Electoral Act 1899 (WA)

-Oa Ever n attztratia.

ANNO SEXAGESIMO TERTIO

*************************************flfl eliii** *********** ITICTORLIE REGI

No. XX.

A BILL INTITULED

AN ACT to consolidate and amend the Law relating to Parliamentary Elections.

[Reserved, 4 6th December, 4 g 99 .1

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows :— BE it enacted by the Queen's Most Excellent Majesty, by and

1.     THIS Act may be cited as the Electoral Act, 1899.

short title.

2.      THE enactments mentioned in Schedule I. are hereby repealed.

Repeat.

3.      THIS Act only applies to Parliamentary elections.

Application of Act.

4.	TI-lis Act is divided into the following parts:—	Division of Act.
PART I.—ADMINISTRATION: PART 1I.—ELECTORAL REGISTRATION-

1. The Rolls :

2. Revision Courts:

63° VICTORTIE, No. 20.

Electoral Act, 1899.

PART M.—ELECTIONS-

1. The Writs :

2. The Nominations :

3. Absent Voters :

4. The Polling:

5. The Scrutiny :

6. The Return of the Writs :

PART IV .—OFFEN CES AND PENALTIES:

PART V.—DISPUTED RETURNS:

PART VI.—SUPPLEMENTARY:

Interpretation. 5. IN this Act the terms in quotation marks have the meaning_s

stated, except where some other meaning is clearly intended- " Parliament "—The Parliament of Western Australia : " Council "—The Legislative Council :

" Assembly "—The Legislative Assembly:

" Houses "—The two Houses constituting the Parliament :

" House "—Either of the two Houses:

" Minister "—The Minister charged with the execution of this

Act:

"Candidate"—Any person who, within three months before the clay of election, directly or indirectly offers himself for election by any constituency, or who directly or indirectly, within such time, seeks to influence any constituency or electors with a view to so offering himself :

" Elector "—Any person of either sex whose name is on the electoral roll of a Province or District :

" Officer " includes all officers appointed under this Act, or

exercising any power or discharging any duty thereunder :

" Electoral District " or " District "—An Electoral District

appointed by law to return a member or members to the

Assembly :

" Electoral Province " or " Province "—An Electoral Province appointed by law to return a member or members to the Council:

" Returning Officer " includes Deputy Returning Officer.

" Registrar "--Electoral Registrar:

District " includes Division:

63° VICTORLE, No. 20.

Electoral Act, 1899.

" Presiding Officer " includes the substitute for any Presiding

Officer :

" Resident Magistrate " includes Government Resident and Police Magistrate :

British Subjects " includes naturalised as well as natural born British subjects:

1 - Proclamation "—Proclamation 1w the Governor published in

the Government Gazette :

Gazette notice "—Notice published in the Government

Gazette.

6.      THE forms in the schedules, and DODe other, shall suffice.

The schedule references at the foot of sections indicate the For'"s; schedules relating to the matters dealt with by the sections.

EVERY summons, notice, or other document required by this Act to be served on, sent, delivered, or given to any person, may he so served, sent, delivered, or given Service.

7.

(a.) By delivering the document to him personally ; or

(1).) By leaving it for him or posting it to him at his usual or

last known place of abode, or if that be not known,

then to the address appearing on the electoral roll.

PART I.—ADMINISTRATION.

A RElliRNING Officer shall be appointed by the Governor for the execution of this Act, and shall have the power and be charged with the duty to give effect to the Act within his Province or District, each District being a division of the Province in which it is situated.

for each Province and each District, responsible under the Minister Returning Officers. 8

EACH District Returning Officer shall, as regards Ids Dis- trict, be a Deputy Returning Officer for the Province of which Ids	Deputy Returning
Officers.
District is a division.

9.

THE same person may be appointed Returning Officer for one or more Province or Provinces, and also for one or more District	Returning Officer
may act for several Provinces Emil Dis-
or Districts.	tricts.

10.

FOR each District there shall be an Electoral Registrar, to District shall also be an Electoral Registrar for the Province of which Ids District is a division.

be appointed by the Governor, and the Electoral Registrar for a Registrars. 11.

63" VICTORI2E No. 20. 7

Electoral Act, 1899.

12.      A GAZETTE notice shall immediately be given of every

Notice. appointment of a Returning Officer and of a Registrar.

13.      THE Registrars shall keep forms of claims and applications

Keeping Of forms.

for transfer, and shall, without fee. supply the same, .611 them up,

and assist the public in their proper use.

NO candidate for either House shall be or be appointed an

officer, and if any officer becomes a candidate he shall thereby

vacate his office.

Candidates.	14.
Continuation of	15. ALL officers administering the electoral laws at the com-

present offieers.

mencement of this Act are continuedin their offices as if appointed

under this Act.

16.      EVERY Returning Officer hereafter appointed shall,

Acceptance of office.

before entering on his duties, subscribe before a Justice of the Peace,

and forward to the Minister, the following declaration :—

Electoral Act, 1899.

I, A.B.. accept the office of Returning Officer for the Province [or District] of , and I promise to perform the duties faithfully and impartially, and in particular I pledge myself not to disclose any knowledge that I may acquire touching the vote of any elector.

PART I1.—ELECTORA L REGISTRATION.

1. The Rolls.

Roil to be kept. the Returning Officer, keep the rolls wherein all electors for the 17. EVERY Electoral Registrar shall, under the supervision of

Province or District for which such officers are appointed shall be registered.

THE officers keeping any rolls shall receive claims and applications for transfer, and give receipts therefor in form given in Schedule II., and shall register electors pursuant thereto and to the provisions of this Act, and may make alterations as herein provided.

Registration of elec- 18.

tors and transfers.

19.       TILT, rolls kept by each officer shall be kept separately in

Books.

convenient books, and, on the commencement of this Act, the

existing rolls shall be used in making up such books.

There shall be separate Council rolls for each Province and Assembly rolls for each District.

(Schedules ITT. and IV.)

63° VICTORLE, No. 20.

Electoral Act, 1899.

THE rolls for each Province shall state the division of the Province in respect of which each voter is registered. Divisions.

20.

SAVE so far as it appears by the rolls that the names of

any electors have been registered for the first time within six months, questioned.

the rolls shall be conclusive evidence that the persons registered

thereon have a right to vote, and the rolls shall not be questioned,

except in Courts of Revision, and as mentioned in section one hun-

dred and seven, and then only as hereinafter expressly provided.

Rolls not to be

21.

REGISTRATION shall be effected by entry of the

particulars in respect of each elector indicated m the forms of

rolls.

Mode of registration.

22.

(Schedules III. and IV.)

THE date of registration of electors whose names are, at

the commencement of this Act, on any roll or electoral list need not Dates.

be inserted ; and no date of registration need be retained after six

months from the original registration.

23.

IN keeping the rolls the surnames of electors shall be arranged alphabetically according to the -first letter of each surname, and blank spaces shall be left for additions after each series of names beginning with the same letter. Arrangement.

24.

IT shall be the duty of Electoral Registrars to make up the

new rolls required by this Act within three months after the com-

mencement thereof.

Existing rolls and

The rolls and electoral lists existing• at the commencement of this Act shall be transcribed into the new rolls.

25.

26. NEW rolls shall be prepared in connection with every • Newrolls .

census to be taken pursuant to the Census Act. 1891.

27.      THE rolls shall be printed whenever directed by the Prints.

Minister.

SUPPLEMENTAL rolls, setting out additions and altera- tions since die last print, shall be printed immediately after the holding of each Revision Court, and immediately previous to a general election or, should time permit, whenever a. vacancy occurs in the representation of any Province or District. Supplemental roll.

28.

29.       THE original of the electoral rolls may be inspected by any

person desirous of doing so, without any payment, between the tulle,	original
hours of ten in the morning and two in the afternoon on at least

63° VICTORIA, No. 20.

Electoral Act, 1899.

two days in every week ; notice of the days shall be painted or affixed

in a conspicuous place outside the office where such rolls are kept.

Inspection. 30. THE last printed copies of the rolls for the Province or

District shall also be open for public inspection at every Registrar's Office for such Province or District, and shall be obtainable for One shilling for each copy.

