Electoral Act 1904 (WA)

Me Electoral Act.

(No. 20 of 1904).

ARRANGEMENT.

PART I.-PRELIMINARY. PART VI.-REVISION COURTS.

Sec.	Sec.
1. Short title, commencement, and	43. Revision Courts.

division. 44. Jurisdiction.

2. Repeal.	45. Constitution of Court.
3. Interpretation.	46. No member or candidate to be member

4. Division of Provinces. of Court

47. Clerk.

PART IT-ADMINISTRATION.

48, Adjournment.

49. 0./ Adjournment when Court not duly

5. Chief Electoral Officer. constituted.

6. Ins ector of Parliamentary Rolls. (2.) Notice of adjournment.

7. Electoral Registrars,	50. N (tun on roll may be objected to.
8. Returning Officers.	51. Notice of objection.
9. Deputy Returning Officers.	52. Summons.

10. Appointments to be gazetted. Form.

11. Candidates not to be officers.

53. Duty to object.

12 Registrars to keep forms.

54. List to be published.

13. Existing officers.

55. Rolls to be produced.

56. Mode of revision.

PART ILL-ELECTOILS. 57. Certificate of revision.

14. Amendment of 63 Viet., 19, ss. 15 and 58. Proof of service.

26.  59. Appearance.

15. One vote only for Assembly.	60. Costs.
16. No person to be registered more than	61. Execution.

once for any one Province.

PART VII.-WRITS FOR ELECTIONS.

PART IV.-ELECTORAL ROLLS.

62. Form of writs

17. Preparation thereof.	63. Date of nomination.
18. Separate rolls for each Province and	64. Date of polling.

District. 65. Date of return of writ.

19. Form of rolls.	66. Address of writs.
20. Arrangement.	67. Duty of Returning Officer on receipt

21. Divisions.	of writ,
22. Registration of electors for Provinces.
23. Printing of rolls.

24. Supplemental rolls.	PART VIII.-'Fire NOMINATIONS.
25. Inspection.

26. Rolls not to be questioned.	68. Candidates must be nominated.
27. New rolls.	69. Mode of nomination.
28. How made up.	70. Nominations may be telegraphed.
29. Names to be inserted and omitted.	71. Requisites for nomination.
30. Council electors to be registered on	72. Formal defects.

one division only.

73. Deposit to he forfeited in certain cases.

74. Place of nomination.

75. Hour of nomination.

PART V.-ADDITIONS TO ROLLS, TRANS- 76. Proceedings on nomination day.

FERS, AND ALTERATION OF ROLLS. 77. Death of candidate after nomination.

31. Additions of new names.	78. Failure of election.
32. Forms of claims.
33. Registration of claims.

34 List of municipal or road board PART IX.-Vonfro IST POST.

electors. 79. Voting by post.

35. Right to transfer.	80. Procedure.
36. Form of transfer.	81. Questions may be put to decto•.

Method of transfer. 82. Mode of voting,

37. Registration of transfer. 83. Ballot-paper to be sent to Returning

38. Alteration of rolls. Officer.

39. Adjustment of rolls on change in 84. Voter whose sight is impaired.

boundaries. 85. Duty of Returning Officer with regard

40. Time for altering rolls. to such ballot-papers.

41. Alterations to be initialled. 86. Applicaa not to vote otherwise at

42. Lists of deaths to be forwarded. election.

Electoral.

See. PART XIII.-LINITATION OF ELECTORAL

87. Officer to decide. EXPENSES.

88, Mistakes.

Sec.

89. Forms.

135. Rates of expenditure.

136. Expenses allowed.

137. Electoral expenses.

PART X.-THE POLLING. 138. Returns.

90. Chief polling place. 91. Other polling places. 92. Polling.	PART XIV. F	--LECTORAL OFFENCES.
93. Duty of Returning Officer.

94. Presiding officer.	139. Offences.
95. Substitute.	140. Breach or neglect by officers.
96. No licensed premises to be used.	141. Bribery.
97. Certain buildings to be used free.	142. Definition.
98. Separate compartments.	143- Undue influence.
99. Ballot-boxes.	144. Definition.
100. Copies of roll.	145. Exception.
101. Ballot-paper.	146. Illegal practices.
102. Ballot-papers.	147 Punishment.
103. Ballot-papers initialled.	118 . Table of electoral offences.
104. Scrutineers.	149. Offender may be removed from polling

105. Persons present at polling. booth.

106. The polling.	150. Further punishment.
107. Assembly electors to vote in District	151. Expenditure on behalf of a candidate.

in which they reside. 152. Liability for indirect acts.

