Elections Acts Amendment Act of 1943 (7 Geo Vi No. 31) (Qld)

72 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, ELECTIONS. '1 N GE o O . . 31 V . I. An Act to Amend "The Elections Acts, 1915 to THE ELECTIONS 1942," in certain particulars, and for other ACTS AMENDMENT ACT OF purposes. 1943. [ASSENTED TO 18TH NOVEMBER, 1943.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title I. This Act may be cited as "The Elections Acts and . Amendment Act of 1943," and shall be read as one with constructlOn. *" The Elections Acts, 1915 to 1942," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Elections Acts, 1915 to 1943." Amendment 2. In the first paragraph of section ten of the of s. 10. Principal Act the words "or any war in which His Majesty may engage before he ceases to be engaged in such first-mentioned war" are inserted after the words t" " The Elections Acts Amendment Act of 1940," " and the words" for all purposes of this Act," are repealed, and the words "for the purposes of all of the provisions of this Act excepting the proviso to subsection two of section lOA hereof," are inserted in lieu thereof. In the second paragraph of the said section ten the words "with the said Forces" are repealed and the words" in any capacity with or with any service forming part of the said Forces, including service" are inserted in lieu there-of. i N ann e sde w r l t sO e s d B. . lOA are i 3 n . seTrhteed foalflotewrinsgecsteicotniontes, n nuomf btehreedPlrOinAciapnadl AlOcBt, , namely:- Members of "[lOA.] (1.) Notwithstanding any other provision of tehnetitFloedrcteos this Act excepting sections eleven and 11A hereof, but vote. subject to the said sections eleven and llA, if- (a) A member of His Majesty's Naval, Military, or Air Forces serving with any unit; or * 6 G. 5 No. 13 and amending Acts. See v. 3, pp. 233 et 8~ q. t 4 G. 6 No. 15. See 1940 Sess. v .. p. 17910.

ELECTIONS. 1943. Elections Acts Amendment Act. (b) A discharged member of His Majesty's Naval" Military, or Air Forces living in Queensland, who is a natural-born or naturalised subject, has: lived within the Commonwealth of Australia for a continuous period of six months, and has lived in Queensland for a continuous period of three months (both such periods being, in the case of any such member or discharged member who is a naturalised subject, after naturalisation) and has lived in an electoral district of Queensland for a continuous period of one month immediately preceding the day on which he was enlisted~ appointed or called up for service with His Majesty's Naval, Military, or Air Forces, such member or discharged member shall, during the period after the passing of *" The Elections Acts Amendment Act of 1943," during which His Majesty shall continue to be engaged in war~ and for a further period of twelve months thereafter, be entitled to vote at any election as an elector. (2.) Except as hereinafter provided, any such member or discharged member who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector shall, during the period and further period during which he is so entitled, be deemed to be so entitled for the district in which he lived for the continuous period of one month immediately prior to his enlistment, appointment, or being called up for service with His Majesty's Naval, Military, or Air Forces: Provided that any such discharged member who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector and who, during the period or further period during which he is so entitled, has lived for a continuous period of one month in a district other than the district in which he lived for the continuous period of one month immediately prior to his enlistment, appointment, or being called up for service with His Majesty's Naval, Military, or Air Forces shall be deemed to be entitled to vote as an elector for such other district until he becomes qualified to vote for another district. (3.) This section applies and extends to any female enlisted, appointed, or called up for service in any capacity with or with any service forming part of His Majesty's Naval, Military, or Air Forces, including service as medical practitioner or nurse or masseuse or otherwise. * This Act. 73

