Elections Acts Amendment Act of 1905 (5 Edw VII No. 1) (Qld)

8700 ELECTIONS. Elections .dcts Amendment. 5 Enw. VII. No. 1, ELECTIONS. 5 Edw. VII. An Act to Amend "The Elections Acts, 1885 to No. I. 1898." THE ELECTIONS ACTS [ASSENTED TO 25TH JANUARY, 1905.J B AMENDMENT ACT OF 1905. E it enacted by the King's Most Excellent Majesty" by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same,. as follows :- Short title and 1. This Act shall be read as one with "The Elections ocof nAstcrtu.ction a A n c d ts m , 1a8y85be to c1it8e9d8t"o * ge(thheerreiwnitchaltlhedosteheACcotsnsaosli " d T at h ed e A E c l t e s c ), - . tions Acts, 1885 to 1905," or separately as "The Elections Acts Amendment Act of 1905." PART 1.- GENERAL. Parts of Act. PART I.-GENERAL. 2. This Act is divided into Parts as follows : - PART I.-GENERAL; PART H.-AMENDMENTS CONSEQUENT ON THE ALTERATION OF THE FRANCHISE; PART HI.-VOTING BY POS'l'AL BALLOT; PART IV.-TEMPORARY PROVISIONS. Operat.ion of 3. Parts H., HI., and IV. of this Act shall not Act. apply to the election of a new member to fill any vacancy occurring in the Assembly prior to the first day of January, one thousand nine hundred and seven, unless the present Padiament is sooner dissolved. Save as aforesaid, this Act shall come into operation on and from the passing thereof. Amendment 4. In section five of the Consolidated Acts the AoCfoct s ns . s.o 5 liodfated fEolleloctwoirnagl Rweogrdisstraarre," andadmedeltyo: t"hTe hdeeftienrimtiownhoefne"vPerrinnceicpeas- l sary includes his deputy." In the said section the definition of " Naturalised subject" is repealed, and the following definitions are inserted :- "Naturalised subject "--A person who has been naturalised in the U iiited Kingdom of Gteat Britain * Principal Act printed with all amendments as 3. Consolidated Act, supra, page 7493.

1905. ELECTIONS. Elections Acts Amendment. 8701 PAR'F 1.- GENERAL. and Ireland, or who is or is deemed to be naturalised under the Act of the Oommonwealth intituled the NaturalizationAct1903.* . " Postmaster "-The officer or person in charge of a post office or post and telegraph office, or any person in the employment of the Commonwealth authorised by the Postmaster-General to act under this Act as a postmaster. In the said section the definition of "Local Autho- rity" is repealed. 5. In section ten of the Oonsolidated Acts the words Amendment "to perform the duties hereinafter mentione.d" are oCfosn. s I o ~ hdoafted repealed, and the words "who shall be responsIble for Acts. the execution of this Act throughout Queensland" are inserted in lieu thereof. After the fourth paragraph of the said section, the following provisions are inserted :- "He may require any original claim, or a copy of any list, notice, or other document, to be sent to him by any electoral registrar. He may from time to time make or cause to be made such corrections of verbal errors in any roll as may be found necessary." 6. Subsection one of section eleven of the Oonsoli- Amendment Id.lalsteerdteAdc' II t I sl1'iesu rtehpeeraeloefd:, - and the following subsection is ° Acfoc s nts . s.o 11~ 1 dOf a t~ " - > '" . "(1.) The Registration Court shall be constituted by such two or more justices of the peace as shall meet for the purpose: Nevertheless the Oourt shall be constituted by two or more justices resident in the District if such justices are present. If a .T udge or Orown prosecutor of a District Court is present, such Judge or Crown prosecutor shall, by virtue of his office, be a member of the Court. It shall be the duty of any such Judge or Crown prosecutor to attend the Oourt if required by the Mini!"ter so to do." Subsection four of the said section is repealed. 7. In the first paragraph of section forty-four of the Amendment Oonsolidated Acts the words "such person being at the ~ f s. 4t;ft d time of his appointment registered as an elector of the A~ ~: ~ 1 a e Electoral District for which he is to act" are repealed. if< No, 11 of 1903 Commonwealth Statutes, Vol. n., page 91.