Lists of Municipal 31. THE clerk or secretary of every municipality or road

or Road Board

board shall, in the month of December in every year, make

Electors.

out separately for every District or portion of a District within the jurisdiction of such local authority, a list containing, in alphabetical order of surnames, the names of every person whose name appears on the electoral list of such municipality or road board in respect of property situate within the District or portion of a District as aforesaid, and of every person whose name would appear thereon but for non-payment of the rates ; and shall transmit the said list, in the form and containing particulars required in the Fifth Schedule, certified under his hand, to the Registrar or Registrars of the District or Districts within the boundaries of the municipality or road board district (as the case may be), on or before the 31st day of December in every year.

(Schedule V.)

New Registrations. 32. ALL new registrations shall be effected pursuant to

(a.) Claims ; or to

(b.) Applications to transfer ; or by

(c.) The registration of the persons whose names appear in

the list made out pursuant to section thirty-one. (Schedules VI., VII., VIII.)

Claims. 33. CLAIMS may be delivered to the Registrars by post or

otherwise at any time, and shall be signed by the claimant in the

presence of an adult witness, and attested.

(Schedules VI. and VII.)

Any person wilfully making any false statement in any claim

shall be liable, on conviction, to imprisonment not exceeding two years ; and any person attesting a claim without satisfying himself by inquiry of the claimant or otherwise that the particulars stated in the claim are true, shall be liable on summary conviction to a penalty not exceeding Fifty pounds.

Receipt of claims. 34. ALL claims shall be filed and the date of receipt noted

thereon, and the claimant shall immediately be registered pursuant thereto. Municipal and Road Board electors shall be registered forthwith after the receipt of the list made out pursuant to section thirty-one.

63° VICTORUE, No. 20.

Electoral Act, 1899.

THE date of receipt of the claim by the proper officer shall

be the date of registration, except when a new roll is being formed

and the claimant's name appeared on the latest old roll.

Date.

In such case the date on the old roll shall be carried forward to the new roll as the date of the registration thereon.

35.

DURING the six months following the registration of ally claim, it shall be the duty of the Electoral Registrar to make Registrar to inquire

36.

into claim.

inquiries as to the correctness of the particulars stated in the claim.

EVERY person may apply to h a ve his name transferred from the electoral roll of a District to the electoral roll of another	Applications for
transfer.
District, and such application shall be signed by the applicant and attested by an adult witness.
The application for transfer shall not be made until the appli- cant has resided for one month in the District for which he applies	Month's residence
necessary.
to be enrolled, nor at any time, during the period beginning with the day of the issue of the writ for an election in the District to which a transfer is to be made and ending. on the polling cla y, both inclusive; and shall not be complied with until the Registrar is satisfied that the applicant is registered on the roll from which he desires to be transferred.

37.

(Schedule VIII.)

ALI, applications for transfer shall be filed, and the date of receipt noted thereon, and the applicant shall be registered pursuant thereto immediatel y on the Registrar being satisfied as in the last preceding section mentioned. Nagle ation.

38.

39.      'I'lI E date of the registration on the roll to which the Date.

applicant is transferred shall be the date of the registration on the

roll from which the applicant is transferred.

40.      WHEN any registration shall be effected. pursuant to Notice of transfer

application for transfer, notice shall immediately be given by the officer in charge of the roll to which the name is transferred to the officer in charge of the roll from which the name is transferred, and the name of the applicant shall thereupon be struck off the roll . from which lie has applied to be transferred.

41. EVERY person whose name is on the electoral roll for any Application to add or

he is registered, may apply to the Registrar to add the qualification.

Province or District who possesses a qualification for the same change qualification.

63° VICTORDE, No. 20.

Electoral Act, 1899.

which is not registered, or to substitute the same for the qualifica- tion which is registered, and it shall be the duty of the Registrar to effect the addition or substitution in accordance therewith.

Every such application shall be signed by the applicant and attested by an adult witness.

Such application shall not be made during the period beginning with the day of the issue of the writ for an election in the Province or District, and ending on the polling day, both inclusive.

(Schedule IX.)

42.      THE Electoral Registrars shall alter the rolls as may be

Alteratio of boud n-

aries. n

necessary on any change of electoral boundaries, the dates of the

original registration being preserved.

43.       THE Electoral Registrars may alter rolls as follows:—

Alteration of rolls.

By correcting any mistake in spelling, or in the description

of qualification, or in the date of registration :

By changing, on the written application of the elector

(a.) The residence to another within the same district:

(b.) The original name to any altered name:

(3.)

By striking out the names of dead persons :

By removing the name, on the written request of the

(4.)

elector, or on receipt of notice of transfer to any other

roll:

By reinstating, under date of the original registration,

(5)	any name struck out by mistake as the name of a dead person, and whether struck out by a Court of Revision
Or otherwise.

'rime for altering 44. NO alteration of any roll shall be made on any polling clay

tolls.

for which such roll is in use, nor during the four days preceding

such polling day.

ALT, alterations shall be made in such a manner that the original entry shall not be obliterated ; and the reason for the alteration and the date thereof shall be set against the alteration, together with the initials of the officer making the same.

Alterations to be 45.

Lists of deaths to be46. EVERY Registrar or District Registrar of births, deaths,

furnished, and marriages, shall, in the mouths of March, June, September, and

December, in every year, forward to the Electoral Registrars of every Electoral Province or District any part whereof is comprised within the registry District of such Registrar or District Registrar iof births, deaths. and marriages a correct list of the names, addresses,

63" VICTORI2E, No. 20.

Electoral Act, 1899.

and occupations of all persons of the age of twenty-one years and upwards whose deaths have been registered by him during the three months then last past, and the rolls shall be altered accordingly.

2. Revision Courts.

47. REVISION Courts shall be held in each District on the Revision Comas.

third thesday in the month of May in every year, at such places

as may be fixed by Proclamation. for the purpose of revising

the Provincial and District rolls.

48. EACH Revision Court shall consist of

Constitution of

Court.

(a.) A Resident Magistrate ; or

(b.) Any two or more Justices of the Peace resident in the

Electoral District; or

(e.) All or any two or more of the above-mentioned.

49. A RESIDENT Magistrate, if present, shall be the Chairman ch„irmau.

of the Court. If a Resident Magistrate is not present, the Justices

present shall elect one of their number to be Chairman.

50. WHERE the members of the Revision Court differ in Decision of majority.

Opithall, the decision of the majority shall be the decision of the Court, and in estimating the majority the chairman shall have a vote, and, when the numbers are equal, a casting vote.

51. NO candidate for election, or member of the Council or No eamthlite for

Assembly, shall be a member of the Court. election or member shall be a member of Court.

52. THE Clerk of the nearest I,ocal Court, or a. deputy

appointed by the Minister, shall be the Clerk of the Revision Court. cleric

53, THE Court may adjourn from time to time, and an

adjourned Court, if held at any time within one month from the

Adjournment.

time appointed for the holding thereof, shall be deemed to be duly

held.

54. IF within two hours after the time appointed for the Ad.omtment when

holding of the Court, or after the time to which the Court is Court not duly con

adjourned, the Court shall not be duly constituted, any one Justice, stituted.-

or, if there shall be no Justice present, the Clerk of the Court may,

from time to time, adjourn the Court to a future day.

The Clerk of the Court shall forthwith, after every adjourn- ment, give public notice thereof by advertisement in a newspaper circulating in the district, or in some other effective way.

63° VICTORIX, No. 20.

Electoral Act, 1899.

ANY name on a roll may be objected to by notice of objection lodged with the Electoral Registrar.

Objections to 11111110S 55.

(Schedule X.)

56.      THE notice of objection shall be signed by an elector

Notice of objection.

registered on the same roll, or by the Returning Officer or a Registrar

for the same District.

ON receipt of the notice of objection, the Registrar shall summon the person objected to, to appear to answer the objec- tion at the Revision Court to be held next after fourteen clays from the service of the summons.

57.

Summons.

(Schedule XI.)

Day of Registrar 58, IT shall also be the duty of the Registrar to summon any

object.

person whose name he shall have reason to believe' ought not to

be retained on the roll.

(Schedule XI.)

THE Registrar shall, at least fourteen days before the of all objections to be dealt with by the Court at its next sitting.

mist to be published. sitting of the Court, exhibit in his off ce within the district a list 59.

(Shedule XII.)

AT the sitting of each Revision Court, the rolls, and all

claims and objections received since its last annual sitting, and in

respect of which it has jurisdiction, shall be produced.

Rolls to he produced. 60.

EACH Revision Court shall, in open Court, finally revise the rolls, by hearing and determining all objections, and by striking out the names of persons proved to be dead, and dealing with any claims which have not been registered.