108. Persons claiming to vote to give 153. Attempts.

name, etc. 154. Certificate evidence.

109. Challenge of voter.	155. Hard labour may be awarded.
110. Consequence of answers.	156. Indictable offences.
111. Answer conclusive.	157. Summary conviction.
112. Errors not to forfeit vote.	156. Criminal Code not to apply to Parlia-

113. Ballot-paper to be handed to elector. mentary elections.

114. Roll to be marked on voting paper being issued.

115. Vote to be marked in private.	PART %V.-DISE-CITED RETURNS.
116. Assistance to blind voters.

117. Spoilt ballot-papers.	159. Method of disputing elections.
118. How votes to be marked.	160. Requisites of petition.
119. Council elector may vote in any divi-	161. Deposit as security for costs.

sion. 162 No proceedings unless requisites com-

120. Adjournment of polling on account of plied with.

riot. 163. Constitution of Court.

121. Adjournment in other cases.

Powers.

164. Inquiries by Court.

165. Procedure.

PART XI.-THE SCRUTINY. 166. Immaterial errors not to vitiate elec-

122. Scrutiny. tion.

123. How conducted.	167. Decisions to be final.
124. Power to appoint scrutineers.	168. Copies of petition, etc., to be sent to

125. Scrutineer may object to vote as in- House affected.

formal. 169. Deposit applicable for costs.

126. Informal ballot-papers.	170. Other costs.
127. Preservation of ballot-papers.	171. Effect of decision.
128. (I.) Scrutiny in Council elections	172. Power to make rules of Court.

Procedure at scrutiny. 173. To be laid before the Parliament.

(2.) Deputy Returning Officers for- ward writ and ballot-papers to Returning Officer. PART X VI.-MISCELLANEOUS.

(3.) Results of polling may be tele- 174. Electoral matter to be sent by post.

graphed to Returning Officer. 175. Electoral matter may be sent by tele-

129. Scrutiny in Assembly elections. graph.

130. Outlying polling places. 176. A person unable to write may make

131. Returning Officer to ascertain result his mark.

of polling.

177. Forms may be varied.

178. Regulations.

PART XII.-THE RETURN OF THE WRITS.

132. Return of writs.

SCHEDULES.

133. Correction of errors.

134. Extension of time.

WESTERN AUSTRALIA.

ANNO TEILTIO

EDWARD' SEPTIMI REGIS,

XXXV.

*******a***4*****4t*****************W.*****************

No. 20 of 1904.

AN ACT to regulate Parliamentary Elections.

[Reserved 16th January, 1904.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as folloWs:—

PART I.—PRELIMINARY.

1. THIS Act may be cited as the Electoral Act, and shall Short title, com- mencement, and

come into operation on a day to be fixed by proclamation. division.

It is divided into Parts, as follows:

PART	I.—PRELIMINARY, SS. 1-4.
PART	II.—ADMINISTRATION, es. 5-13.

PART III.—ELECTORS, SS. 14-16.

PART IV.—ELECTORAL ROLLS, SS. 17-30.

PART	.—A D DIT I ON S TO ROLLS, TRANSFERS, ALTERATIONS OF ROLLS, SS. 31-42.
1901, No. 20.] Electoral. [3 Enw. VII.

PART VT.—REVISION COURTS, ss. 43-61.

PART VII.—Warrs FOR ELECTIONS, ss. 62-61.

PART VIII.—THE NOMINATIONS, SS. 68-78.

PART	IX.—VOTING BY POST, SS. 79-89.
PART	X.—THE POLLING, ss. 90-121.

PART XL—THE SCRUTINY, Ss. 122-131.

PART XII.—THE RETURN OF THE WRITS, SS. 132-134. PART XIII.—LIMITATION OF ELECTORAL EXPENSES,

ss. 135-138.

PART XIV.—ELECTORAL OFFENCES, SS. 139-158.

PART XV.—DISPUTED RETURNS, SS. 159-113.

PART XVI.—MISCELLANEOUS, ss. 174-178.

Repeal.	2. THE' Electoral Act, 1899, is hereby repealed.
Interpretation.	3. IN this Act, unless the contrary intention appears,—

"Assembly" means the Legislative Assembly.