'74 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, (4.) Nothing in this section or in sections 35B or 7lB of this Act, shall be construed as preventing any member or discharged member of His Majesty's Naval, Military, or Air Forces, or any female serving or who has served in any capacity with or with any service forming part of such Forces including service as medical practitioner or nurse or masseuse or otherwise, if duly qualified as an elector under this Act, from being enrolled upon an electoral roll for the district for which he or she is qualified for enrolment or from voting at an election as such elector so enrolled. (5.) Without prejudice to the provisions of any other section of this Act or of any regulation thereunder, or to the construction of any or eitner of them, in this section the term "election" includes any by-election or any adjourned election. Merchant JSeamen entitled to <vote. [lOB.] (1.) Notwithstanding any other provision of this Act excepting sections eleven and 11A. hereof, but subject to the said sections eleven and 11A, if any person- (a) Who, during the period from and including the third day of September, one thousand nine hundred and thirty-nine, to and including a date twelve months after the day upon which His Majesty ceases to be engaged in war, is or was employed in any capacity in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces; and (b) Who is a natural-born or naturalised subject, has lived within the Commonwealth of Australia for a continuous period of six months and has lived within Queensland for a continuous period of three months (both such periods being, in the case of any such person who is a naturalised subject, after naturalisation) and has a place of settled residence in Queensland at which he lives when not so employed, such person shall, during the period after the passing of*"TheElections Acts Amendment Act of 1943" during which His Majesty shall continue to be engaged in war, and for a further period of twelve months thereafter, be entitled to vote at any election as an elector. * This Act.

1943. ELECTIONS. Elections Ac,ts Amendment Act. 75> (2.) Except as hereinafter provided any person who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector shall, during the period and further period during which he is so entitled, be deemed to be so entitled for the district in which the place of settled residence in Queens- land at which he lives when not employed in sea-going service is situated: Provided that any such person who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector and who, during the period from and including the third day of September. one thousand nine hundred and thirty-nine, to and including a date twelve months after the day on which His Majesty ceases to be engaged in war, has ceased to be employed in sea-going service and thereafter has lived for a continuous period of one month in a district other than the district in which his settled residence in Queensland at which he lived when he was so employed is situated shall be ent.itled to vote as an elector for such district until he hflcomes qualified to vote for another district. (3.) Nothing in this section or in sections 35B or 7lB of this Act, shall be construed as preventing any person employed or who has been employed in any capacity in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces, if duly qualified as an elector under this Act, from being enrolled upon an electoral roll for the district for which he is qualified for enrolment or from voting at an election as an elector so enrolled. (4.) Without prejudice to the provisions of any other section of this Act or of any regulation thereunder, or to the construction of any or either of them, in this section the term "election" includes any by-election or any adjourned election." 4. The proviso to subsection two of section twenty- Amendment, one of the Principal Act is amended by inserting the of s./i21 (2)_ words" or any war in which His Majesty may engage before he ceases to be engaged in such first-mentioned war" after the words *" " The Elections Acts Amendment Act of 1940." " ... 4 G. 6 No. 15. See 1940 Sess. v., p. 17910.

76 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, New s. 35B inserted. Vote of member of the Forces or sea.ma.n. 5. The following section numbered 35B, is inserted after section 35A of the Principal Act, namely : - "[35B.] (1.) Subject to this section, any person entitled, pursuant to section lOA or section lOB of this Act, to vote as an elector at an election for a district may, between the hours of eight o'clock in the forenoon and six o'clock in the afternoon of polling-day, vote at any polling place. (2.) In every such case the person so claiming to vote shall make a declaration in the prescribed form before a presiding officer. Before a presiding officer permits a discharged member of His Majesty's Naval, Military, or Air Forces, or any female who has been discharged from service in any capacity with or with a service forming part of such Forces, including service as medical practitioner or nurse or masseuse or otherwise, or any person who has been discharged from his employment in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces, to make such declaration before him, such presiding officer shall require such discharged member, female, or person to produce his or her discharge. (3.) No person claiming to vote under this section shall receive a ballot-paper unless and until he or she has made the prescribed declaration to the satisfaction of the presiding officer, and has signed the said declaration, and has, if thereunto required by subsection two' of this section, produced his or her discharge to the presiding officer. (4.) The presiding officer shall then, as in other cases, give a ballot-paper to the person claiming to vote, but shall retain the envelope endorsed with the prescribed declaration. Every such ballot-paper shall be of such material and opacity that the voter may effectually conceal the name of the person for whom he has voted, and shall be in the prescribed form. (5.) The voter shall record his vote by writing on the second page of the ballot-paper the name of the candidate for whom he votes.