8702 PART 1.- GENERAL. ELECTIONS. Elections A.cts A.mendment. 5 Enw. VII. No. 1, In the third paragraph of the said section the words "SO qualified" are repeale~. Amendment 8. The proviso to section eighty-seven of the Con- ' C 0£ onss. o8l7id o at f ed solidated Acts is repealed. Acts. PART II.- PART II.-AMENDMENTS CONSEQUENT ON THE ALTERATION AMENDMENTS CONSEQUENT OF THE FRANCHISE. . ON THE ALTERATION OF THE 9. The following amendments are made in the Con- FRANCHISE. solidated Acts ;- (1.) Section six is repealed, and the following section is inserted in lieu thereof;- Persons entitled to Tote. [6.J Subject to the disqualifications hereafter set out, all persons not under twenty-one years of age whether male or female married or unmarried- (a) Who have resided in Queensland for twelve months continuously, and (b) Who are natural born or naturalised subjects of the King, and (0) Whose names are on the Electoral Roll for an Electoral District of Queensland, shall be entitled to vote at the election of Members of the Assembly for such Electoral District; Provided that any elector qualified by residence as aforesaid in an Electoral District, who- (a) Has a freehold estate in possession situated in another Electoral District of the clear value of one hundred pounds sterling money above all charges in any way affecting the same; or (b) Has a leasehold estate in possession situated in another Electoral District of the annual value of twenty pounds sterling money per annum which at the time of making the application as hereinafter provided has not less than eighteen months to run; may make application in writing to the electoral registrar of the District in which such estate is situated that the name of such elector shall b~ transferred from the roll for the District in which he resides to the roll for the District

ELECTIONS. 8703 PART II.- 1905. Elections Acts Amendment. AMENDMENTS CONSEQUENT ON THE in which such estate is situated. The said electoral regis- ALT O E F R T A H T E ION trar, upon being satisfied of the facts stated in the appli- FRANCHISE. cation, shall forthwith enter the name of such elector in such roll, and shall give notice of the transfer to the electoral registrar of the District in which such elector resides, and the last-mentioned registrar shall forthwith upon the receipt of such notice erase the name of ~ mch elector from the roll for the District in which he resides. Upon such transfer being made, such elector shall be entitled to vote at the election of Members of the Assembly for the District in which such estate is situated, instead of for the District in which he resides. (2.) Section seven is repealed, and the following section is inserted in lieu thereof:- [7.J No person who is of unsound mind, and no person Disqualifica- attainted of treason , or who- tions. Has been convicted and is under sentence or subject to be sentenced for any offence punishable under the law of any part of the King's dominions by imprisonment; or During six months immediately preeeding the sitting of the Registration Court, or the holding of the election, has been imprisoned without the option of a fine for an aggregate period of one month; or During one year immediately prior to the sitting of the Registration Court, or the holding of the election, has been convicted of being an habitual drunkard, or has been convicted of drunkenness twelve times, or has been convicted of being an idJp. and disorderly person, or an incorrigible rogue, or a rogue and vagabond; or Has against him an unsatisfied order of any court for the maintenance of his wife or children (whether legitimate or illegitimate); or Has been convicted of having committed an aggravated assault upon his wife within one year; -shall be entitled to be placed upon any electoral roll or to vote at any election of Members of the Assembly. No aboriginal native of Australia, Asia, Africa, or the Islands of the Pacific shall be entitled to have his name placed on an Electoral Roll.

8704 ELECTIONS. PARTII.- AMENDMENTS CONSEQUENT Elections Ar;ts Amendment. 5 EDW. VII. No. 1, ON THE ALTERATION OF THE No person who is an inmate of any public charit- FRANCHISE. able institution for the reception maintenance and care of indigent persons other than a hospital established unde1· the Statutes relating to hospitals shall be entitled to vote· at any election of Members of the Assembly. (3.) Section eight is repealed, and the following section is inserted in lieu thereof:- One adult [8.J No person shall be entitled to vote more than one vote. once at the same election. No person shall be entitled to vote in respect of more than one Electoral District notwithstanding the fact that his name is on more than one Electoral Roll. Amendment (4.) In section thirteen the words "adult males of of s. 13. twenty-one years and upwards" are repealed, and the words "adult males and females of twenty-one years and upwards, and of all marriages of female electors" are- inserted in lieu thereof. Amendment (5.) In the first paragraph of section fourteen the of s. 14. words "to have no qualification or to be disqualified without having acquired another qualification in respect of which he is entitled to remain or become an electoru, are repealed, and the words "to be disqualified" are- inserted in lieu thereof. The last paragraph of the said section is repealed. Amendment (6.) In section fifteen the words "or to have no· of s. 15. qualification," also the words "and the words 'changed qualification from this division,' or' changed qualification to this division,' or 'changed qualification within this division or District,' as the case may be, against the name of every person who is believed, 01' reported as aforesaid, to have so changed his qualification within the District ". are respectively repealed. Amendment (7.) The tabular part of the form in sections sixteen,. aoCnfodsnss 3 . o 3 1li6od, fa2te1d, itwngentatyb-loenies, raensdpecthtiivrteyly- thsurebestiistutreedpetahleedr, efaonrd:- the follow- Acts. SUrname and Christiall Name. Place of Residence. Occupation. ..; ' " " -_. - - - _ . I Situation of Freehold or Leasehold for which Elector's Name is Transferred. B rown, William M. 321 George street, I .Brisbane I S mitb, Mary F·193Grosvenorcres- I cent, Brisbane Clerk Allot. 10, section 5, parish of North Brisbane Music teacher ... Date when Claim received by Electoral Registrar. 4 Aug., 1903' 17 Sept., 1904