"Candidate" in Parts II., VI., XIII., and XIV. includes any

person who, within three months before the day of election, offers himself for election as a member of the Council or Assembly.

" Council " means the Legislative Council.

" District " means an Electoral District for the election of a

member of the Assembly.

" Elector " means any person whose name appears on a roll as an elector ;

" Minister " means the responsible Minister of the Crown charged with the administration of this Act ;

" Naturalised " medals naturalised under a law of the United Kingdom or of a Colony which has become a State of the Commonwealth, or of the Commonwealth, or of a State.

" Officer " includes all officers appointed under this Act, or exercising any power or discharging any duty thereunder ; " Parliament " means the Parliament of Western Australia ;

" Prescribed " means prescribed by this Act or by the regula-

tions.

" Proclamation " means a proclamation by the Governor pub- lished in the Government Gazette.

" Province " means an Electoral Province for the election of a member of the Council.

3 Enw. Electoral. [1904, No. 20.

"Registrar " means Electoral Registrar, and includes Deputy

and Assistant Registrar.

" Resident Magistrate " includes Government Resident and

Police Magistrate.

" Returning Officer " includes Deputy Returning Officer.

" Roll" means an electoral roll.

" Special Magistrate " means a Justice of the Peace or other

person specially authorised by the Governor to hold a

Revision Court.

4. FOR the purposes of this Act each District is a division of Division of Pro- vic

the Province in which it is situated.

PART IL—ADMINISTRATION.

5.

THERE shall be a Chief Electoral Officer who shall, under the Minister, be responsible for the execution of this Act.	Chief Electoral
Officer.

6. THERE shall be an Inspector of Parliamentary Rolls. Inspector of Parliamentary Rolls.

The same person may be appointed Chief Electoral Officer and Inspector of Parliamentary Rolls.

7.     THERE shall be an Electoral Registrar, and may be Electoral Registrars.

Assistant Registrars, for each Province and District.

The same person may be appointed Registrar for a Province and for any District within the Province, and for two or more Districts.

The Registrar for a District shall be a deputy Registrar for the Province of which his District is a division.

8.      THERE shall be a Returning Officer for each Province Returning Officers.

and District.

9.      THE Returning Officer for each District shall be a Deputy Deputy Returning

Returning Officer for the Province of which his District is a Officers. division.

10.      NOTICE of every appointment shall be published in the Appointments to be

Government Gazette. gazetted.

11.     NO candidate shall be appointed an officer, and if any Candidates not to be

officers.

officer becomes a candidate he shall thereby vacate his office.

12.      REGISTRARS shall keep forms and, without fee, supply Registrars to keep

them and assist the public in their use. forms.

13. ALL officers administering the electoral laws at the corn- Existing officers,

mencement of this Act are continued in office as if appointed under

this Act.

1904, No. 20.] Electoral. [3 Fn. VII.

PART III.—ELECTORS.

Amendment of	14. SECTIONS fifteen and twenty-six of the Constitution Acts
63 Viet., 19, ss. 15

and 26.	Amendment Act, 1899, are amended by substituting the words " when registered " for the words " when registered for six months."
One vote only for

Assembly. 15. NO person may, at the same time, be registered on more

than one Assembly roll.

No person to be NO person possessing more than one qualification within a

registered more 16.

than once for any	Province is thereby entitled to be registered more than once for that
one Province.	Province.

PART IV.—ELECTORAL ROLLS.

Preparation thereof. 17.

ELECTORAL rolls shall be prepared and kept under

the direction of the Chief Electoral Officer by the Registrar of each

division of a Province, and of each District.

Separate rolls for 18. THERE shall be a separate roll for each Province and

each Province and

District. District.

Form of rolls. 19.

'1'HE rolls may be in the Forms A and B respectively in the Schedule, and shall contain the particulars indicated therein.

Arrangement. 20.

THE rolls shall be arranged in alphabetical order of the surnames of electors 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.

Divisions. 21.

THE roll for each Province shall be divided according to the divisions of the Province.

EVERY person qualified as an elector for a Province If any person holds qualifying property in more divisions than one, he shall be registered in such division as by his electoral claim he may choose.

Registration of 22.

electors for

Provinces.

shall be registered in the division of the Province in which his

qualifying property is situated.

ROLLS shall be printed whenever the Minister so directs.

Printing of rolls. 23.

SUPPLEMENTAL rolls, setting out additions and altera- tions since the last print, shall also be printed in the same manner as the roll immediately after the holding of each Revision Court, and immediately previous to a general election.