Mode of revision. 61.

EXCEPT as to the names of dead persons, the names of

all persons not objected to shall be retained on the rolls, unless the

registered qualification is insufficient.

Names to be retaine 62.

Other 1111111CS 63. THE Court shall also, except as aforesaid, retain on the rolls

all names

(a.) Against which no objection has been duly lodged; or

(b.) Against which, objection having been duly lodged, the

objector shall not have appeared in person, or, having appeared in person, shall not have established his objec- tion.

630 VICTORLE, No. 20.

Electoral Act, 1899.

NO proof of service of the summons shall be required where the person objected to appears. Proof of service.

64.

65.

ANY person authorised in writing may appear to resist an objection on behalf of the person objected to.	Resistance of °Nee-
ties.

IF a qualification appears to be insufficient or an objec- tion is established, the Court in either case, if satisfied that the (substitution , poi fi f

66.

person objected to has another sufficient qualification, shall retain the name on the roll, correcting only the entr y by inserting the other sufficient qualification ; but if no other sufficient qualification is proved, the name shall be struck out.

IF the Court finds that the name of any person is entered more than once as an elector for the same Province or District, and that the entries relate to the same person, the Court shall retain one entry only. Duplicate entries.

67.

THE Court may exercise all powers of alteration in

correcting mistakes and supplying omissions which are exercisable

by any person.

Alterations.

68.

IF the Court is satisfied that there has :been a failure to

time the claim was made, there was a qualification sufficient, the

Registration of

69.

register any person pursuant to a claim duly made, and that, at the claimant. the date when the claim should have been registered.

If the Court is satisfied that any transfer, or change, substitution, or addition of qualification, which ought to have been registered has not been duly registered, or, by reason of any neglect or omission by the Electoral Registrar, the Register needs amendment, the Court shall amend the same accordingly.

IF an objection is not established, the Court may award the person objected to a reasonable sum, to be paid by the objector, for costs and expenses in resisting the application, but no costs shall be awarded against an officer if the Court is satisfied that, in objecting, the officer acted in good faith and on reasonable grounds. Costs.

70.

71.      IF an objection is found to be frivolous, the person Frivolous objection.

objected to shall be entitled to a reasonable allowance for his costs and expenses in resisting such application, and the Court shall award a sufficient sum for the purpose, to be paid by the objector.

72.       EXECUTION, as on a judgment of a Local Court, may

issue for any sum awarded, pursuant to either of the two preceding Execution.

63° VICTORLE, No. 20.

Electoral Act, 1899.

sections. and the award shall be entered and enforced as a judgment

of the Local Court, but no such sum shall exceed Five pounds.

73. ALL books of any local body may be inspected for the

Inspectio of books

purposes of any proceedings in any Court of Revision, and copies taken of such books, and such copies shall be prima lade evidence of the recorded entries.

PA in'

1. The Writs.

Dates, etc. 74. ALL writs for elections shall fix the dates for

(a.) The nomination:

(b.) The polling:

(c.) And the return of the writ.

(Schedule XIII.)

NO date for the nomination shall be less than seven nor more than thirty clays after the date of the writ.

75.

Date of nomination.

Date of polling. 76.

NO date for the polling shall be less than two nor more than thirty clays after the date of nomination.

ALL writs -for any periodical or general election shall be period or dissolution necessitating the election or, as to the return, within such further time as the Governor, by Proclamation, may allow.

77.

Issue and

writs. return of issued and returned within fifty days after the occurrence of the

WRITS shall be directed to the Returning Officer for the Province or District for which an election is to be held.

78.

Writs, bow directed.

79.  ON the receipt of a writ the Returning Officer to whom it (i.) indorse thereon the date of its receipt, and, in the case of a Council election, forward a copy of the writ to each Deputy Returning Officer.

Duty of Itutitr

Officer on receipt	is directed shall
writ.

(2.) Advertise its receipt and particulars in a newspaper

circulating in the district, or by placards or otherwise.

2.            Nominations.

Nominations. 80.

NO one shall be capable of election unless duly nominated.

rflic place of nomination for cad). Province and District shall be

fixed by Proclamation.

63° VICTORI2E No. 20.

Electoral Act, 1899.

81. ALL nominations shall— Mode of Nomination.

(a.) Name the candidate and his place of residence, and

shall

(b.) Be signed by not less than two persons entitled to vote at

the election:

And no nomination shall be valid unless

(c.) The person nominated consents, by writing or by telegram

communicated to the Returning Officer, to act if elected.

Nor unless

(d.) The nomination paper complying with the preceding

requisites be received by the Returning Officer after the

issue of the writ and before the hour for nomination ; and

(e.) Is accompanied by a deposit of Twenty-five pounds to be applied by the Returning Officer as hereinafter pro- vided. Such deposit, if not made in current coin or bank notes, may be made by a deposit receipt from a. bank in favour of the Returning Officer, or by a certificate from the Colonial Treasurer that the sum has been deposited with him and such deposit receipt or certificate may be telegraphed to the Returning Officer.

(Schedules XIV. and XV.)

82. TWELVE o'clock noon on the day of nomination shall be

the hour for nomination, and the Returning Officer shall then attend ,Iticia '"" for

at the place of nomination and publicly produce all nomination

t.

papers received, and declare the names and residences of all

candidates nominated.

83. THE Returning Officer shall declare the candidates Proceedings on

nominated duly elected if no vater number are nominated than are greater

required to be elected ; but otherwise the proceedings shall stand	nomination day.
adjourned to polling day.

3. Absent -Voters.

84. (r .) EVERY elector whose qualification is not residential Method of voting in

only, and who resides more than thirty miles from the nearest polling

absence.

place of the Province or District for which he desires to vote, or who,

W.A. Electoral Act,

after the issue of the writ and before the clay fixed for any election,

1500, s. 75.

is within any other Province or District, may apply to a Resident Magistrate, or some other person appointed by, the Governor in that behalf, for leave to vote in absence.

(2.) The Resident Magistrate, or appointee as aforesaid, shall

then write on each of two counterfoils numbered alike the name of

63° VICTORIA, No. 20.

Electoral Act, 1899.

the Province or District for which the applicant desires to vote, and, in the latter case, the division for which he is registered to vote, together with the names in full and address of the applicant, and shall sign the back of a ballot paper bearing the same number as the counterfoils, and on the face thereof shall write the name of the District or of the Province and the division thereof as on the counterfoils and shall give the ballot paper -to the elector.

(3.) The elector shall then write on the ballot paper the names of the candidate or candidates for whom he votes, and shall fold it up and, in the presence of the Resident Magistrate, or appointee as aforesaid, put it into an envelope.

(4.) The Resident Magistrate, or appointee as aforesaid, shall then seal up the envelope, and write " Ballot paper " on both sides thereof, and shall put one of the counterfoils into an envelope, and seal it up and write " Counterfoil on both sides thereof, and shall then send both envelopes enclosed in another envelope, by-post or otherwise, to the Returning Officer.

Duty of Returning (5.) The Returning Officer, on receipt of any such envelopes,

Officer with regard	shall, without opening them, retain them in his possession until the
to the ballot papers
of absent voters.	commencement of the poll, and shall, at any convenient time or times, during or immediately after the taking of the poll in the presence of the scrutineers, proceed to open the envelopes containing the counter- foils, and, having made a mark on the copy of the Electoral Roll in use at his polling place against the name of each person who appears by such counterfoils to have voted, shall keep such counterfoils in the same manner as the counterfoils of the ballot papers used by him at such election. Having thus dealt with the counterfoils, the Returning Officer shall proceed to open the envelopes containing the ballot papers received up to the close of the poll, allowing the scrutineers the opportunity (if they desire it) of seeing that the seals of the said envelopes are intact ; and as he takes out any ballot paper from its envelope, he shall, without opening the same, deposit it in the ballot box.
(6.) Any person who has applied to a Resident Magis- trate, or appointee as aforesaid, for the purpose of voting under this section, and has complied with the provisions of this section, shall not be entitled to vote otherwise at the election, although the said envelopes, or either of them, may not have been sent to the Returning Officer, or although they or either of them have miscarried.
(7.) For all subsequent purposes the Returning Officer shall treat any counterfoils and ballot papers received in accordance with the provisions of this section in the same way in which he is required to treat counterfoils of ballot papers given by himself to voters and

63" VICTORLE No. 20.