ELECTIONS. 8705 PART II.- 1905, Elections Acts Amendment. AMENDMENTS CONSEQUENT ON THE (8.) In subsection one of section twenty-three, after AL; : ~~ ~ ON the word "disqualified," the words "or the words changed FRANCHISE. reSl' dence from t,h I ' S dI' V.lsl.O"n are I.nserted. oAfms. en 2 d 3 m . en't Subsection lA is repealed. In supsection three the words "or address or abode -of any person included therein, or the nature or local description of his qualification" are repealed; and the words "of any person included therein, or the local description of such person's residence or freehold or lease- hold property. '1'he Court shall make any alteration in the surname of a, female elector which has become necessary by reason of her marriage" are inserted in lieu thereof. Subsection four is repealed, and the following pro- vision is inserted in lieu thereof:- (4.) In the case of any person whose name appears on any roll as being an elector in another division of the District, and as to whom the Court is satisfied that the residence of such person has been changed from such other divi- sion of the District to that which is assigned to the Court, the Court shall insert such person's name in the list. In the case of any person whose name appears on any roll, and as to whom the Court is satisfied that the residence of such person has been changed within the division or District assigned to the Court, the Court shall alter the particulars of the place of residence so as to make the list conform to the facts of the case. Subsection seven is repealed. (9.) Section twenty-four is repealed, and the following Amendment provision is inserted in lieu .thereof :- of s. 24. [24.] No person shall be entitled to have his or her No person to . f noarmtheeensatemreed' Dm! · Sot· rreIctth;aannodnwceIwupnoenve'arnIyt aeplepcetaorrsatlolitshteoCr oliustrst ohmnaovcreeeohtnhisalnnisatmoer that any person is named more than once in an electoral roll. list for the same Dist.rict with identical particulars of qualification, one of such names shall be erased, and, if the particulars are not identical, then the Court shall retain that entry which upon inquiry appears to be the -correct entry. No person shall be entitled to have' his name on more than one Roll at one and the s~ me time.

8706 ELECTIONS. PART II.- AMENDMENTS CONSEQUENT ElectiOllS Acts Amendment. 5 EDW. VII. No. 1, ON THE ALTERATION OF THE (10.) The tabular part of the form in section twenty- FRANCHISE. seven is repealed, and the following table is substituted o A f m s. en 2 d 7 m . ent therefor:- II Situation of i Freehold or Date when l No. C S h u ri r s n t a ia m n e N a a n m d e. Sex. Place of Residence. Occupation. ' : ~i~ ~~ ~ ~~ [ g; s CblyaimEleRcetcoeriavle<t Name is Registrar. Transferred. - - --------- 1 Adams, James BRISBANE DIVISION. ... M. 71 Palmer street clerk 20 Sep., 1905 ..2 Adams, Susan 3 Cameron, John F. 71 Palmer street household duties ;, M. 29 EIston terrace. architect Musgrave road, Red Hill 4 Daly, Thomas M. Torres House, Bal- tailor moral street 5 Everett, Margaret ..• F. Littie street. all' typist Windsor road &c. &c. &c. &c. LAMINGTON DIVISION. 6 Adsett. John M. lEdward road, Laming- j0urnalist I ton 7 Baker,EdwardRobert M. Iota, near Burwood farmer 8 Childs, James 9 Dawson, Emily 10 Evans, Henry . /lc. M. Peterson street, Lam- joiner ington F. Selby House. George school teacher'l street,. Rurwood M. Langdale Downs grazier I &c. &c. &c. 4 Oct., 1905 25 Aug., 1905. 4 Jul., 1906 3 Oct., 1906· &c. 13 Jun.., 1906 29 Sep., 1907 1 Jul., 1906 3 Jan., 1907 4 Sep., 1906 &c. Amendment (11.)· The second, third, fourth, and fifth paragraphs of of s. 30. section thirty are repealed, and the following provisions are inserted in lieu thereof:- The claim must be in the following form or to the like effect, and must set forth in the form of answers to the questions contained in it sufficient facts to show that the claimant is entitled to be registered:- "THE ELECTIONS ACTS, 1885 TO 1905." CLAIM. To the Electoral Registrar of the Electoral District of Electoral Division of I hereby claim to have my name inserted in the Electoral Roll for the Electoral District of , and declare that my name and qualification are as appear by the answers to the following questions:- (1.) . WHAT IS YOUR CHRISTIAN NAME AND SURNAME? (2.) ARE You MALE OR FEl\fALE? (3.) A'RE You OF THE FULL AGE OF TWENTY-ONE YEARS? (4.) ARE You A NATURAL BORN SUBJECT OF THE KING? (5.) IF NOT, ARE You A NATURALISED SUBJECT OF THE KING P- (6.) WHERE IS YOUR PLACE OF RESIDENCE?