Supplemental rolls.	24.
Inspection.	25.

TH E roll and supplemental rolls for each Province and District shall be open for public inspection, without fee, at the Registrar's office, within the prescribed hours, on at least two days in every week, and shall be obtainable at the prescribed price.

3 EDW. VII.] Electoral. [1904, No. 20.

26. THE rolls shall be_ conclusive evidence that the persons Rolls not to be

registered thereon have a right to vote ; and the rolls shall not be qu'stmn't

questioned, except in Courts of Revision and as hereinafter expressly

provided.

.New Rolls.

27. A NEW roll for any Province or District, and new rolls New rolls.

generally, shall be prepared by the Registrars whenever directed by proclamation, and in the manner therein specified, and shall come into force at the date stated in the same or any subsequent proclamation.

28. NEW rolls may be made up from the existing rolls, the now made up.

Commonwealth rolls, the lists of municipal and road board electors, made out pursuant to section thirty-four, and the latest census returns, and any other available source.

29. IN preparing new rolls— Names to be inserted

omitted.

( 'The names of all persons who appear to be qualified shall

be inserted ; and

(2.) The names of all persons

(a.) Who, from information supplied by the Registrar

General of Deaths, appear to be dead ; or

(b.) Who appear to be disqualified; or

(c.) In the case of Assembly rolls, who do not appear

to reside in the District,

shall be omitted.

30. (1.) NOTICE in the Form C in the Schedule shall be Council electors to

given by the Inspector of Parliamentary ltolls to every elector obneerenrnedor is to be registered.

whose name appears on two or more divisions of the roll of any roll only.

(2.) In default of a choice being made by the elector and communicated to the Inspector of Parliamentary Rolls within the time stated in the notice, the Inspector of Parliamentary Rolls shall strike out the name of the elector from every division of the roll except one, to be stated in the notice.

PART V —ADDITIONS To ROLLS, TRANSFERS, AND

ALTERATION OF ROLLS.

31. NEW names may be added to rolls pursuant to—	Additions of new
names.

(i.) Claims; or

(2.) The lists of municipal and road board electors transmitted

to the Registrar in accordance with section thirty-four.

(3.) Applications to transfer:

1904, No. 20.] Electoral. [3 E ow. VII.

Forms of claims. 32. CLAIMS may be in the Form D or F in the Schedule,

and shall be signed by the claimant, and shall be sent to the Registrar of the Province or District in which the claimant desires to vote.

Registration of

claims. 33. IF the claim is in order the Registrar shall, pursuant to the

claim, immediately enter the claimant's name and the particulars

relating to him on the roll, and shall file the claim.

List of municipal or 34. (1.) THE clerk or secretary of every municipality and

road board electors.

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

(a.) Make out separately for every District or portion of a District within the boundaries of the municipality or road district, a list containing, in alphabetical order of surnames, the names of every person on the electoral list of such municipality or road district in respect of property situated within the electoral district and of every person whose name would appear thereon but for non-payment of rates ; and

(b.) Transmit such list in the form and containing the particulars required in Form F in the Schedule, certified under his hand, to the Registrar or Regis- trars of the electoral district or districts within or partly within the boundaries of the municipality or road district, as the case may be.

(2.) The Registrar shall enter on the proper roll for the Province the name and particulars of the qualification of every person who appears by such lists to be entitled to be registered.

Right to transfer.	35. .) ANY elector whose name is on the roll for any Province, and who possesses another sufficient qualification in another division of the same Province, may transfer his name to the division of the roll to which such other qualification relates.
(2.) Any elector whose name is on the roll for any District, and who has resided in any other District for one month, may transfer his name to the roll for the District in which he resides.

Form of transfer. 36. EVERY transfer shall be made by application to transfer

in the Form G or H in the Schedule.

Method of transfer.	The application shall be signed by the elector in the presence of a witness, and shall be sent to the Registrar for the division of the Province or for the District to which the elector's name is to be transferred.
Registration of

transfer. 37. THE Registrar shall-

.) Note on the application to transfer the date of its receipt,

and file it in his office.

3 EDW. VII.] Electoral. [1904, No. 20.

(2.) Register the application by placing the elector's name on

the roll for the division of the Province or for the District.

(3.) Give notice of the transfer to the Registrar for the division

of the Province or for the District from which the elector's

name has been transferred, who shall thereupon remove

the elector's name from the roll.