]943. ELECTIONS. Elections Ac,ts Amendment Act. 77 If the voter writes the names of more candidates than one upon the second page of the ballot-paper, one below the other, the ballot-paper shall not be rejected for that reason only, but the voter shall be deemed to have vote.d for the candidate whose name is first in the order in which such names are so written. (6.) When the voter has voted he shall not himself place the ballot-paper in the ballot-box, but shall deliver the same, folded up, to the presiding officer, who, without unfolding. the same, shall, in the presence .of the voter, place the ballot-paper in the said envelope, and after securely fastening the envelope shall place it aside for separate custody. (7.) Any person who wilfully makes a declaration under this section which is false in a material particular, shall be liable to a penalty not exceeding fifty pounds. (8.) Immediately at the close of the poll, the Duty of presiding officer shall sort all envelopes containing votes p~siding -recorded under this section under their proper electoral o cer. districts, and shall enclose all such envelopes for the same district in an outer envelope, and transmit the same, properly addressed, by post or otherwise, to the several returning officers of the districts for which the voters have recorded such votes. He shall also inform each such returning officer, if necessary by telegram, of the number of persons who voted under this section for the district concerned. (9.) The returning officer, on receipt of the outer Duty of envelope containing the envelopes in which th~ votes ~ ~: ~ ~ng are enclosed under this section shall, before opemng any envelope containing a vote, or allowing any other person to do so, number each such envelope in regular arithmetical sequence, beginning with the figure "1" and prefix each number with the letter" S." Thereafter he shall examine the declaration of the voter, and if it is in order and he is satisfied that the voter is a person entitled, pursuant to section lOA or section lOB of this Act, to vote as an elector, he shall open the envelope and without unfolding the ballot-paper, mark the same number, prefixed by the letter" S," upon the right-hand upper corner of the front page of the ballot-paper and fold it down and secure it with gum so that the number and letter are effectually concealed, and shall place such

78 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, ballot-paper in a ballot-box. He shall set aside for separate custody the envelopes immediately containing the ballot-papers. If the right to vote is not thereby established, he shall reject the vote, but shall not unfasten the envelope. He shall set the same aside for separate custody. No such ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed with the prescribed declaration. When the returning officer has dealt with all the envelopes in every packet which has been delivered on the same day, he shall open the ballot-box and count the votes as in other cases; and shall so proceed from day to day until all the ballot-papers have come to hand, or until the day on which no further ballot-papers are to be counted. Evidence of (10.) A signature upon an envelope endorsed with the sviogtneart' sure, prescribed declaration purporting to be the signature &c. of a voter, qualified as an elector under section lOA or section lOB of this Act, shall, upon a scrutiny, without further proof, be prima facie evidence that such voter voted at the election as an elector so qualified. The number marked upon the voter's envelope and ballot-paper as aforesaid shall, upon a scrutiny, be prima facie evidence that such ballot-paper was issued to and used by the person who signed the declaration upon such envelope." Amendment 6. In subsection one of section sixty-one of the ofs. 61 (I). Principal Act the words "subject to the provisions relating to contingent voting" are repealed. New s. 62A 7. The following section, numbered 62A, is inserted inserted. after section sixty-two of the Principal Act, namely :- Procedure " [62A.] (1.) Where any person claims to vote at a wlh~ re t f polling place as an elector or as a person entitled, c voatielllhaans or pursuan t t 0 sectI . On 10 A or sectI.On 10B o f th· IS Act, to mnoamdeinaation vote as an elector and- or been granted a postal vote (i.) Such person, if claiming as an elector, is noted on the copy of the roll certified by the certificate. returning officer and supplied to the presiding officer at such polling place; or

