Ballot Act 1894 (SA)

ANNO QUINQUAGESIMO SEPTIMO E T QUINQUA-

GESIMO OCTAVO

'VICTORIZ REGINB.

A.D. 1894.

No. 606.

An Act to amend " T h e Ballot Act of 1862," being Act

No. 13 of	r 862, and for other purposes.
[Assented to, December zrst, 1894.1

HEREAS it is desirable to amend " The Ballot Act of 1862 " Pmable.

-Be it therefo~e Enacted by the Governor-ill-Chicf of South

Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in %his present Par- liament assembled, as follows:

1. This Act mav, for all purposes, be cited as The Ballot Act Title.

Amendment Act of 1894," and shall be wad and construed as one

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with L The Ballot Act of 1862." '

2. This Act shall only apply to elections to fill the office of AppIicationoi het.

mayor, alderman, councillor, or auditor, under The Municipal Corporations Act, 1890," or any Act passed in lieu thereof or amending the same, and also councillors and auditors under " The District Councils Act, 1887."

3, So much of section 7 of C C The Ballot Act of 1862 " as relates Repal.

to the corresponding number with the order of nomination inserted in the square opposite the name of the candidate, and so much of

the said Act as relates to the opening of the boxes containing the

voting-papers and examination of the same by the Returning Officer, and also the words '' fourteen days " in section 40 of '' The Municipal Corporations Act, 1890," shall be and are hereby repealed, and the words " seven days " are hereby snbstituted in section 40 of the Municipal Corporations Act for the words " fourteen daya " hereby

xepealed. 4. Any

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The Ballot Act Amendment Act.-1894. -

Any person who shall ham been enrolled as a citizan on the citizens' roll for any Municipality for at least six months, and whose name shall have been removed from the said roll through inadver- tence, shall be entitled at any time, except within seven&ays imme- diately preceding an election, upon making a declaration in the form or to the effect of the First Sohedule hereto, to have his name re- inserted on the citizens' roll for the said Municipality, and shall thereupon be entitled to the same rights as if his name had not been removed from the roll.

4.

L*inse*ion

tain namee OR of r o ~.

Penalty for false

statement in declara-	5, If any person shall wilfully make any false statement in any declaration made by virtue of sections 4 or 10 of this Act he shall be guilty of a rnisde&eanor, and be liable to imprisonment for m y period not exceeding two years.
tioa.
voting-papere.	6. The voting-papers shall be in the form of the Second Schedule hereto, and shall contain all the particulars therein required to be stated.

Time up to whioh	7.	It shdl bc! lawfill for any candidate to attend any meeting of
candidates may

attend metinge.

citizens held for electoral purposes not later than fortyeight hours

before the opening of the poll.

Ofeences at Elections. . -

Q$encw in re~pect of

voting-papere and 8, Every person who-

ballot boxes. (a) Forges or counterfeits any voting-paper, or the initials of the Returning Officer or Deputy Returning Officer thereon, or fraudulently destroys any voting-yapcr, or fraudu- lentlv obliterates or tamners with the initials of the ~ e t i m i n ~ Officer or ~ e p & Returning Officer on any voting-paper, or fra~xrhilently places any moss against the names of any candidate on any voting-paper, or fraudulently st,rikes out the whole or any of the aames

writes or stamps anything on any voting-paper, or gives of any candidate on any voting-paper, or fraudulently

out to any elector or other person any voting-paper, know-

ing the same, or the initials of the etur urn in^ Officer or Deputy Returning Officer thereon, to have been forged or

counterfeited, or the initials of the Returning Officer or Deputy Returning Officer on any such voting-paper to have been obliterated or tampered with, or a cross to have been placed against the names of any candidate on such voting-paper, or any of the names of any candidate thereon to have been struck out, or which contains any writing or stamp thereon except the initials of the R& turning Officer or Deputy Returning Officer; or

( b ) Without due authority supplies any voting-paper to any per-

son; or

(c) Delivers any voting-paper to any person, knowing snch per- son is not entitled to vote; or

d ) Fraudulently

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The Ballot Act Amendment Act.-- 1894,

(d). Fraudulently puts into, or causes to be placed in, any ballot box any paper other than the voting-paper which is authorised by law to be put therein; or

( E ) Pmudulently takes out of the polling-booth any voting-paper;

or

(f) Kefuses to deliver to the Returning Officer or Deputy Returning Officer, or his substitute, any voting-paper in his powsession, whether he shall have obtained such votinp

paper for the purpose of recording his vote or not; or

( g Wilfully destroys, takes, opens, or otherwise interferes with any ballot box, or any voting-papers intended for use, or in use, of having been used at any election, or in course of trmsmission by post 01: otherwise to the Returning Officer or Deputy Returning Officer:

Shall be guilty of a misdemennor, and if he is a Returning Officer, or Deputy Returning Officer, or his substitute, or an officer or clerk in attendance at a polling-booth, shall be liable to a, fine of not exceeding Twenty Pounds, or to iniplisonment for any term not exceeding two years, with or without hard labor; and if he is any other person, he shall be liable to a fine of Ten Pounds, or to im- prisonment for any term not exceeding six months, with or without hard labor. Ancl any attempt to commit any affencc specified in this section shall be punishable in the manner in which the offence itself is punishable.