ELEOTIONS. 8707 1905. Elections Acts Amendment. (7.) WHAT IS YLlUR OCCUPATION? (8.) HAVE You OONTINUOUSLY RESIDED TWELVE MONTHS ? IN QUEENSLAND PART II.- AMENDMENTS CONSEQUENT ON THE ALTERATION OF THE FOR FRAN(JHISE. (9.) IF SO, IN WHAT PLACE OR PLA.CES ? (10.) Is YOUR NAME NOW ON THE ROLL ELECTORAL DISTRICT IN QUEENSLAND? FOR ANY STATE (11.) IF SO, FOR WHAT DISTRICT? And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the "Oaths Act of 1867." .,.' (Signed) A.B. Declared before me this day of , 19 J.P. [or as 'the case may be]. The ciaimant must, in answer to the questions "Where is your Place of Residence P" and " If so, in what place or places P" give such a description of the locality of the place of residence or the several places of residence, as the case may be, as will enable it or them to be easily and clearly identified. (12.) Section 30A is repealed, and the following section is inserted in lieu thereof:- [BOA.] Forms of claim may he provided by the Prin- Fo~ smaybe cipal Electoral Registrar. . . provlded. Every claim so provided shall have printed at. the foot Qr on the back a note in the following words, that is to say:- . . Directions to be observed in answering the Questions and fillin.'1 up the Olaim. (1.) Name.-The claimant's name must be written in full. (2.) In answer to the questions" Where is your place of residence?" and "If so, in what place or places?" the claimant must give such a description of the·· place or the several places of residence as will enable it or them to be easily and clearly identified. (3.) The claim must be signed by the claimant with his or her own hand, or, if the claimant cannot write, with his or her mark, and must in either case be declared before and attested by a Justice of the Peace, Electoral Registrar, Olassified Officer of the Public Service, Railway Station-master, 'Olassified Teacher of a State School, or an elector enrolled on the electoral roll of the District for which the claim is made. (13.) In section 30B, after the word" Olassified," the Elector may word "Male" is repealed, and after the words "State attest claim. School " the words " or an elector enrolled on the electoral

:8708 ELECTIONS. PART !I.- AMENDMENTS OONSEQUENT Elections Acts Amendment. 5 EDw, VII. No. 1, ON THE ALTERATION FRAONFCTHHIESE. roll of the District for which the claim is made" are inserted. Amendmoot (14.) In section 30E the words "in respect of the -of s. 30E. qualification of residence ., are repealed. Amendment (15.) The proviso to section forty is repealed, and the -of s. 40. following proviso is inserted in lieu thereof:- Provided as follows : - (a) No female elector shall be disqualified from voting under the name appearing on the roll merely because she has changed her surname upon marriaO o 'e , . (b) Any person whose name appears on the roll at the time of an election, and who is then subject to any of the disqualifications mentioned in section seven of this Act, shall be disqualified from voting; (c) Except in the case of electors who are by this Act entitled to vote in respect of a freehold or leasehold etsate, no person whose name appears on the roll for a District shall be entitled to vote at any election for such District unless at some time within seven months next before the election he has been bond fide resident therein for a period of one month. (16.) After section 43A, the following section IS inserted :- Option to members of Assembly. [43B.J Any member of the Assembly shall if he so desires be entitled to have his name placed on and retained on the Roll for the District he represents instead of the Roll for the District in which he resides. Amendment (17.) In section sixty-three the words" And if such -0£ s. 63. person claims to be an elector and to vote in respect of the qualification of residence the following additional ques- tions, that is to say" are repealed, and the words "And if such person claims to be a resident elector, the following additional questions, that is to say" are inserted in lieu thereof. In the fourth of the questions in the said section the words "two months" are repealed, and the words " one month" al',c inserted in lieu thereof.