1943. ELECTIONS. Elections Acls Amendment Act. (ii.) Such person, if claiming to vote as a person entitled, pursuant to section lOA or section lOB of this Act, to vote as an elector, is noted on the aforementioned roll or on a list certified by the returning officer and supplied to the presiding officer at such place, as a person who has, pursuant to the regulations in that behalf made under this Act, nominated another person to exercise the right to vote for him at the election in question, or as a person who, pursuant to section 7lB of this Act, has been granted a postal vote certificate in respect of the election in question, the presiding officer shall not permit such person to record a vote unless and until he has- (iii.) Put to such person the prescribed questions; and (iv.) Such person has answered to the satisfaction of the presiding officer, and has signed the envelope endorsed with, such questions. (2.) The ballot-paper or, if the vote is recorded under section 35B of this Act, the envelope containing the ballot-paper on which any person hereinbefore mentioned in this section has recorded his vote shall not be deposited in the ballot-box or, in the case of such envelope, set aside with other envelopes containing votes recorded under the said section 35B, but every such ballot-paper and envelope shall, in the presence of the voter, be enclosed and securely fastened in an envelope endorsed with the questions put to the voter pursuant to this section and signed by him and such envelope shall be set aside for separate custody. Every assistant returning officer and presiding officer shall deal with envelopes set aside for separate custody pursuant to the foregoing provisions of this subsection in the same manner as ballot-papers set aside for separate custody are required by this Act to be dealt with by him. (3.) The returning officer shall, until the day preceding the day named in the writ for its return, hold in separate custody all envelopes set asid&, pursuant to subsection two of this section, for separate custody. If after examining the rolls and lists which have been used and marked by himself and the presiding officers at the several polling places, the returning 79

80 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, . officer is satisfied that any person who has, pursuant to this section, recorded a vote is an elector or a person entitled, pursuant to section lOA or section lOB of this Act, to vote and is further satisfied that such person has not voted at the election in question- (i.) By a person nominated to exercise the right to vote for him; or (ii.) By a postal vote certificate and ballot-paper issued to him pursuant to section 7lB of this Act, the returning officer shall, on the day preceding the day named in the writ for its return, proceed to allow and count the vote recorded, pursuant to this section, by such person. (4.) The returning officer shall set aside for separate custody all envelopes containing votes recorded under this section not allowed and counted by him pursuant to subsection three of this section. The returning officer shall deal with all envelopes so set aside for separate custody in the same manner as other ballot-papers set aside for separate custody are required by this Act to be dealt with by him, and no vote enclosed in any such envelope shall be allowed and counted except by order of the Elections Tribunal on a scrutiny. (5.) (a) If a person thereunto entitled pursuant to the regulations made in that behalf under this Act has nominated another person to exercise the right to vote for him at all elections or any which may be held after the making of such nomination, such nomination shall continue in force in respect of each such election unless a revocation in writing of such nomination has been received by the Principal Electoral Officer before the date of issue of the writ and, unless so revoked, shall be conclusive evidence of the right of the Principal Electoral Officer to issue a certificate or telegram of nomination. (b) Subject to satisfying himself that any person making a nomination is entitled to vote, the Principal Electoral Officer shall, in respect of every nomination not duly revoked before the date of issue of the writ, send to the person nominated a certificate or telegram .of nomination.

