Ballot Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

'VICTORIA?, REGINE,

A. D. 1862.

No. 13.

Alz Act to regulate Elections by Ballot.

[Assented to, 2 1st October, 1862.]

4 AS it is desirable that an uniform practice and mode of Prsamblo,

WHERE	public bodies-Be it therefore Enacted, by the Governor-in-Chief of
procedure should be observed i n all election8 for offices in the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Proviuee,
iu this present Parliament assembled, as follows :-

l. Whenever in any Act of the Parliament of the said Province, ~;;dipun~~$~~

i t shall be enacted or provided that any election for any office in s.2

any public body shall bc by ballot, such election shall, unless a	jd-
therein otherwise provided, be made under the provisiorrs of this Act; and for the purposes of this Act such first-mentioned Act shall be regarded as a Special Act.

S. This Aet may, for all purposes, be cited as ' C The Ballot Act Short title.

of 1862."

3. In the construction of this Act, and for the purposes thereof, Construction anit

the following terms shall have the respective meanings assigned to explanation,,

them as follows, that is to say-

Prescribed," used in reference to any matter, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act.

Returnin& officer" shall mean the person who shall, under the

proviaons of the Special Act, be appoihted to preside at any

U election,

election, and have the conduct and control of the pro-

ceedings thereat.

.

" Deputy returning officer" shall mean any person who, under the Special Act, shall be appointed to preside at any polling or voting place as the deputy or assistant ofathe returning officer.

"District," or '' electoral district," shall mean any town, dis- trict, ward, or other place for which, or for the representation of which, any election under the Special Act shall be had.

Election" shall mean any election by ballot authorized or pro-

vided for by the Special Act.

" Electoral roll," or " register of voters," shall mean the prescribed

list or roll of persons entitled to vote a t any election, and in

case of a ~ i i t r i c t Council shall mean the last assessment

book in force for the District.

" Elector" shall mean a person entitled to vote in an election

authorized or provided for by the Specid Act.

4. At erery election the returning officer, if it shall appear to hired and used as such booths, at the several polling-places of his district, and the same shall be so divided and allotted illto coni- partwnts as to the returning officer shall seem most convenient,

~ ~ ~ t l i ~ may be erected

Or hked for Uing

toter.	him expedient, may cause booths to be erected, or rooms to he
and shall, before the day fixed for taking of votes, cause to be
furnished, for the use of each booth, a copy of that portion of the electoral roll containing the names of persons entitled to vote at
mch voting place of the district, and shall under his hand certify
such copy to be a true copy.
praeide, and appoint

h~urniago ibwto . 5. The returning officer of each electoral district, in case no

depucestoFiaoat	means are prescribed for the appointment of a deputy returning
the voting lac ea.	officer, may appoint a deputy to act for him, and take the votes at each voting place: Provided that such deputy be appointed by
writing under the hand of the said returning officer.

~iijo-ent ofaomi-

nation, or o f voting, in 6, Where the proceedings at any election shall be interrupted or

caee oif riot.	obstructed by any riot or open violence, the returning officer, or
the deputy returniug officer, shall not for such cause terminate
the business, but shall adjouni the taking the votes at the par- ticular voting place at which such interruption or obstruction shall have happened, until the following day not being Sunday or a public holiday, and if necessary, shall further adjourn such voting, as the case may be, until such interruption or obstruction shaJl have ceased, when the returning officer or his deputy shall again proceed with the business of the taking the votes at the place at which the same respectively may have been interrupted or ob- structed, and the commencement of the voting shall be regulated
accordingly; and any day whereoo the voting shall have been so

adjourned,

adjourned, shall not as to such place be reckoned the day of taking

of votes a t such election, within the meaning hereof; and when-

ever the voting shall have been so adjourned by any deputy of,

any returning officer, such deputy shall forthaith give notice of

such atljourumcnt to the returning officcr, who slzall not finally

declare the state of the voting, or make proclnmation of the member

chosen, until the voting so adjourned a t suc l~ place s l d l have been

finally closed, and the boxes containing the votes delivered or trans-

mitted to such returning officer.