1905. ELECTIONS. Elections Acts Amendment. 8709 PART IlI.- VOTING BY POSTAL BALLOT. PART IlL-VOTING :BY POSTAL BALLOT. 10. After section 78J of the Consolidated Acts, the following provisions are inserted :- [78K.] Any female elector who desires to vote through ApplicatIOn the post office and any male elector who on pollinO'-day for postal will be absent' from the District for which he is en~ olled ~:;i?Jcate. and who desires to vote through the post office, may, not later than the second day preceding pollin~ - day, apply to the returning officer for a postal ballot certificate. No such application by a voter who cannot write his or her own name shall be granted. Such application shall be in the following form, or to the like effect:- Application for Postal Ballot Certificate. To the Returning Officer, Electoral District of I [hm'e state name in full, place of residence, and occupation] do hereby declare as follows, that is to say:- 1. I am an elector enrolled for the Electoral District of and am now entitled to vote. 2. I reside at the above address, and have within the last preceding seven months been bona fide resident within the said Electoral District for a period of one month. Or [in the case oj a member oj the Assembl.1f u'ho is enrolled for the district he represents instead of the district in tchich he resides] I am enrolled as a member of the Legislative Assembly for the said Electoral District. . (This clause does not apply to electors who are enrolled in respect to freehold or leasehold property.) 3. I [in the case of a male insert] shall be absent from the Electoral District on polling-day, and therefore make this application to entitle 'mc to vote by postal ballot. 4. I request that the nece~ sary certificate and postal ballot-paper be forwarded to me at the above address [01' to (state other address where voter may be fonnd)]. (If' the application is made in person this clause need not be filled up.) (Signed) C.D. Signed in my presence and declared before me at this day of 19 A.B. [Returning Officer or J.P.] The application must be signed by t.he applicant with his or her own hand, in the presence.of and must be declared before and attested by the returning officer or a justice of the peace. Any false statement in this app'lication is punishable by a penalty not exceeding <one hundred pounds or by imprisonment, with or without hard labour, not exceeding <six months. D

8710 ELECTIONS. PART I1I.;- VOTING BY POSTAL BALLOT. Electio'Rs Acts .A.merltlment. 5 Enw. VII. No. 1, The application must be signed by the applicant with his or her own hand, in the presence of and must be- declared before and attested by the returning officer or a- justice of the peace, each of whom is hereby authorised to take such declaration: Provided that no justice who is a candidate at the- election or is a member of the Assembly shall be com--· petent to take or attest any such declaration. Any person who makes in any such application any statement which in any material particular is to his or her- knowledge false shall be liable to a penalty not exceeding- one hundred pounds or to imprisonment with or without hard labour for any period not exceeding six months. . Grant and form of certificate. [78L.] Upon receipt of the application the returning- officer, if satisfied that the name of the applicant is entered on the roll and that he or she is otherwise entitled to- vote, shall grant the certificate, which shall be duly endorsed upon an envelope, and shall be in the following- form:- No. on Roll Postal Ballot Oertifieate. ELECTORAL DISTRICT OF I certify that of is entitled to vote at the ensuing election for the Legislative Assembly. The vote must be posted to me on or before the of ,-19 day Dated the day of ,19 Signature of voter Returning Officer. on the day of in the ·presence of Postmaster [or Justice of the Peace]. Certificate [78M.] The returning officer shall deliver or cause to- abnaldlopto- psatapler. be sent to the voter- (a) The certificate endorsed upon an envelope; (b) An envelope addressed _to the returning officer- at the principal polling-place; and (c) A postal ballot-paper.