1943. ELECTIONS. Elections Ac.ts Amendrnent Act. 81 (c) The production to a presiding officer of a certificate or telegram of nomination by the, person named therein as nominated or, if authorised by such certificate or telegram, his deputy, shall be prima facie evidence of the authority of such person or deputy to exercise the right to vote for the person certified in such certificate or telegram of nomination as having made the nomination. 8. The following section, numbered 7lB, is inserted ~ew s. 7lB after section 7lA of the Principal Act, namely :_ mserted. " [71B.] (1). Subject to this section any member ofPos.tal His Majesty's Naval, Military, or Air Forces or any: : : ~ e~ ; of female serving in any capacity with or with any service the Forces forming part of such Forces including service as medical ;~~ ence practitioner or nurse or masseuse or otherwise Workers. entitled, pursuant to section lOA of this Act, or any person employed in any capacity in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces entitled, pursuant to section lOB of this Act, to vote at any election as an elector, or any elector employed in the Civil Constructional Corps, or employed under the authority or direction of the Allied Works Council or employed by, or in execution of a contract with, the Commonwealth of Australia for supplying munitions or for any other purpose of defence who is absent from Queensland, or who is about to leave Queensland on such service or in such employment, may apply at any time in the prescribed form for a postal vote certificate to vote at the next ensuing election. When such application is made prior to the issue of the writ for an· election it shall be lodged with the Principal Electoral Officer, but if made after the issue of a writ for an election, it may be lodged with the Principal Electoral Officer, or the returning officer, or an electoral registrar, or an assistant returning officer appointed by the Governor in Council to issue postal vote certificates under this section. An application shall not apply to an election in progress unless it has been received by an officer authorised to issue postal vote certificates before six o'clock in the afternoon of the day immediately preceding polling-day. (2.) Any person who, pursuant to section lOA or section lOB of this Act, is entitled to vote at an election as an elector and who is within the State may, after the

82 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, issue of the writ for an election and before six o'clock in the afternoon of the day immediately preceding polling-day, apply in the prescribed form to the returning officer, or any electoral registrar, or any assistant returning officer appointed by the Governor in Council to issue postal vote certificates under this section, for a postal vote certificate. Such application shall, in the case of a discharged member of His Majesty's Naval, Military, or Air Forces, or any female who has been discharged from any service hereinbefore mentioned in this section, or any person who has been discharged from his employment in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces, be accompanied by his or her discharge. (3.) Except as permitted by subsection nine of this section, 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 Principal Electoral Officer, or by the returning officer, or by an electoral registrar, or by an assistant returning officer authorised to issue postal vote certificates, or by an elector of the same district for which the applicant is qualified to vote, or by a duly qualified medical practitioner or qualified nurse who is in attendance on such applicant, or by a member of His Majesty's Naval, Military, or Air Forces, or by a female serving in any capacity with or with any service forming part of such Forces, including service as medical practitioner or nurse or masseuse or otherwise, or by a person employed in any capacity in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces, or by a resident engineer, personnel officer, supervisor, or foreman of the Civil Constructional Corps or of any project, undertaking or work under the authority or direction of the Allied Works Council, or by a manager, supervisor, overseer or foreman of a factory, annexe or works engaged in the production of munitions or any article required for the purpose of defence, each of whom is hereby authorised to take such declaration. (4.) Upon the issue of a writ for an election, the Principal Electoral Officer shall forward to the returning officer of each district the applications for postal vote certificates then lodged with him for the respective districts. Applications received by the Principal

1943. ELECTIONS. Elections Ac,ts Amendmen,t Act. Electoral Officer after the issue of the writ shall be forwarded by him .to either the returning officer, or an electoral registrar, or an assistant returning officer authorised to issue postal vote certificates as may be considered necessary to ensure the grant of a postal vote certificate with the least delay. (5.) Upon receipt of an application, the returning officer, or any electoral registrar (whether an electoral registrar for the district for which the vote is claimed or for any other district), or an assistant returning officer appointed by the Governor in Council to issue postal vote certificates under this section, shall, if satisfied that the applicant is enrolled or is, pursuant to section lOA or section lOB of this Act, entitled to vote as an elector, grant a certificate which shall be duly endorsed upon an envelope and shall be in the prescribed form. Notwithstanding anything hereinbefore contained in this section, such certificate shall not be granted to an applicant required by subsection two of this section to accompany his or her application with his or her discharge, unless such discharge accompanied such application or has been produced to the returning officer, or the electoral registrar, or the authorised assistant returning officer concerned. The returning officer on or after nomination day or an electoral registrar or an authorised assistant returning officer after the receipt of advice of the names of the candidates nominated shall deliver or cause to be sent to the applicant- (a) The certificate endorsed upon an envelope; (b) An envelope addressed to the returning officer of the district ; (c) A postal ballot-paper '; and (d) A list of the candidates nominated for the district with their party designations (if any). Every postal ballot-paper shall be of such material and opacity that the voter may effectually conceal the name of the person for whom he has voted, and shall be in the prescribed form but when issued shall not bear a postal ballot number. (6.) The returning officer and each electoral registrar and each assistant returning officer authorised to issue postal vote certificates shall keep a record in the prescribed form showing the prescribed particulars in respect of 83