7. Tlie election at each v o t i n ~ place shall he held before the Proceedings on the

oflicer or deputy returning officer, and tllc votirlg a t every elc'tion.

election s l d l corumence at niile o'clock in the forenoon, and sllall &7 6 6 '44 S - 3

finally close s,t five o'cloclr i11 the afternoon of' tlic smlc day, and shall

be conducted in manner following, that is to say-Every elector entitled to vote, and who s l d l vote in the electioii, shall vote a t the voting place in tlie district or division in wliicll he shall be entitled to vote, and shall present hiinself' to the returning officer or deputy returning officcr a t such votil~g pl:icc, and state llis Cllristim and surname,. abode, profession, or occnpxtion, and the nature of his qualification, and the place where the property or qualification is.

situated: wllereupou the returning oficer or deputy returning officer shall place a imrk against the voter's name on tlie clcctoral roll or copy, arid lland to such voter a votillg- paper bearing the initials of the returning officer or deputy rct l~ming officer, ancl contaii~iug the Christian and surname of each eandidi~tc arranged in alphabetical order, according to such surrrsrllcs, and ii there are two candidates of the same surnanw, tlml according to the Christian name or names of such cadidates, md if t l w e :ire two candidates of the same Christinn and surname, theri according to tLe resideuce of such candidates arranged in like order, and every such voting paper shall have a square printed opposite to the name of each candidate, with a number corresponding with the order of nomiua- tiou ii~serted in such squnrc, and no other matter or tliilg shall be inserted in or on such voting paper; and there shall be provided separate upartmcnts, or places foriiling piwt of the polling booth, into which the voter shd l imnlediately and tllcre, alone and

in private, without intfa~uption, indicate the name of each candidate for whom he intciids to vote, by making a cross within the square opposite tlie name of' such cnndiclate, and slrnll then .fold the same pamper and immediately deliver it so fvlded to ihe retunling oflicer or to t5e deputy retunling officer, who shall forthwith publicly, arid without opening the same, deposit it in a box to be provided for that pnrpose; and no voting paper so deposited in any box shall, on any account be taken tlierefrom, uclcss in the prescnce of' scrutineers after the dose of thc election: l'rovidcd, that no voting paper shall bc received unless it be so folded as to render it iiupos- sihle for the returning officer, or any other person, to sec for what candidate a r candidates the vote is given; ailcl any voter wilfully infringing any of the provisious of tlds clause, or obstructing- the voting by any unnecessary delay in performing any act within

the

the pollidg booth or room, shall be deemed guilty of a mis-

demeanor.

Who are to remain in 8. The only persons who shall be allowed to remain within any

polling-booth.	polling booth or room s l d l be the clcctors about to vote, the returaing officer and dcputy returning officers, and the scrutineers, not exceeding two for each candidatc.
No inquiry of a voter

except as to his 9. No inquiry shall be permitted at any election as to the right

identity, whether he	of any person to vote; except only as follows, that is to saly-The
ha8 voted before an
the srtme election, and	returning cfficer or deputy returning officer may, or if required b i
as to qualification.	any two electors entitled to vote in the same electoral district,, sha 1 put to any voter at the time of his tendering his vote, and not after- wards, the following q?~estions, or any of them, or any prescribed
questions and no o t lm: -

Form of auestions to T-Are you the person whose mnle appears as A.B. in the register of voters now in force for this district (or town or ward, or as the case may be) [being registered therein fbr property described to be situated in (here s~ecifv the street or place described in the el-ectoral

SECOND--II~VC you alreadv voted at the present election for this district (or town br ward, or as the case may be)?

THIRD-Had you, at the time of being registered, the qudifica-

tion fbr 1v11ich you* name now stands in the register of voters for the (town, district, or ward of, as the case may be, specifying in each case the pnrticular~ of the qudification, as described in the register of voters), and are you still possessed of the same qualification? Are you of the age of twenty-one years?