38. ROLLS may be altered by the Registrar, as follows :— Alteration of rolls.

(I.) By correcting any obvious mistake or omission ;

(2.) By changing, on the written application of the elector,—

(a.) The residence to another within the same District ; (b.) The original name of the elector to an altered

name ;

- ( 3 .)	By substituting for the qualification of an elector on the roll for a Province another sufficient qualification within the same division on the application of the elector in Form G in the Schedule ;
( 4.)	By striking out the names of dead persons ;

(s.) By reinstating any name struck out by mistake as the name of a dead person, and whether struck out by a Revision Court or otherwise.

39.      ON any change in the boundaries of a Province or District, Adjustment of rolls

the Registrar for the Province or District shall make all alterations roileitnlegin

thereby rendered necessary in the roll.

40.      CLAIMS and applications to transfer received by a Time for altering

Registrar not later than fourteen days before the issue of the writ rolls.

may be registered after the issue of the writ, but otherwise no

addition to or alteration of the roll for any Province or District

shall be made during the period between the issue of the writ for

an election in the Province or District and the close of the polling

at the election.

41.     ALL alterations shall be made in such a manner that the Alterations to be

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 alteration.

42.    (1.) THE Registrar General of Deaths shall, in the months Lists of deaths to be

of March, June, September, and December in each year, forward to forwarded'

the Inspector of Parliamentary Rolls a list of the names, addresses,

and occupations of all persons of the age of twenty-one years or

upwards whose deaths have been registered during the preceding

three months. •

(2.) The Registrar of each Province and District shall, on information communicated to him by the Inspector of Parliamentary

1904, No. 20.] Elertoral. [3 EDW. VII.

Rolls, cause the names of the persons specified in the list to be struck off the rolls kept by him, or the Inspector may himself strike off such names.

PART VI.—REVISION COURTS.

Revision Courts. 43. REVISION Courts shall be held at such times and places

as may be fixed by proclamation, and notice thereof shall be given by the Clerk of the Court seven days at least before the holding thereof, by advertisement in a newspaper circulating in the district.

Jurisdiction. 44. THE rolls in respect of which any Revision Court shall

have jurisdiction shall also be fixed by proclamation.

Constitution o

Court. 45. REVISION Courts shall be constituted by,

(a.) A Resident or Special Magistrate ; or

(b.) Two or more Justices of the Peace having jurisdiction

at the place where the Court is held.

No member or

candidate to be 46. NO candidate or member of the Council or Assembly shall

member of Court. be a member of the Court.

Clerk. 47. THE cleric of the nearest Local Court or some other person

to be appointed by the Minister shall be the clerk of the Revision

Court.

Adjournment.	48.	THE Court may adjourn from time to time.
Adjournment when
Court not duly	49.

(i.) IF, within half an hour after the time appointed for the holding of the Court or after the time to which the Court is adjourned, the Court is not duly constituted, any one Justice, or, if no Justice is present, the clerk of the Court, may from time to time adjourn the Court to a future day.

constituted.

Notice of adjourn- (2.) 'The clerk of the Court shall, after every adjournment,

ment.

give public notice thereof by advertisement in a newspaper, or in

some other effective way.

Names on roll may 50. ANY name on a roll may be objected to by notice of

be objected to. objection lodged with the Registrar.

Notice of objection. 51.

THE notice of objection may be in the Form I in the Schedule, and shall be signed by an elector registered on the same roll.

Summons. 52. ON receipt of the notice of objection, the Registrar

shall summon the person objected to to appear to answer the

objection at the Revision Court.

3 EDW. VII.] Electoral. [1904, No. 20.

The summons may be in the Form J in the Schedule, and Form.

shall be served or posted ten days at least before the holding of the Revision Court, and may be served personally or by leaving it at or posting it to the address of the person objected to, appearing on the roll.

THE Registrar may, and it is his duty to summon in

like manner any person whose name he has reason to believe ought

not to be retained on the roll.

Duty to object.

53.

THE Registrar shall, at least ten clays before the sitting or adjourned sitting of the Court, exhibit at the place where the Court is to be held and at any other prescribed places a list, in the Forms K or L respectively in the Schedule, of all objections to be dealt with by the Court. List to be published.

54.

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

claims and objections received and affecting the rolls in respect of

which it has jurisdiction, shall be produced.

Rolla to be produced.

55.