84 ELECTIONS. Elections Acts Arnendment Act. 7 GEO. VI. No. 31, such certificates. He shall also endorse the application to the effect that a certificate has issued and sign the endorsement. An electoral registrar and an assistant returning officer as soon as practicable after the issue of a certificate shall forward to the returning officer of the district to which it relates the application together with a copy of the details contained in his record. Upon receipt of an application for a postal vote certificate under this section (including applications received from an electoral registrar or an assistant returning officer authorised to issue postal vote certificates), the returning officer shall number each application in regular arith- metical sequence, commencing with the figure " 1 " and prefix each number with the letters" SP." Such letters and number shall be referred to as the postal ballot number and shall be used as hereinafter provided. (7.) In the presence of any person qualified as hereinbefore in this section prescribed to witness and attest an application for a postal vote certificate under this section, the voter may, on or before polling-day, but not after six o'clock in the afternoon of polling-day, vote in the manner following, but not otherwise-- (i.) Except as permitted by subsection nine of this section, the voter shall sign his name upon the certificate, and the person before whom he or she is voting shall then and there fill in the correct date and attest the signature; (ii.) The voter shall then, in the presence of but not in the sight of the person before whom he is voting, or in the sight of any other person, vote by writing on the second page of the ballot-paper the name of the candidate for whom he votes, but a voter to whom subsection nine of this section applies may appoint any person present to write such name. The person appointed shall there and then and in the presence of the voter write upon the second page of the ballot-paper the name of the candidate stated or indicated by the voter, and, subject to satisfying the voter that he has done so, shall fold up the ballot-paper to conceal the name of the candidate and place it in the envelope endorsed with the certificate;

1943. ELECTIONS. Elections Ac,ts Amendment Act. (iii.) Every voter, except a voter to whom sub- section nine of this section applies shall, immediately he has voted, fold up the ballot- paper to conceal the name of the candidate and place it in the envelope endorsed with the certificate; (iv.) Every voter shall place or appoint another person present to place the envelope endorsed with the certificate and containing the ballot- paper in the envelope addressed to the returning officer, and post it to the returning officer, or post or deliver it to an assistant returning officer authorised to issue postal vote certificates for posting to the returning officer, or deliver or cause it to be delivered on polling-day before six o'clock in the afternoon to the returning officer or an assistant returning officer or presiding officer for the district. No person shall attest a postal vote except in the presence of the voter and at the place where the voter is voting. (8.) At the scrutiny the returning officer shall produce, unopened, all postal voters' envelopes. received by him by post or delivered to him or to an assistant returning officer or to any presiding officer for the district and every outer envelope which was- (a) Delivered on polling-day before six o'clock in the afternoon to such returning officer or to any assistant returning officer or presiding officer for the district; or (b) Received by post by such returning officer before six o'clock in the afternoon of polling- day; or (c) Received by post by such returning officer and on which the postmark clearly indicates that such envelope was posted on or before polling-day or which, if without a postmark, bears an endorsement by an assistant returning officer authorised to issue postal vote certificates or a commissioned or non- commissioned officer of His Majesty's Naval, Military, or Air Forces, or an officer employed 85