Punishment for fdne	And no person required to snsnTer any of the said questions shall be permitted or qualified to vote until he shnll have answered the same, nor if he s21all have nrzswered the same in such a manner as
to show that he is not qualified to vote; and if any person shall wilfully make a. falsc answer to any of the questions aforesaid, hc shall be deemed guilty of a misdemearror, and may be indicted and
punished accordingly.
twice, or personating

anawer.

Punishment for voting 10. Every person who s M l vote n second time, or oEer to vote a

voters.	second time, a t the same election, for m y electoral district, or who shall personate any other person for the purpose of voting at such election, shall be guilty of a misdemeanor; and upon being thereof convicted, shall be imprisoned for any term not more than six calendar months, at the discretion of the Court who shall try such person.
Deputies to seal box

and voting papers and 11. Immediately before taking the votes, the returning officer or

deliver them forthwith

deputy returning officer shdl exhibit the ballot box empty; and

to returning ofticera.

each returning officer shall, immediately on thc close of the voting,

publicly

publicly close and seal the box containing the voting papers which have been taken at the voting place whereat he presided, and sllall, with the least delay possible, deliver or cause the same to be delivered to the returning officer of the electoral district; and any returning officer or deputy returning officer convicted of illegally tampering with the ballot boxes, s l d l be guilty of a misdemeanor, and be liable to pay a penalty of not less than Fifty nor more than Two Hundred Pounds, and to imprisonment until the same be paid.

12. The returning officer of each electoral district shall at the Names of persona electd to be declared

place of nomination, and as soon as may be pra~t~icable after the ,, ,,,

election shall have been held, in the mesence of two or more scsutineers, whereof each candidate may name one, open all the boxes containing the voting papers delivered in at s ~ c h election, and shall examiue the same, and shall reject all voting papers which shall contain crosses against the names of a larger number of per- sons than are required to be elected fit any such election, or shall contain any nitltter or thing other thau such names and crosses, and s l d l openly declare the general state of the votes at the close of the election, as the same shall Lave beell made u p by him frow the voting papers taken at the several voting places; and he shall at the same time and place declare the name of the person or persons who may have been duly elcctcd at s11cT1 election; and in the event of the number of votes being found to havc been equal for any two or more candidates, he shall by his casting vote decide which of the candidates shall be elected: I'rovided !hat rm returriilig officer shall Retu~nina offlcer not

to vote except in cme

votc at any election for the electoral district of which he is the return- of quality of T ~ + ~ ~.

ins officer, except in case of an equality of votes as aforesaid: Provided

also, that it shall and may bc lawful for any deputy returning

officer t'o vote at any election for the electoral district, i11 like manner

as if lie had uot been appointed and acted as such deputy.

13. All voting papers shall be destroyed by the yeturning officer vo t lw papera to be devtroyed by the

forthwith, after the declaration of the names of the persons duly rt-ing o%cer.

elected.

14. The following acts sElall be deemed and taken to be acts of What acts of shalt bribery bc deemed and

bribery and corruption on the part of any candidate, wllettier corn- corruption.

cap.

that is to say-the giving of money or any other article whatsoever,	mitted by socL candidate or by any agent authorized to act for him, :(l:e0.
cockades included, to any elector, with a view to influence his votc, or the holding o k to Lim aoy'promise or expectation of pofit, advancement, or enrichment in any sliapc, in order to infl~~ence his vote, or making use of any threat to any elector, or otherwise in- timidatin5 him in any nlanner with a view to influence his vote;
the treating of my elector, or the supplying him with meat, drink,
lodging, or horse or carriage hire, or conveyance by steam or other- wise, whilst. at such election, or whilst engaged in coming to or going from such election; the paymeut to any elect'or of any sun1 of moiley for acting or joining in any procession during such elec- tion, or before or after the same; the keeping open, or allowing to

X be

be kept open, any public-house, shop, boohh, or tent, or place of entertainment, whether liquor or refreshment of any kind be dis- tributed at such places of entertainment or not; thc giving of any dinner, supper, breakfast*, or other entertainment, at any place whatsoever, by a candidate to any number of electors, with a view of influencing their votes.

