)(b) 1 244. Cancellation of registration 1 245. Review 1 Subdivision 4 — Miscellaneous 246. Application of offence under s. 62Q(1) 1 247. Electronic transmission of documents 1 248. Electoral Commissioner to act expeditiously and complete required processes by 17 January 2025 1 249. Division does not affect operation of s. 62H(3) or 62L(6) 1 Schedule 1 Counting of votes at Council elections Schedule 2 Ballot procedure Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Electoral Act 1907 An Act to regulate parliamentary elections and for related purposes. [Long title amended: No. 64 of 2006 s. 12.] Part I — Preliminary 1. Short title This Act may be cited as the Electoral Act 1907. 2. Commencement This Act shall come into operation on 1 March 1908. [3. Deleted: No. 10 of 1998 s. 76.] 4. Terms used (1) In this Act, unless the contrary intention appears — above‑the‑line square, in relation to a ballot paper for a Council election, means a square that is printed on the ballot paper under section 94D(6)(b)(ii); absent voter means any person who votes under section 97A(2); accountable person, for a how‑to‑vote card, means — (a) the person who is named under section 89C(4)(d) in the application for the how‑to‑vote card; or (b) the person who is the accountable person for the how‑to‑vote card under s