86 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces, that the vote was recorded before six o'clock in the afternoon of polling-day, shall be opened and the enclosure shall be dealt with, as follows:- (i.) The returning officer shall produce the postal voters' applications; (ii.) The returning officer without opening the envelope endorsed with the certificate, shall enter thereon the postal ballot number and 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; (iii.) If the vote is allowed, the returning officer shall open the envelope and shall without unfolding the ballot-paper, mark the postal ballot number upon the right-hand corner of the front page of the ballot-paper and fold it down and secure it with gum so that the number is effectually concealed and shall place the postal ballot-paper in the ballot-box. He shall also forthwith attach the said envelope by gum or otherwise to the applica- tion relating thereto; (iv.) No postal ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed with the certificate duly signed, attested, and dated under this Act; (v.) If the returning officer disallows a vote, then the envelope endorsed with the certificate unopened, and the application relating thereto shall be attached together with gum or other- wise and shall be set apart for separate custody. ' No outer envelope shall be opened at the scrutiny unless it was received by post or delivered as prescribed in paragraph (a) or paragraph (b) or paragraph (c) of this subsection and every such unopened outer envelope shall be set aside for separate custody.

1943. ELECTIONS. Elections Ac,ts Amendment Act. (9.) Any- (i.) Member or discharged member of His Majesty's Naval, Military, or Air Forces; or (ii.) Female serving or who has served in any capacity with or with any service forming part of such Forces, including service as medical practitioner or nurse or masseuse or otherwise, . who, at the time of making application pursuant to this section for a postal vote certificate, or at the time of signing such certificate is unable, by reason of wounds or illness, to sign with his or her own hand, may sign such application or certificate with his or her mark. Such signature with his or her mark shall be made in the presence of and must be declared before and attested by- (a) In the case of a member or female who is serving as aforesaid at the time of signing the application or certificate, another male or female member so serv1ng in the capacity of medical officer, medical or nursing orderly, or nurse; and (b) In the case of a discharged member of such Forces, or a female whose service has been terminated before the time of signing the application or certificate, a qualified medical practitioner or a qualified nurse who is in attendance upon such discharged member or female. A postal vote recorded pursuant to this section shall not be rejected at the scrutiny for the reason only that, in consequence of the application and certificate, or either of them, being signed with a mark, the returning officer is unable to determine, by comparing the respective signatures to such application and certificate, that the applicant and the voter are one and the same person. (10.) The Governor in Council may appoint such and 'so many persons as he shall think fit to act as assistant returning officers authorised to issue postal vote certificates under this section and, subject to the provisions of this section, every assistant returning officer shall, in respect of the issue of such postal vote certificates, act as and be deemed to be an assistant returning officer so appointed for all districts. 87

88 ELECTIONS. Elections Acts Amendment Act. 7 GEO. VI. No. 31, 1943. (11.) Subject as provided in this section, the provisions of section seventy-one of this Act shall, mutatis mutandis, apply and extend to and with respect to voting under this section. Amendment 9. Subsection five of section seventy-one of the of s. 71 (5). Principal Act is amended by repealing the words "a female serving with such Forces," and by inserting the words" or a female serving in any capacity with or with any service forming part of such Forces, including service," in lieu of such repealed words. Amendment 10. Subsection one of section one hundred of the Of9. 100 (1). Principal Act is amended by repealing the words "including any male elector so absent on service with His Majesty's Naval, Military, or Air Forces, or any female elector so absent on service as medical practitioner or nurse or masseuse or otherwise with" and by inserting the words "including any member of His Majesty's Naval, Military, or Air Forces so absent on service with any unit or any female so absent on service, in any capacity, including service, as medical practitioner or nurse or masseuse or otherwise, with or with any service forming part of," in lieu thereof, and by inserting, after the words *"" The Elections Acts Amendment Act of 1940,"" the words" or any war in which His Majesty may engage before he ceases to be engaged in such first-mentioned war." * 4 G. 6 No. 15. See 1940 Sess. v., p. 17910. FORCES-MEMBERS OF AND VOTING. See ELECTIONS. FRIENDLY SOCIETIES. See SOCIETIES.