ELECTIONS. 8711 PART IIl.- 1905. Elections Acts Amendment. VOTING BY POSTAL BALLOT. Every postal ballot-paper shall be of such material that the voter may effectually conceal the name of the person for whom he or she has voted, and shall be in the following form:- I [Front Page.] [Second Page.] POSTAl, BALLOT-PAPER. How TO VOTE. INBTRUCTIONB- Below write the name of the candidate (i.) You must deliver to a postmaster or justice of the peace the postal ballot-paper and the two envelopes in the "ame condition in which they were i.sued. (ii. ) You must then sign your name upon you vote for. If two members are to be chosen you may write the name of one or the name" of two candidates. You may vote contingently if you choose to do so by writing the names one below the other to denote the order of your preference. the certificate, and the postmaster or justice of the peace must then and there attest your signature. (iii.) The postma.ter or justice of the peace must then deH ver the postal ballot-paper to you, but must retain the two envelopes. (iv.) You must then in the presence of, but not in the "ight of, the po.t- master or justice of the peace record your vote by writing on the second page of the hallot-paper the nAme of the candiilate or the names of the candidates for whom you vote. (v.) You must then fold up the ballot- paper so as to conceal the name or names of the candidate or candi- dates, and deliver it to the post- master or justice of the peace. (vi.) The postmaster or justice of the peace must then, without unfolding the ballot- papel', place it in the envelope which is endorsed with the certificate, and fasten up the envelope. (vii.) The postmaster or justice of the i peace must then place such I envelope in the envelope addressed i to the returning officer, and upon receipt from you of the proper postage stamps must in your pre- seuce affix them to the envelope. No elector who has received any such certificate shall be entitled to vote except by means of a postal ballot-paper. [78N.] 'fhereturning officer shall keep and number thCReturning appliBcaetfioornes tihnecIo . snssueecuotfivtehenubmalelroitc- aplaopredretro. t h e voter t h e l ? \ U f ' l a ! I t U l ~ 1 e 1 r o l t- p to p a a s p t e a r I ~ returning officer shall mark the same on the front page &c. thereof with his initials in ink or pencil, and shall write upon the certificate and also upon the back of the right- hand upper corner of the second page of the ballot-paper in ink or pencil the number set against the name of the voter in the roll, and the returning officer shall fold down the corner of the ballot-paper so as to entirely conceal the number so written, and shall securely fasten the fold with gum or otherwise in such a manner that the number cannot be discovered withou.t unfastening the fold.

8712 ELECTIONS. PARTIII.- VOTING BY POSTAL BALLOT. Election. Acts Amendment. 5 Enw. VII. No. 1, How vote reoorded. [780.J In the presence of any postmaster or justice of the peace within the State, and of no other person, the voter may, on or before the second day preceding polling- day, but not afterwards, vote in manner following and not otherwise :- (i.) The voter shall deliver to the postmaster or justice of the peace the postal ballot-paper and the two envelopes aforesaid, in the same con- dition in which they were issued. (ii.) The voter shall then sign his or her name upon the certificate, and the postma.ster or justice of the peace shall then and there attest the signature. (ill.) The postmaster or justice of the peace shall then deliver the postal ballot-paper to the voter, but shall retain the two envelopes aforesaid. (iv.) The voter shall then in the presence of, but not in the sight of, the postmaster or justice of the peace vote by writing on the second page of the ballot-paper the name of the candidate or the names of the candidates for whom the voter votes. (v.) The voter shall then fold up the ballot- paper so as to conceal the name or names of the candidate or candidates, and deliver it to the postmaster or justice of the peace. (vi.) The postmaster or justice of the peace shall then, without unfolding the ballot-paper, place it in the envelope which is endorsed with the certifi- cate, and shall fasten up the envelope. (vii.) The postmaster or justice of the peace shall then place such envelope in the envelope addressed to the returning officer, and upon receipt from the voter of the proper postage stamps shall, in the presence of the voter, affix them to the envelope. If the postmaster has attested the > vote, he shall forthwith post the vote in the post office. If the justice of the peace has attested the vote, he shall forthwith deliver it to the voter, who shall post it on the same day. (viii.) }'or the purposes of contingent voting the voter may write the names of the candidates or of any candi4~ tes upon the ballot-paper, one below the other, and the order in which the voter has so written the:n shall denote the order in, which the voter desires the vote or votes to be counted.' . ,