Electoral Act, 1899.

ballot papers received by himself from voters. The ballot papers and counterfoils to be used under this section shall be in the form given in the Sixteenth Schedule hereto.

(8.) _Any voting paper shall be and shall be held to be in due and proper form so far as the name of a candidate is concerned, provided the name of the candidate for whom the voter desires to vote be indicated as aforesaid, notwithstanding misspelling, or the omission of any name other than the surname. if the intention is clear.

(Schedule XVI.)

4. The Polling.

85. IF the proceedings on the day of nomination stand Polling.

adjourned to polling day, the Returning Officer shall immediately

make all necessary arrangements for taking the poll.

86. IN particular the Returning Officer shall

Duty of Beth

Officer.

(i.) Appoint a presiding officer to preside at each polling place at which he does not himself preside.

(2.) Provide and furnish proper polling booths and ballot

boxes.

(3.) Provide and issue voting papers and lists of voters.

The presiding officer may appoint all necessary poll clerks and

doorkeepers.

87. THE lists of voters shall be lists of the electors on the roll List of voters for

who have been registered for six months, or whose names have been	guidance of presiding
transcribed from the rolls and electoral lists existing at the	officers.
commencement of this Act, or from the electoral list of a municipality or road board as hereinbefore provided ; and such lists shall be signed by the Returning Officer and delivered to the presiding officers before the hour for commencing the poll, for their guidance during the polling.
88. THE Returning Officer shall himself be the presiding officer at the chief polling place.	Presiding Officer.
The chief polling place for each District shall be fixed by Proclamation, and the other polling places shall be fixed by the	Polling places to be
fixed.
Returning Officer.

89. ANY presiding officer may appoint a substitute to perform

his duties during his temporary absence. Substitute.

63° VICTORL ♦ , No. 20.

Electoral Act, 1899.

NO part of any premises licensed for the sale of liquor

No licensed premises 90.

to be used. shall be used for the purposes of any polling booth.

GOVERNMENT school-houses, and all buildings under cipal Corporations and Road Boards, and Agricultural Halls, Miners' Institutes, or any buildings which have been or may hereafter be subsidised in their erection by the Government, may be used free of charge for the purposes of any poll.

91.

be used Nee. Certain buildings to the control of the Government, and buildings the property of Muni-

92.      POLLING booths shall have separate compartments

Separate compart-

ments.

constructed so as to screen their occupants from outside observation,

and furnished with pencils for the use of voters.

EACH polling booth shall be provided with a ballot box having both an inner and an outer cower, with a lock awl key to each, and with a cleft in the inner cover for receiving the voting papers.

93.

Ballot boxes.

94.       IN printing the voting papers

Voting papers.

(f.) The names of all candidates duly nominated shall be

printed in alphabetical order according to their surnames.

(2.) If there are two or more candidates of the same surname, their surnames shall be printed according to the alpha- betical order of their other names, or if their other names shall also be alike, then according to the alphabetical order of their residences, arranged and stated in the voting paper.

Form of voting 95.

EACH voting paper shall be headed with the name of No voting paper shall contain anything beyond the heading above provided for and the surnames and other names of the candi- dates, and, in the case provided for by paragraph two of the last preceding section, the residences.

paper.

the Province or District and the number of candidates required to be

elected.

(Schedule X V II.)

Sufficient voting 96. SUFFICIENT voting papers for the use of the electors

papers to be pro.	at each polling place shall be provided before the commencement of
vided.	the poll.

63° VICTORI1E, No. 20.

Electowl Art, /899.

97. NO voting paper shall be delivered to any voter without vain, paper s

being first initialled on the back thereof by the presiding officer and initialled.

folded, and an exact account shall be kept of all initialled voting

papers.

98.

SCRUTINEERS may be appointed by candidates to represent them at each polling place during the polling. Scrutineers.

99.      ONE scrutineer only shall be allowed to each candidate Number,

at each polling place, except where more than one thousand electors

are on the roll, when one extra scrutineer may be allowed.

APPOINTMENTS of scrutineers shall be made by written notice to the Returning Officer, giving the name and address made.

• A ppointmon bow

of the scrutineer, or without such notice by permission of the

Returning Officer.

100.

101.      NO candidate shall in any way take part in the conduct Persons present at

of an election ; and no one, other than the presiding officer, the poll polling.

clerks, doorkeepers, and scrutineers, and the electors voting and

about to vote, shall be permitted to enter or remain in the polling

booth during the polling except by permission of the presiding

officer.

102. NO Council elector's vote at any election shall be received Council electors to

except in the division for which he is registered to vote.	vote ill their divi-
sions.

103.      THE polling shall be conducted as follows :—

The polling.

( fp Before any vote is taken the presiding officer shall exhibit the ballot box empty, and shall then securely fasten and seal its inner cover so that nothing can be removed without breaking the seal:

(2.) The poll shall open at nine o'clock in the morning:, and shall not close till all electors present in the polling booth at seven o'clock in the evening, and desiring to vote, shall have voted :

At the close of the poll at an y place other than the central polling place, the presiding officer shall publicly close, fasten, and seal and allow the scrutineers to seal the outer cover, and shall take charge of the ballot box, and with the least possible delay forward it, together with the list of voters issued to him as aforesaid, to the Returning Officer at the central polling place for the purposes of scrutiny ; and it shall on no account be opened except at the scrutiny.

63° VICTORTIE, No. 20

Electoral Act 1899.

Mode of voting, 104. ALL votes shall be cast as follows :—

(1.) The voter. shall state his surname and other names, and, if so desired by the presiding officer, any other particulars necessary to be stated in the roll for the purpose of identifying the name upon the roll under which the vote is claimed :

(2.) If the mime under which the voter claims to vote is upon the list of voters, a voting paper, duly initialled on the back, shall be delivered to the voter by the presiding officer or poll clerk, who shall thereupon place a mark against the voter's name on the list of voters:

(3.) Upon receipt of the voting paper, the voter shall, without

delay,

(a.) Retire alone to some unoccupied compartment of the booth, and there, in private, vote by drawing a line or lines through the name of each candi- date for whom the elector does not vote :

(b.) Fold the voting paper and deliver it so folded to the presiding officer, who shall forthwith openly, and without unfolding it, deposit it in the ballot box :

(c.) Quit the booth:

If any voter satisfies the presiding officer that he is so

l4.) blind as to be unable to vote without assistance, as required by the last paragraph, the presiding officer shall permit any person named and described by the voter to accompany him into the voting compartment, and to mark, fold, and deliver Ins paper for him :

If any voter satisfies the presiding officer, before his voting

(5.) paper is deposited in the ballot box, that he has spoilt it by mistake or accident, he may, on giving it up, receive a new paper from the presiding officer, who shall there and then destroy the spoilt paper.

Challenges. 105. A PERSON may be challenged during the polling as

to his right to vote by the presiding officer, and he shall so challenge him on the request of a scrutineer, but in any case only by the following questions, or some or one of them :-

(l.) Are you the person whose name appears as A. B. on the roll in force at this election?

(2.) Have you already voted, either here or elsewhere, at this election for this Electoral Province (or District)?

63" VICTORTIE, No. 20.

Electoral Act, 1899.

(3.)	Are you of the full age of twenty-one years?
(4.)	Have you the qualification for which your name now

appears on the Electoral Roll in force at this Election

Provided that in the case of a residential qualification if the

officer is satisfied that the person has not ceased to have such qualifi-

cation for more than six weeks, the person shall be entitled to vote.

106.       THE presiding officer, at the request of any scrutineer,

shall put all or any of the above questions applicable to the election Que4ti"8.

to any voter, but no such questions shall be put after the voting

paper shall have been deposited in the ballot box.

107. IF any person refuses to fully answer any question put to Answers.

hire by the presiding officer pursuant to the preceding section, or by his answer shows that he is not entitled to tote, his claim to vote shall be. rejected, and no voting paper shall be afterwards delivered to him, and any voting paper previously delivered to him shall be immediately destroyed bythe presiding officer.

THE voter's answer to the questions shall be conclusive, and the matter shall not be further inquired into during the polling. A' er corn:lush

108.

109. NO omission of any name other than the surname, nor Errors not to forfeit

entry of wrong name other than the surname. nor mistake where it	vote.
sounds the same in the spelling of any surname, nor misdescription of the locality of the qualification, shall warrant the rejection at any polling of any claim to vote if the voter or locality are sufficiently identified in the opinion of the presiding officer.