An of the above act^ 15. The commission of any one of the above-mentioned acts

to Lqualify. shall, on proof thereof, be held to render void the election of the person committing such act, and to disqualify him from being elected for the same office during the whole period that may inter- vene between the cornmission of the same and the time of the next periodical electiou.

Prineipalsb~und by 16. The acts of all authorized a p n t s of a candidate shall, in matters connected wj."ci elections, be hcld to be thc acts of their principal, provided that it shsll'be proved that such acts were committed with his knowledge or consent.

acts of their agcnte.

dots of bribery and

corruption by persons	17. If any of the above-inentioned acts, hereby declared to be not the autliorized azent of nnv candidate. the mrson so courdt- ting, or h a ~ i n g cornn~tted the&, shall be deemed guilty of a mis- demeanor, and may br ilkdictcd for such act as for a misdemeanor in the Supreme Court, ailcl punished with a fine not exceeding Two IIundrcd Pounds, or impAsonment not exceeding six calendar months, at the suit or on the plaint of Her Majesty's Attoruey or Advacate-General, or of any elector of the district wherein such. act of bribcry or corruption shall be allcged to have been committed.
not being the au-	acts of bribery and corruption, shall be eolnmitted by m y person
thorized agsnts.

Penalty on persona	18. If any person who shall have, or claim to have, any right to
receiving or offering

reward for voting or	vote in any election shall, directly or indirectly, ask, receive, or
withholdins vote.	take any money or other reward by may of gift, employ-
ment, or otlier reward whatsoever, for llimself or for any of his family or kindred, to give his' vote or to abatain from g&ng
his vote in m y such election; or if any person, by bimself, his frieuds, or by any person employed by him, shall, by any gift or
reward, or by any promise and agreement, or security for any gift
or rcward, procure any person to give hifi w t e in any such election,
or to abstain from giving the same, such offender shall, for such offence, forfeit the sum of Fifty Pounds sterling to the person who shall first sue for the same, to be recovered, with full costs, by action of debt in the Supreme Court.

!

No action against cm-

didate for costs or 19. No action, suit, or other proceeding shall be ~naintainable

expews ofelection, against any persons who may have been s candidate at any election for or in respect of any costs or expenses whatsoever in or about or

i relating to such election.

pmisioninthee~ent

of impediments of a 20. No election shall be held to be void in consequence solely of

formal naturo. any delay of the holding of such eiection at the time appointed, or

i	the
t

the absence of the returning officer, or any deputy returning officer,

or any error on the part of any returning officer or deputy returning officer, which shall not affect the result of the election, or of any error or impediment of n mere fornral nature; and within the period

of twenty days before or after the day appointed for the holding of

any election, it shall be lawful for the Governor, with the advice of the Executive Council, to extend the time allowed for the holding of such election, and to adopt or cause to be adopted such measures as may be necessary to remove any obstacle by which the due course of any election may be impeded, and to supply any deficiency that may otherwise affect the same.

2 1. The proceedings to recover any penalty under this Act shall &wveq of*endtie#@

be comnlenced within three calendar mouths from the commission of the offence; and the money arising from any such penalty shall, except as hereinbefore provided, after payment of the expenses attending the recovery thereof, be paid, one moiety thereof to the in- former, or person sueing for the same, and the other moiety thereof to Her hlajestv, for the public uses of the said Province and the

support of the v~overnment thereof.

2 2. This Act sEld not apply to the election of Members of the Aot not apply to 0- S- l

Legislative Council or House of Assembly of the said Province.	Legislative Council or
aoWe ofhIBemblJJ

I n the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor,

9- i

Adelaide : Printed by authority, by W. C. Cox, Government Printer, Victoria-square.