ELECTIONS. 8713· 1905. Elections Acts Amendment. PART HI.- VOTING BY POSTAL' BALLOT. [78p.] The postmaster or justice of the peace shall Postmaster not look at the name of any candidate for whom the voter vnootte. to look at votes. In any case where a postmaster has no letter stamp designed to show the name of the post office or receiving office with the date, the postmaster may, instead of stamping with the letter stamp and date where herein- before required, write in ink the name of the post office or receiving office and the date in figures together with his 01' her initials. [78Q.l The returning officer shall on all copies of rolls Returning issued by him for use at the election make a note against ~!~ ;; i!ue of the name of every elector to whom a postal ballot certifi- certificate. cate has been issued. If there is not time to conveniently note the facts Advice to aforesaid on the rolls, the returning officer shall immediately ~ ; ~ ! ~ ~ g advise all presiding officers of such issue in such manner as he thinks fit. A signature upon a postal ballot certificate purporting Evidence of to • be the signature of a voter shall, u • pon a scrutiny f, , v s ~ I t g e n r a t' S ure, & .,, n \... wIthout further proof be prima facie eVIdence that such voter voted at the election by postal ballot. The date upon such certificate purporting to be the date on which the voter's signature is attested shall upon a; scrutiny, without further proof, be prima facie evidence of the date on which the vote was recorded and posted. The number marked upon the back of the ballot-paper as aforesaid shall, upon a scrutiny, be prima facie evidence that such ballot-paper was issued to and used by the person to whom the postal ballot certificate bearing the same number was issued. [78R.] At the scrutiny the returning officer shall pro- Examination duce , unopened , all v6ters' envelopes received up to the vaontdesc. ount of close of the poll, and the outer envelopes shall be opened, and the enclosures shall be dealt with as follows:- (i.) The returning officer shall produce the voters' applications; (ii.) The returning officer, without opening the envelope endorsed with the certificate, shall compare the signature of the voter with the signature to the application, and allow the scrutineers who are present to inspect the same, and shall determine whether the signature on such envelope is that of the applicant. He shall also determine whether the vote was recorded and posted within the

8714 " PART IH.- VOTING BY POSTAL BALLOT. ELECTIONS. Elections Actc Amendment. 5 EDW. VII. No. 1, time prescribed, and shall disallow all votes which have not been so recorded and posted; (iii.) If the vote is allowed, the returning officer shall open the envelope and insert the postal ballot-paper in the ballot-box. He shall also forthwith attach the said envelope by gum or otherwise to the application relating thereto; (iv.) No postal ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed with the certificate dLuy stamped; (v.) If the returning officer disallows the vote, then the envelope endorsed with the certificate, unopened, and the application relating thereto shall be attached together by gum or otherwise, and shall be set aside for separate custody. Miitakes. [788.J Any mistake in spelling of the name of any candidate, where the intention of the voter is clear, shall not render such vote informal. It shall suffice, when no two candidates have the same surname, for the voter to write the surname only of the candidate for whom he votes. SaTing appeal [78T.J Nothing herein contained shall be deemed to ~ ri~ ~ e: ! i~ ns take away the right to appeal to the Elections Tribunal from the decision of the returning officer as to the allowance or disallowance of a postal ballot vote. Consequential 11. The following amendments consequent upon the amendments. establishment of voting by postal baUot are made in the Consolidated Acts :- Amendment (1.) After the first paragraph of section forty-seven, of s. 47. the following provision is inserted : - And, subject to this Act, the writ shall be returned not later than the day named therein, notwithstanding the fact that any votes of persons to whom postal ballot certificates have been issued, all hereinafter prescribed, have not then been received, examined, and counted by the returning officer. Amendment (2.) In section seventy-four the words "the presiding of s. 74. officer shall put to the person so secondly claiming to vote" are repealed, and the words "or if a person claims to vote by a ballot-paper when the presiding officer has been advised that a postal ballot-paper has been issued in respect of the same name upon the' roll, the presiding officer shall put to the person so secondly claiming to vote, or so claiming to vote by a ballot-paper," are inserted in lieu thereof.

ELECTIONS. 8715 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1905. ElelJtions Acts Amendment. VOTING BY POSTAL BALLOT. (3.) After the first paragraph of section eighty-two, Amendment the following provisions are inserted :_ of s. 82. Provided that when the returning officer has ascer- tained upon an examination and count of all the ballot- papers taken at the different polling-places, and of such postal ballot-papers as have then been received, examined~ <and counted by him, that the result of the election cannot be <affected by any votes given by any postal ballot-papers still to be received from distant places, he may at once declare the name or names of the person or persons elected. But he shall nevertheless, in manner hereinbefore prescribed, ·examine and count all votes contained in such postal ballot- papers received thereafter until the second day preceding the day named in the writ for the return thereof. Save as hereinafter provided, no envelope purport- Late postal ing to contain a postal ballot-paper received by him on votes. the second day preceding or on the day preceding the day named in the writ for the return thereof, or on or after :such day, shall be opened or examined by him, and no vote given thereby shall be counted; and he shall, in manner hereinafter directed, transmit all such envelopes, unopened, to the Clerk of the Assembly: Provided that when by reason of some iml)ediment the receipt of certain postal ballot-papers has been delayed, and the returning officer has reason to believe that votes given by such ballot-papers, when received, examined, and -counted, may affect the result of the election, he may -certify accordingly to the Governor or Speaker, as the case may be, and the Governor or Speaker may thereupon ·extend the time for the return of the writ, so as to permit such votes to be received, and such votes shall, when received, be examined and counted, and the state of the poll shall be then declared accordingly. (4.) In the second paragraph of section eighty-three, Amendmed .after the words "ballot-papers," the words "certificates of s. 83. .and applications" are inserted. PART IV.-TEMPORARY PROVISIONS. PARTlV.- TEMPORARY 12. As soon as may be after thp passing of this PRO:ISIONS. Act, every electoral registrar shall send by post to every ~ ~ : ; ~ ~ to -elector enrolled for· any qualification other than residence be required to 1 .r 01' any D I ' S t rl . C t or d I ' V " lslon 1 .r 0r w h l ' C I 1 SUC h e I ec t ora 1 regI . S t rar seelanidmisnbferfeosrhe is registrar, at the address of such elector, so far as the 14th July, registrar can ascertain it, a notice together with the 1905. prescribed form of claim. Such notice shall be also