5. The Scrutiny.

110.	THE result of the polling shall be `ascertained by scrutiny.	Scrutiny.
111.

THE scrutiny shall be conducted as to a Council election

by the Returning Officer and the Deputy Returning Officers, and

as to an Assembly election by the Returning Officer, as follows :-

How condoeted.

(r.) It shall commence as soon as practicable after the closing- of

the poll:

(2.) Not more than two scrutineers may be appointed by each candidate to represent him at the scrutiny at each place where the scrutiny is conducted;

The scrutineers of the candidates may be present, and also any persons approved by the Returning Officer, but none other :

63° VICTORUE, No. 20.

Electoral Act, 1899:

(d..) All the proceedings of the scrutiny shall be subject to the

inspection of the scrutineers :

(5.) The ballot boxes shall be opened, the voting papers examined, and the votes counted so that the votes received by each candidate may be ascertained :

(6.) The ballot boxes shall be opened in such order as shall be determined by the Returning Officer, one after the other, counted, and the number of ballot papers contained in each box ascertained without their being examined, and a memorandum of such number made before another box is opened:

(7.) When all the ballot boxes have been opened and the ballot papers therein counted and noted as aforesaid, the Returning Officer shall mix all the ballot papers up together, and then proceed by the examination of the ballot papers to ascertain the result of the poll:

(8.) All votes, except those tendered in absence, shall be initialled, or if it contains anything contrary to the prescribed form by which votes are required to be cast:	counted as informal if the voting paper is not duly (p.) The scrutiny may be adjourned as may be necessary until all the votes are counted ; and, on any adjournment, the ballot papers shall be deposited in some secure place, and any scrutineer so desiring may seal them up :
(lo.) Any scrutineer may object that any voting paper is informal, and thereupon the Returning Officer shall mark the voting paper " Admitted " or "Rejected," according to his decision on the objection ; and such decision shall be final, subject only to reversal by the Court of Disputed Returns :
(11.) If an equal number of votes are cast for any candidates, and an additional vote would decide the election, the Returning Officer for the district shall give such vote, but otherwise no such Returning Officer shall vote at any election for which he is Returning Officer.

Council elections. 112. IN any Council elections-

.) The duties of the Returning Officer in relation to the Returning Officer as regards his division :

polling and scrutiny shall be discharged by each Deputy

(2.) Each Deputy Returning Officer, so soon as the result of

the polling within his division has been ascertained,

63" VICTORIA], No. 20.

Electoral Act, 1899.

shall, by indorsement under his hand, certify on the copy of the writ the number of votes polled for each candidate Within the division, and send back to the Returning Officer for the Province the copy of the writ so indorsed, and shall, before so doing, if practicable, telegraph to him the certificate of the result: Provided that the trans- mission. of any result by telegraph shall be in accordance with the provisions hereinafter contained relating to the transmission by telegraph of the return to an election writ.

( 3 .) The Returning Officer for the Province shall, from the copies of writs so received, or the result so telegraphed, ascertain the total number of votes polled for each candi- date in the Province to which the election relates.

113. IT shall be sufficient to telegraph an election writ, copies Writs, etc., /nay be

thereof, and notices required to be given by this Act, also the result	telegraphed.
of the election and return to the writ.

(a.) If the writ for an election be telegraphed to the Returning Officer, he shall, when the result of the election is known, indorse the result on such telegraphed copy, and make return thereof as of the writ for the candi- date's election.	so v	31 s., 58.
(b.) Scrutineers and agents to attend at the polling place may be appointed by telegraph.

6. The return of the Writs.

114. SO soon as conveniently may be after the result of the Return of writ.

polling at any election has been finally ascertained, the Returning

Officer shall

(1.) Publicly declare the result, and the names of the candi-

dates elected :

(2.) By indorsement under his hand certify- on the original writ the names of the persons elected, and the number of votes given for each, and return the writ so indorsed according to its exigency.

115. IMMEDIATELY after the declaration of the poll, all Certain voting

unused voting papers, and all voting papers •(except papers for papers retained.

voting in absence) which have been used for voting and not objected

to or held to be informal, shall be destroyed, and all other voting

papers shall be retained until the election can be no longer ques-

tioned, when they shall be destroyed.

63° VICTORIX, No. 20.

Electoral Act, 1899.

Returns to be sent in. 116. EVERY Returning Officer shall, after any election within his Province or District (as the case may be) send to the Minister a return in a tabular form showing

Op The number of electors on the roll : (ta.) The number of electors who voted: (i b.) The number of voting papers issued to electors:

(2.) The number of voting papers found in the ballot boxes:

(3.) The number of voting papers rejected, distinguishing the

numbers

(a.) Not initialled:

(b.) Voting for more candidates than were entitled to

be elected:

(c.) Containing any clue to the identity of the voter :

(d.) Unmarked or informally marked, specifying the

nature of the informality:

And such return shall be accompanied by the list of voters issued under section eighty-seven.

Correction of errors. 117. ANY delay, error, or omission in the printing, preparation, issue, transmission, or return of any roll, writ, voting papers, or list of voters, may be remedied, removed, rectified, and supplied by Proclamation specifying the matter dealt with, and providing for the course to be followed, and such course shall be valid and suffice.

Extension of time. 118. WITHIN twenty days before or after the day appointed

for any election, the person issuing the writ may provide for extending the time for holding the election, or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election ; and any provision so made shall be valid and sufficient :

Provided that

(t .) The provision made shall be immediately notified in the

Government Gazette:

(2.) No postponement of any polling day shall be made at any

time later than seven days before the time originally

appointed.

IF any election is interrupted by riot or violence, the proceedings at the polling place affected may be adjourned until the" following day, and so on from day to day until the poll is properly

Riot. 119.

63° VICTORLE No. 20.

Electoral Act, 1899.

taken ; and, for the purpose of the election, all clays to which the poll is adjourned shall be deemed continuations of the original polling day, and the scrutiny shall not close until the votes polled on all such clays have been counted.

120. IF any candidate shall fail to receive a number of votes Deposit made under

equal at least to one-fifth part of the votes received by the successful	sec. 81, how dealt
candidate if only one, or, if there shall be more than one, by such	with.
one of the successful candidates as shall receive the smallest number of votes, the deposit of Twenty-five pounds made by such candidate so failing shall be forfeited, and shall be forth- with paid by the Returning Officer to the Colonial Treasurer for the general purposes of the Colony, and after every election the Returning Officer shall pay to any successful candidate, and to any unsuccessful candidate who shall have received a number of votes equal at least to one-fifth part as aforesaid, the sum of Twenty-five pounds deposited by him as aforesaid.

7. Transmission by Telegraph.

121. THE transmission by telegraph of a writ, or of the return Mode of transmission

thereto, and of any other document authorised by this Act to be by telegraph.

telegraphed, shall be in accordance with the following provisions :—

(a.)	The original document shall be delivered at the telegraph station to the operator, who shall compare the same with die written message.
(b.)	The person to whom the contents of such document shall be so sent shall ;forthwith cause to be sent back by telegraph a copy iof the message received by him, and, in the event of any error appearing therein, the process shall be repeated' until it appears that a true copy of such document has been received b y the person to whom it was sent.

(c.) When it appears that a true copy has been received as aforesaid, the original document shall he delivered to the person by whom or on whose behalf it was delivered.

122. IN case telegraphic or other communication be interrupted Provision in

or delayed, the Governor, or other person issuing the writ, may from interruption ocfasteeleof

time to time, at Ins discretion, extend the time appointed for the gr.*"

return of an election writ: Provided that any such extension of	ibid., s. 59.
time shall be notified in the Government Gazette.

63° VICTORUE, No. 20.

Electoral Act, 1899.

PART IV.—OFFENCES AND PENALTIES.

Offences. 123. TO secure the due execution of this Act and the purity

of elections the following acts are hereby prohibited and

penalised:—

(0 .) Breach or neglect of official duty:

(2.) Illegal practices, including

(a.) Bribery:

(b.) Undue influence:

( 3 .) Electoral offences.

Breach or neglect. by 124. " BREACH or neglect of official duty " includes--

(1.)	Any attempt by any officer to influence the vote of any elector, or, except by recprding Ins vote, the result of any election:
(2.)	The disclosure of ally knowledge officially acquired by

any officer touching the vote of ally elector :

(3.) Any neglect or refusal by any officer to discharge any official duty, and any violation by any officer of any provision of this Act.

Breach or neglect of official duty shall be punishable by a fine not exceeding Two hundred pounds, or by imprisonment not exceeding one year.