9, In m y indictment o r other prosecution for an offence in Property maybe

relation to the ballot boxes or the voting-papers at an election, the Raturning Offiaer4

stated ae being in the

property in such boxes and voting-papers may be stated to be in the

Returning Officer at such election.

10. The 'Deputy 1Eet:u.ning Officer shall, at the close of the poll Deputy Returning

or as soon as may be practicable thereafter, in thc ward where the votlng-paperaat Officer to count

elcction shall have bccn held, open all the ballot boxes containing close of eleation.

the voting papers delivered inat:nlch election, and shall examine th;

papers therein, and shall reject all voting-papcrs which shall contain crosses against the names of' a larger number of persons than are re- quired to be elected at any such election, or shall contain any matter or thing other than such names and crosses or such other descriptive matter relating to such election as set forth in the Second Schedule hereto, to ascertain the result of such poll, and shall make a declara- tion in the form or to the effect of the Third Schedule hereto, declaring the number of votcs cast for each candidate, and for which candidate or candidates, if more than one is required to be elected, the largest number of votes shall have been cast, and sign the same, and shall replace all the voting-papcrs delivered in at such election in the ballot boxes respectively, and duly lock and seal such boxes, which he shall forthwith transmit to the Returning Officer at the place of nomination for such election. The said declaration, and the keys of the ballot boxes, and a statement in writing, signed

by

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The Ballot Act Amendmefit Act.-1894.

by such Deputy Returning Officer, showing the number of voting- papers entrusted to him, and accounting for them under the heads

of voting-papers in the ballot boxes, unused, informal, and returned

votinppapers, shall as soon as practicable be delivered by the Deputy Returning Officer to the Returning Officer; and any Deputy Returning Officer who shall wilfully refuse or neglect to comply with the provisions of this section shall be liable to forfeit a sum not exceeding Twenty Pouiids to any person who shall sue for the same, together with full costs of suit: Provided that the voting- papers shall not be destroyed or mutilated within seven days after the day of election

D ~ h t i o n of poll. 11. Upon receipt of the aforesaid declaration of the Deputy Returning Officer, and statement as aforesaid, the said Returning Officer shall, in the presence of such scrutineers as shall then be present at the place of nomination, publicly declare the candidate or candidates who is or are elected, or he may appoint a day and hour, not being longer than three days thereafter, for publicly declaring the results of such election.

certh provieions to 12, Clauses 10 and 11 and the words "and so much of the said

of Act as relates to the opening of the boxes containing the voting-

Adelaide or&, except

on petition. papers and examination of the same by the Returning Officer" in clause 3 of this Act shall not apply to any Municipality or District Council other than the City of Adelaide until the Governor shall, on the petition of the council of any Municipality or District Council, declare, by Proclamation in the "~overnmeat Gmette, that the said clauses 10 and 11 and the above-mentioned portion of clause 3 shall apply to such Municipality or District Council.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

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The Ballot Act Amendmefit Act.1894.

SCHEDULES.

THE FIRST SCHEDULE.

I, A. B., of Caddress and occupation], hereby solemnly and sincerely declare ss

follows :-

l. My name was enrolled as a citizen for the Municipality of 9

to vote a t the polling-place in Ward, and it appeared in the copy of

the citizens' roll for that Municipality dated 18 .

2. My name was omitted from the said citizens' roll on or about 9

18, through inadvertence.

3. I am now living at , within the said Municipality, and

have been continuously resident in	Ward from the date when my
name was removed from the roll,

4. I am now resident in strcet, in Ward of

, and desire to be enrolled as a citizen of the said Municipality

and to vote at the polling-place at

5. To the best of my knowledge my name is not now on the said citizens' roll.

And I make this solemn dcclaration conacicntiously bclicving the same to be true.

Signature of the declarant, A. B.

Signed and declared by the above-named A. B., at this

h y of 18 , before me -

C. D., Justice of the Pcace.

THE SECOND SCHEDULE.

CITY OF ADELAIDE (or CORPOBATION OF T H E TOWN OF [as the

case may be]).

Form of Voting Paper for r inic&al Election, 18 , f o r the Election of [here state

whether the election is for mayor, alderman, councillor, or auditor, and, i f more

than one, the number to be elected].

[Here set out names of candidates in alpha6etical order, with a s p a r e opposite

to each name, as provided in " The Ballot Act of 1862.")

THE THIRD SCHEDULE.

MUNICIPAT, ]OLECTXONS-CITY O F ADELAIDE (or CORPORATION O F T H E TOWN

OF [as the case may Zie]).

I the undersigned, Deputy Returning Officer for Ward, within the

, at the municipal election held on the 18

do hereby declare that the voting for	in	w a r d
waa as follows-

[Here set out names of candidates and number of votes cast for each candidate].

and I further declare that [here set out names of candidate, or candidates v more than one repuired to be electea is or are the candidate for whom the largest number of votes were cast at the said election in the said Ward.

Dated this day of 18 .

, Deputy Returning Officer.

Adelaide: By authority, C. E. BBISTOW, Ctovement Printer, North-terrace.

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