8'116 PARTlV.- TEMPORARY PROVISIONS. ELECTIONS. Elections Acts Amendment. 5 EDw. VII. No. 1, accompanied by an envelope having written or printed thereon the words "The Electoral Registrar for the- District of at " Such notice shall be in the following form or to th6" like effect;- To A.B., of You are required to fill up the euclosed form of claim so as to show your qualification as an elector on the ground of residence in the Elec- toral District of , and to send it to me before the fourteenth" day of July next. If you possess no qualification of residence for this DiAtrict, but. possess a qualification 0.£ residence for some other Electoral District, you are required to fill up the enclosed form so as to show your qualification of residence and send it to the electoral registrar for that District befor& the fourteenth day of July next. If you do not send the claim before that day, your name will b& omitted from the Dew roll to be compiled under "The Elections Acts:- Amendment Act of 1905." C.D., Electoral Registrar for the Electoral District of Electoral list to be compiled. 13. Every electoral registrar shall in the months of July and August, one thousand nine hundred and fiver compile an electoral list for the purposes of this Act in respect of every District or division for which he is: registrar. He shall insert in that list the name and other- particulars of every person- (a,) Who is already enrolled for the qualification of residence; , (b) Who has made a claim showing a qualification- of residence; ( c) Who is personally known to the electoral registrar to possess the necessary qualificatioD- of residence; and (d) Whose qualification of residence is proved by- some other person, personally acquainted with the facts, by declaration under the "Oaths Act of 1867" delivered to the electoral registrar before the thirty-first day of July, one thousand nine hundred and five. The electoral registrar shall not insert any other names. in such list. He shall write a~ aiflst the name of every person whose name is inserted in such list the letter E, C, K, or D,. according as the name was inserted as that of an existing- elector qualified by residence, or upon the receipt of a.

1905. ELEOTIONS. Elections Acts Amendment. 8711' PART IV.- TEMPORARY PROVISIONS. claim from the elector, or upon the personal knowledge of the electoral registrar, or upon the solemn declaration of another person, respectively. Except as by this Act is otherwise provided, the electoral registrar shall, in compiling such list, be guided by the provisions of Part Ill. of the Consolidated Acts. 14. Such list shall be revised at the Court for revising Proceedings. athne d afinvneu, aalnldistths eheCloduirnt tmheayyecaarllonfoerthaonuysacnladI. mninoer h d uenc I darread- C a R t e o V ~ u I . r S t n . Io u n al tion received by the electoral registrar under this Act, and may examine the electoral registrar as to his knowledge of the qualification of any elector against whose name the letter K is set in the list. The chairman shall erase from such list the name of every person who does not appear to the Court to be entitled to vote. Except as herein oiherwise provided, the Court shall be guided by the provisions of Part Ill. of the Consolidated Acts. Such lists when revised shall become the Electoral Rolls for the several Electoral Districts for all purposes except the election of a new member to fill any vacancy occurring in the Assembly during the continuance of the present Parliament, and before the first day of January, one thousand nine hundred aud seven, and such rolls shall, from time to time as occasion requires, be added to, revised, and completed under the Consolidated Acts. But for the purposes of any such election as last aforesaid the existing rolls shall continue in force, and shall, from time to time as occasion requires, be added to, revised, and completed under the Consolidated Acts as amended by Part 1. of this Act, until there is no longer any possibility of any such election as aforesaid taking place, when they shall be superseded by the Electoral Rolls compiled under this Act. From and after the completion of the new rolls under thjs section, and until the first day of January, one thousand nine hundred and seven, all claims made by persons on the ground of residence shall be taken to be claims to be enrolled not only on the existing rolls but also on the said new rolls, and shall be dealt with accordingly. HOLIDAYS (BANK). See BANKS.