Bribe!. 125. WITO EV ER

(1.)	Promises or offers or suggests any valuable considera- tion, advantage, recompense, reward, or benefit for or on account of, or to induce any candidature or with- drawal of candidature, or any vote or omission to vote, or any support of or opposition to ally candidate, or any promise of any such vote, omission, support, or opposition:
(2.)	Gives or takes any valuable consideration, advantage, recompense, reward, or benefit for or on account of any such candidature, withdrawal, vote, omission, support, or opposition, or promise thereof:
(3.)	Promises, offers, or suggests any valuable consideration, advantage, recompense, reward, or benefit for bribery, or gives or takes tune valuable consideration, advantage, recompense, reward, or benefit for bribery :

shall be guilty of bribery.

63° VICTORIA, No. 20.

Electoral Act, 1899.

126. WITHOUT limiting the effect of the general words in Definition

the preceding section, " Bribery " particularly includes the supply of meat, drink, or entertainment after the nominations have been officially declared, or horse or carriage hire for any voter whilst going to or returning from the poll, with the view to influence the vote of an elector.

127. WHOEVER threatens, offers, or suggests any— Hodge influence.

(l .) 'Violence, injury, punishment, damage, loss, or disadvan- tage for or on account of or to induce any candidature, or withdrawal of candidature, or any vote or any omission to vote, or any support or opposition to ally candidate, or any promise of any such vote, omission, support, or opposition:

( 2 ) Or uses, causes, inflicts, or procures any violence, punish-

ment, damage, loss, or disadvantage for or on account of

any such candidature, withdrawal, vote, omission,

support, or opposition:

shall be guilty of undue influence.

128. WITHOUT limiting the effect of the general words in Definition.

the preceding section, " Undue Influence " includes every interference or attempted interference with the free exercise of the franchise of any voter.

129. NO declaration of public policy or promise of public Exception.

action shall be deemed bribery or undue influence.

130. IN addition to bribery and undue influence the followinc, ti illegal practices.

shall be illegal practices :—

Any personal solicitation by a candidate of the vote of any elector within forty-eight hours before noon on polling day:

ll attendance by a candidate at any meeting of electors held for electoral purposes within forty-eight hours before noon on polling clay :

131. NO premises No committee room

(a.) On which the sale by wholesale or retail of any intoxicat- ing liquor is authorised by a license; or	ed for sale of liquors.to be in house licens-
Penalty as for illegal
(k) Where any intoxicating liquor is sold, or is supplied to members of a club, society, or association, other than a	practice.
59 Viet., 31, e. UM.

permanent political club ; or

63° VICTORIA, No. 20.

Electoral Act, 1899.

(c.) 'Whereon refreshment of any kind, whether food or drink,

is ordinarily sold for consumption on the premises ;

shall be used as a committee room for the purpose of promoting or procuring the election of a candidate ; and every person who hires or uses any such premises or any part thereof for a committee room, and every person who knowingly lets or allows the same to be used for that purpose, shall be guilty of an illegal practice.

132. ANY illegal practice shall be punishable as follows :—

Puni s h m ent.

(a.) Bribery or undue influence by a fine not exceeding Two

hundred pounds, or by imprisonment not exceeding

one year.

(b.) Any other illegal practice by a fine not exceeding One hundred pounds, or by imprisonment not exceeding six months.

IF any candidate shall be convicted by the Court of Disputed Returns of any illegal practice he shall be disqualified from election to Parliament for two years, and his election (if he is a successful candidate) shall be declared void.

133.

Disqualification.

THE matters mentioned in the first column of the follow-

Electoral offences. 134.

ing table shall be electoral offences punishable as provided in the

second column of the table opposite the statement of the offence.

Table of Electoral Offences and Punishments.

First Column—Offences. Second Coloom—Punishments.

Falsely personating any person to secure a voting paper to which the personator is not entitled, or personating any other person for the purpose of voting.	Imprisonment not exceeding two years.
Fraudulently destroying or defacing	Imprisonment exceeding two years.

any nomination or voting paper.

Fraudulently putting any voting or Imprisonment not exceeding six months.

other paper into ballot box.

Fraudulently taking any voting paper Imprisonment not exceeding six months.

out of any polling booth.

Forging or uttering, knowing the same Imprisonment not exceeding two years.

to be forged, any nomination or vot-

ing paper.

630 VICTORLE, No. 20.

Electoral Act, 1899.

Table of Electoral Offences a=nd Punishments—continued.

First Colman—011enees. Second Column—Punishmenti,..

In any polling booth on polling day misconducting himself, or failing to	nle of not exceeding Five pounds, or
imprisonment not exceeding one

obey the lawful directions of the pre-	month.
siding officer.

Supplying voting papers without Imprisonment not exceeding six months.

authority.

Unlawfully destroying, taking, opening,

or otherwise interfering with ballot

boxes or voting papers.

Imprisonment not exceeding si.x months.

Voting more than once for the saute Province or District at same election.

Fine of not exceeding Oue hundred

pounds, or imprisonment not exceed-

ing six months.

Wilfully defacing, mutilating, destroy- ing, or removing any notice, list, or other document affixed by any Return- ing Officer or by his authority.	Fine of not exceeding Two pounds.
Wilfully making any false statement in	Imprisonment o not exceeding two years.

claim, application, return, or declara-

tion, or in answer to a question under

this Act.

Attesting a claim, application for trans- fer, change of qualification, or other document required to be attested as witness without satisfying himself by inquiry of the claimant or applicant or otherwise that the particulars stated are true, Fine not exceeding Fifty pounds.

WHOEVER in any polling booth on polling day mis- conducts himself, or fails to obey the lawful directions of the presid- ,novel ¢r am ' polling:

135.

i g officer, may be removed from the polling booth b y any constable booth.

or by any person authorised by the presiding officer.

ANY person so removed re-entering or attempting to re-enter the polling booth without the permission of the presiding officer shall be guilty of a further electoral offence, punishable, on conviction, by twice the penalties prescribed in the table for the original offence. Farther punishment.

136.

137. WITNESSES called on the part of the prosecutor in any ch tion of

prosecution for an offence under this Act may, unless the Cotht witnesses.

shall order the contrary, be cross-examined by the prosecutor or his

counsel.

63" VICTOREE, No. 20.

Electoral Act, 1899.

THE Court may, without argument, order that the prosecutor or his counsel be not allowed to cross-examine any witness called on his part if such witness appears to the Court to be hostile to the defendant.

Hostile witnesses. 138.

THE acts of authorised agents of candidates shall, in matters connected with elections, be deemed to be the acts of their principals, unless it be proved that such acts were committed without their knowledge or consent, and that they had neither directly nor indirectly sanctioned, countenanced, nor approved of the same in any way.

Acts of agents. 139.

Liability for indirect 140. EVERY person shall be liable for an illegal practice

acts.

committed directly or indirectly by himself, or by any other person

on his behalf, except as mentioned in the last preceding section.

Certificate of Return- 141. ON any prosecution under this Act the :certificate of the

ing Officer, evidence. Returning Officer that the election mentioned in the certificate was

duly held, and that the person named in the :certificate was a candidate at such election, shall be conclusive evidence of the matter stated.

PART V.—DISPUTED RETURNS.

The Court.	142. THERE shall be a Court of Disputed Returns."
Constitution.	143. IT shall be constituted of two Judges of the Supreme

Court.

Jurisdiction. 144. THE Court shall have jurisdiction to hear and determine

all questions of disputed returns.

Powers. 145. THE Court will be an open Court, and shall have the

following powers :—

(1.) To adjourn, but so that no interval of adjournment shall

exceed four days:

(2.) To compel the attendance of witnesses and the production

of documents:

(s.) To examine witnesses upon oath or affirmation :

(4 .) To regulate the form and mode of its proceedings in each

case:

(s.) To declare that any person who was returned as elected was not duly elected :

(6.) To declare any person duly elected who was not returned

as elected:

63° VICTORIA], No. 20.

Electoral Act, 1899.

(7.) To direct any new election :

(8.) To dismiss or uphold any petition, in whole or in part:

(9.) To award any costs.

(Schedule XVIII.)

146. NO return shall be disputed except by petition, and no Petitions

petition shall be noticed nor shall any proceedings be had thereon

unless the petition

Is addressed to the House affected, and presented by a (2.) Is signed by a candidate at the election iu dispute or by a person who was qualified to vote thereat, and has each signature attested by two witnesses, whose occupations and addresses are stated:

(i.)

member, or left with the clerk within forty days

after the day of return.

(3.) Is, in case of a petition against a return, accompanied by a certificate of the clerk that Fifty pounds has been lodged with him as security for costs.

147. ALL petitions shall, within ten days after the same have Tune.

been received, be referred to the Court.

148. THE Court shall inquire whether or not the petition is nines by Court.

duly signed, but the Court shall not inquire into the correctness of any electoral roll, or into the qualifications of any proposer, or into the sufficiency of any nomination, or into the qualifications of persons whose votes may have been either admitted or rejected, but only so far as rolls and voting are concerned, into the identity of the persons, and whether their votes were improperly admitted or rejected, assuming the roll to be correct.

149. E Court shall be guided by the substantial merits Substantial merits

and good conscience of each case without regard to legal forms to be observed.

or technicalities, or to whether the evidence before it is offered in

strict accordance with the laws of evidence or not.

NO election shall be voided on account of any delay in

150.   limn:aerial errorsnot

the nomination, polling, or return of the writ, or on account of the to vitiate election.

absence or error of any officer which shall not be proved to have

affected the result of the election.

151. A LI, decisions of the Court shall be final and conclusive cisions to be final.

without appeal, and shall not be questioned in any way.

63" VICTORTIE, No. 20.

Electoral Act, 1899.

152.      THE Court shall be attended by an officer of the House

Minutes.

affected, who shall minute the proceedings as directed by the Court,

and a copy of the minutes shall be furnished to the House.

Difference between 153. IF the Judges who hear a petition differ as to whether

J udge s to be certified the men

member whose return or election is complained of was duly.

returned or elected, they shall certify that difference, and the member

shall be deemed to be duly elected or returned.

to the House.

Deposit applicable154. IF costs are awarded to any party against the petitioner,

for costs. the deposit, on the order of the President or Speaker, shall be applic-

able in payment of the sum ordered, but otherwise the deposit shall

be repaid to the petitioner.

Other costs. 155. ALL other costs awarded by the Court, including any

balance above the deposit payable by the petitioner, shall be recover- able as if the order of the Court were a judgment of the Supreme Court, and such order, certified by the Judge, shall be entered as a judgment of the Supreme Court, and shall be enforced accordingly.

Effect of decision. 156. EFFECT shall be given to any decision of the Court as

follows :-

(1.) If any person returned is declared not to have been duly elected, he shall cease to be a member :

(2.) If any person not returned shall be declared to have been duly elected, he shall take Ins seat accordingly ;

Op If any election is declared absolutely void; a new election

shall be held.

PART VII.—SUPPLEMENTARY.

157. IT shall be lawful for the Governor to delegate to ally

Governor nu w

delegate his powers. other person the performance of any act or thing which by this Act

he is empowered to perform: Provided that any such delegation shall be made under the hand of such Governor and the seal of the Colony, and be announced by Proclamation in the Government

Gazette.

8 u pelt t 158. THE Minister may appoint such officers or persons as may

officers. to him appear necessary for the purpose of assisting any Returning Officer or Registrar in the performance of his duties, or otherwise for carrying this Act into effect.

Remuneration of 159. RETURNING Officers, Registrars, and other Officers and

officers.

persons appointed for the purposes of this Act may respectively be

paid such salaries or allowances as the Governor may direct.

63° VICTORIA, No. 20.

Electoral Act, 1899.

160.       THE clerk or secretary of a. municipality or road board

shall be entitled to be paid for the list of persons whose names Remuneration for Preparation of list of

appear on the electoral list of such municipality or road board, at municipal electors.

the rate of fourpence for every foli.o of seventy-two words, every figure

being counted as a word.

161.      ALL electoral papers provided for by tins Act, if marked

" Electoral " over the address thereof, may be transmitted through the	Postal.
post free of charge, and all papers so transmitted; if duly addressed, shall, on proof of posting, unless the contrary be: shown, be deemed to have been duly served on and received by the person to whom the same were addressed on the clay when, in the ordinary course of post, they should have been received at his address.

162. ALL prosecutions for offences, other than indictable Summary procedure

offences, under this Act shall be heard and determined by a Court of summary jurisdiction subject to appeal, as provided by the Police Act, 1892.

163. THE Governor may make any regulations to carry out Regulations.

the objects and purposes of this A ct, or as may be necessary for the administration thereof, and any such regulation may impose a penalty not exceeding Twenty pounds for any breach thereof. Penalty.

164. FOR the more convenient holding of the first general For the holding of

election, and of the first election of members of the Legislative	first elections
Council after the passing of this Act, the Governor may, by	Governor may, by
Gazette notice, alter
notice in the Government Gazette, make'such arrangements,	this Act.
appoint such persons, and fix such dates and 'periods as may appear	52 Viet., 23.
to him to be desirable under the circumstances to enable anything required by this Act to be done in the preparation of the rolls under Part II. of this Act ; and on the publication of such notice. tins Act shall, for the purposes of such first elections, be deemed to be altered accordingly.

165. THIS Act shall be proclaimed in Western Australia. by Proclamation of

the Governor so soon as he has received notification, by telegraph or	Royal assent, and commencement of
otherwise, of the Royal assent thereto ; and shall commence and take	Act.
effect from the date of the publication of &tell proclamation.

I hereby reserve this Bill for the signification of Her Majesty's pleasure thereon.

GERARJJ SMITH, Governor.

63° VICTOREE, No. 20.

Electoral Act, 1899.

SCHEDULES.

Section 2. Schedule I,

ENACTMENTS REPEALED.

•-• ---• -.•

Session and Number. Title. Extent of Repeal.

39 Viet., No. 10 An Act to amend the Law relating to The whole.

Election Petitions

59 Viet., No. 31 The Electoral Act, 1895 The whole.

Schedule II.

Section ls,

The Electoral Act, 1899.

Received this day from A.B., of , a Claim

for registration on (or au application for transfer to) the Legislative Council Roll,

for the Province division [or the Legislative

Assembly Roll for the District].

Dated the day of , 1 Electoral Registrar of

District.

Schedule III.

Sections 19, 22.

The Electoral Act, 1899.

LEGISLATIVE COUNCIL ELECTORAL ROLL.

] Province, [ ] Division.

Division of

Surname Where

Place of Province in Column for

and other Residence Nature of property respect of Date of remarks and

No.	names of	and	Qualification	affording	which Elector Registration	initials to
each Electo	Qualification

Occupation. is to be alterations.

n fuâ . is situate. Registered.

63° VICTORIA, No. 20.

Electoral Act, 1899.

Schedule IV. Section 22.

The Electoral Act, 1899.

LEGISLATIVE ASSEMBLY ELECTORAL ROLL.

District of [

Surname	Where
property Column for

and other . each Elector Profession

Place of Nature of Gf any) Date of remarks and

No names of Residence. Qualification. affording Registration. initials to

Occupation. Qualification alterations.

in full. is situate.

Schedule V. Section 31.

The Electoral Act, 1899.

MUNICIPAL [Or ROAD BOARD] ELECTORAL LIST.

Description and Whether

Names of each Profession situation of Freeholder, Annual Rat.

No. Elector in Residence. Property giving Leaseholder, or able Value.

full. Occupation. Title to Vote. Occupier.

To the Electoral Registrar for the District of

I CERTIFY the above to be a correct list of electors taken from the Electoral List of the Municipality of [or Road Board District] for the purposes of the Electoral Act, l899.

Dated the day of ,

(Signed) A.B.,

Clerk [or Secretary]

of the

63° VICTORIA], No. 20.

Electoral Act, 1899.

Section 32. Schedule VI.

---

The Electoral Act, 1899„

LEGISLATIVE COUNCIL ELECTORAL CLAIM.

Province, [ . ] Division.

To the Electoral Registrar of the Electoral District o f

I claim to be registered on the Roll for the [ 1 Province [ ]

Division.

1. I am a natural born (*or naturalised) subject of Her Majesty.

2. I have resided in Western Australia for six months.

3. I am not, within my knowledge, registered on the Roll of any other Division of the Province.

t I possess the following qualifications, z,:—

T. Situ . to at

Dated the day of

Name in full

Place of residence

Occupation

I certify that the above-named A.B. signed this iclaim in my presence, and that he has satisfied me that he possesses the qualification stated.

Witness—

Name

Address

Strike out, as the case may he.

QUALIFICATION.

t 1. Freehold estate ha possession ill Province of clear value of MOO. P. Householder, occupying dwelling house of clear manual value of £25. 3. Leasehold estate in possession in Province of clear annual value of 225. 4. Holder of lease or license of Crown lands in Province nt rental of not leis than 110 per :unman.

N.B.— State fully where the qualifying property is situated.

63" VICTORIX, No. 20.

Electoral Acti, 1899.

Schedule VII. Section 32.

Electoral Act, 1899.

LEGISLATIVE ASSEMBLY ELECTORAL CLAIM.

District of [

To the Electoral Registrar of the Electoral District of

I claim to be registered on the Roll for the above district.

1. I am a natural born (*or naturalised) subject of Her Majesty.

2. I have resided in Western Australia for six months.

1-3. I possess the following qualifications, viz.:—

I Situate at

Dated the day of 1

Name in full

Residence

Occupation

I certify that the above named A.B. signed this claim in my presence, and that he has satisfied me that he possesses the qualifications stated.

Witness

(Name)

(Address)

* Strike out, as the ease may be.

QUALIFICATION.

1. Resident in District. 2. Freehold estate in possession in District of clear value of 250. 3. Householder occupying house, warehouse, counting house, oflic.3, shop, or other building of clew annual value of MO. 4, Leasehold estate inpossession in District of clear annual value of WO. Bolder of leAse or licellso of Crown Lands iu District at rental of not less 'limn C5 per 1411/11111).

I If a property qualification, state fully where situated.

Schedule VIII.

Sections 32, 27.

The Electoral Act, 18.99.

APPLICATION TO TRANSFER.

'Po the Electoral Registrar of the Electoral District of

I [name in fall and occapation], formerly residing at , and

registered to vote for the District of , havin changed my residenceei to , and having now resided there for the past month, claim to have my name inserted on the Electoral Roll for the Legislative Assembly for the District of

Dated this day of , 1

(Signed)

Witness

Name

Address

Occupation

63° VICTORI/E, No. 20.

Electoral Act, 1899.

Section 41. Schedule IX.

The Electoral Act, 180.

APPLICATION TO ADD OR CHANGE On T.IFICATION.

To the Electoral Registrar of the District of

I [name in fun], residing at , and registered to vote at elections for the 'Legislative Council [or Assembly] in respect of the following qualification [here set out qualification as registered]

Nature of Where property affording Division of Province in respect

Qualification. qualification is situate. or which registered.

and being possessed of another qualification for the same province [or District]

to wit [here set out qualification to be added or substituted]

Nature of	Where property affording Division of Province in respect
Qualification.	qualification is situate. of which to be registered.

apply to have the last-named qualification added to [or substituted for] the

registered qualification.

Dated the day of , I

(Signed)

Witness

Name

Address

Occupation

63° VICTORLE, No. 20.

Electoral Act, 1899.

Schedule X. Section 55.

The Electoral Act, 1899.

NOTICE OF OBJECTION.

I object to the name of [give name and residence and occupation of person

objected to as in roll] being retained on the roll for the Province [or District] of

on the ground that [here state grounds of objection].

Dated this day of , 1

(Signed) A.B., of [here state residence and occupation of objector].

Schedule XI. Sections 57, 58.

The Electoral Act, 1899.

SUMMONS.

Mr. , of

You are required to appear at the sitting of the Revision Court to be held at the hour of

at , on the day of 1

o'clock in the to answer an objection to

your name being on the roll for the	Province [or District]
the grounds of objection being that [here state grounds].
Electoral Registrar.

N.B.—If you do not attend your name may be struck off in your absence.

Schedule XII. Section 50.

The Electoral Act, 1899.

LIST OF PERSONS OBJECTED TO.

The following persons have been objected to as not being entitled to have

their names retained on the Electoral Roll for the Province :—

LEGISLATIVE COUNCIL.

Nature of

Names of each Elector Place of Registered Date of Ground of

n full. Residence. Qualification. Registration. Objection.

(Signed)

Electoral Registrar for District of

63° VICTORLE, No. 20.

Electoral Act, 1899.

The following persons have been objected to as to not being entitled to have

their names retained on the Electoral Roll for the District of = :—

LEGISLATIVE ASSEIIIEDY.

Nature of I

Names of each Elector Place of Registered Date of Ground of

fu/l. Residence. Qualification. Registration. Objection.

(Signed)

Electoral Registrar fir District of

Section 74. Schedule XIII.

WESTERN AUSTRALIA.

The Electoral Act, 1899.

WRIT.

To Returning Officer for the Province [or District] of GREETING.

By virtue of The Electoral Act, 1899, I [name and title of Governor, or I, The Honourable the President of the Legislative Council, or I, The Honourable the Speaker of the Legislative Assembly] hereby command you that you cause election

to be made according to law of member for the [here set out name of Province or District] to serve in the Legislative Council [or Assembly], and I

appoint the following dates for the purposes of the said election : —

I. For nomination, day, the day of , 1 .

z. For taking the poll, in the event of the election being contested,

day, the day of , , 1 .

3. For return of writ, on or before day, the day of

,1 . •

GIVEN [if issued by the Governor] under my hand and the Public Seal of

Western Australia [if issued by the President or, Speaker under my hand and

seal], at Perth, this day of ' , 1 .

[Indorsements.]

RECEIPT.

, Returning Officer for the Province [or District], hereby

certify that I have received the within writ on the day of , 1 .

Returning Officer.

63" VICTORIX, No. 20.

Electoral Act, 1899.

RETURN.

, Returnin2. Officer for the Province [or District], do

hereby certify that on the day of was [or were] duly elected member [or members] to serve in the Legislative Council [or Assembly] for the said Province [or District].

The number of votes polled by the candidates were as follows:—

[Iase/I names of the candidates and votes polled by each.]

[If election uncontested, jilt in name or names of members returned.]

Dated the day of , 1

[If election uncontested, fill in date of nomination day ; and if contested, date of polling day.]

Returning Officer.

The execution of this writ appears by the indorsement made by me hereon,

and sealed up by me and transmitted herewith to [His Excellency the

Governor, or the Hon. the President of :the Legislative Council, or the Hon. the

Speaker of the Legislative Assembly, as the case may be].

Dated this day of 1

Returning Officer for the Province [or District].

Schedule XIV.

Section 81.

The Electoral Act.

LEGISLATIVE COUNCIL NOMINATION PAPER.

To the Returning Officer for the Province.

SIR,

We, the undersigned, electors of the Electoral Province, do hereby nominate [names in full, residence, and occupation of person nominated] as

a candidate to serve in Parliament as a Member of the Legislative Council for the

Province.

Dated the clay of , 19 .

Signatures and Residences of Nonzinators.

63° VICTORIA, No. 20.

Electoral Act, 1899.

Section 81. Schedule XV.

The Electoral Act, 1899.

LEGISLATIVE ASSEMBLY NOMINATION PAPER.

To the Returning Officer for the District of

We, the undersigned, electors of the Electoral District of , do

hereby nominate [name in fall, residence, and occupation!. of person nominated] of

as a candidate to serve in Parliament as a member of the

Legislative Assembly for the District of

Dated the day of 19 .

Signatures and Residences of Non 11 01'S.

Section Bt. Schedule XVI.

---

The Electoral Act, 1899.

ABSENT VOTER'S BALLOT PAPER

No.

BALLOT PAPER.

Name of Province or Distric ante of Province or District. Election Date.

c's

Election (Date).

Name of Voter. ante of Voter.

Address. I'? Address.

63" VICTORIX, No. 20.

Electoral Act, 1899.

Schedule XVII.

Section 95.

The Electoral Act, 1899.

Co UN TERFO / VOTING :PAPER.

Legislative Council,

No. Province,

:or

Legislative Assembly,

District.

Number of Members to be Elected. [

CANnIDATES

F.]

Schedule XVIII.

Scotia 145.

The Electoral Act, 1899.

SIMMONS TO WITNESS.

IN TILE REVISION Count.

You are required to attend at the Revision Court for , to be held

at , on the day of : , 19 , at o'clock in

the to give evidence on the revision of the electoral rolls of

the Province and Division, and to continue in attendance until the said revision shall be complete, or Until you are released from attendance by tile Court, and there to have and produce to the Court and any other books and papers relating to the said roll or rolls which may be in your possession or under your control.

Dated the day of , 19 .

Authority: RICHARD PETHER, Government Printer, Perth.