56. EACH Revision Court shall, in open Court, revise the mode of revision.

rolls-

( .) By hearing and determining all objections ;

(2.) By striking out the names of persons shown

(a.) To be dead ;

(b.) Not to be qualified to have their names on the

roll ;

(c.) 'to be disqualified ; or,

(d.) In the case of an Assembly roll, not to reside within

the District ;

( 3 .) By striking out the name of any person entered more

than once as an elector ;

(4.)	By adding to the roll the names of all persons who have claimed to have their names placed on the roll and who are shown to be qualified, but whose names have not been registered; and
( 5 .)	Generally by correcting mistakes and supplying omissions.

57. THE Court shall certify, by indorsement on the roll, that

Certifieste of

revision.

it has been revised.

58. (l.) SERVICE of any summons may be proved by an Proof of service.

indorsement on a copy of the summons, signed by the person by whom

it was served, setting forth the day, place, and mode of service.

1904, No. 20.] Electoral. [3 EDW. VII.

The signature to an indorsement of service shall be prima facie evidence that the indorsement was signed by the person whose

signature it purports to be.

Any false statement in an indorsement of service shall render the person making the same liable, on summary conviction, to imprisonment, with or without hard labour, not exceeding six months.

(2.) No proof of service of the summons shall be required where the person objected to appears.

Appearance. 59.

ANY person authorised, in writing or by telegraph, may appear to resist an objection on behalf of the person objected to, or to support a claim on behalf of a person whose name has not been registered.

Costs. 60.

IF any objection is not established, the Court may award to the person objected to a reasonable sum, not exceeding five pounds, to be paid by the objector for costs; but no costs shall be awarded against an officer.

Execution. 61. ANY costs awarded shall be recoverable as if the award ,,re a judgment of the Local Court at which or nearest to the

place where the Revision Court was held, and the award may be entered as a judgment of the Local Court and enforced accordingly.

PART VII.—WRITS FOR ELECTIONS.

The Writs.

Form of writs. 62. WRITS for the election of members of the Council or

Assembly may be in the Form M in the Schedule, and shall fix the dates for

(1.) The nomination ; (2.) The polling ; and (3.) The return of the writ.

Date of nom ation. 63. THE date fixed for the nomination of candidates shall not

be less than seven nor more than thirty days from the date of the

writ, but the time may be.extended by the person issuing the writ.

THE date fixed for the polling shall not be less than seven days nor more than thirty days after the date of nomination.

Date of polling. et

Date of return of 65. THE date fixed for the return of the writ shall be not

writ.

more than sixty days after the issue of the writ, but the time may

be extended by the person issuing the writ:

3 EDW. VII.] Electoral. [1904, No. 20.

66. WRITS shall be addressed to the Returning Officer for the Address of writs,

Province or District for which an election is to be held.

67. ON the•receipt of a writ, the Returning Officer to whom it Duty of Returning

is directed shall—	writ.
Officer on receipt of

(I.) Indorse thereon the date of its receipt ;

(2.) Advertise its receipt and particulars in a newspaper circulating in the Province or District, or by placards or otherwise, and the dates fixed for the nomination and the polling, and the places at which the poll will be taken ; and

(3.) In the case of a Council election, forward a copy of the writ to each Deputy Returning Officer.

PART VIII.—THE NOMINATIONS.

68. N 0 person shall be capable of being elected as a member of Candidates must be

the Council or A ssembly unless duly nominated. nominated.

69. NOMINATIONS may be in the Form N in the Schedule, Mode of nomination.

and shall be addressed to the Returning Officer, and be signed by and set forth the place of residence and occupation of the candidate.

70. IT shall suffice if the nomination paper is lodged at any Nominations may be

telegraph office, and the contents are communicated to the telegraphed.

Retaining Officer by telegraph.

71. NO nomination shall be valid unless— Requisites for omi -

(i.) The nomination paper or nomination by telegraph is nation.

received by the Returning. Officer after the issue of the

writ and before the hour of nomination ; and

(2.) The person nominated, or sonic person on his behalf,

deposits the sum of twenty-five pounds in money

(a.) With the Returning Officer at or before the hour

of nomination ; or

(b.) At the Treasury in Perth, in which case notice from the Under 'Treasurer that the money is deposited must be received by the Returning Officer before the hour.of nomination.

72. NO nomination paper shall be rejected by reason of any Formal defects.

defect or error therein, if the Returning Officer is satisfied that the provisions of this Act have been substantially complied with.

73. THE deposit made by or on behalf of a 1)erson nominated Deposit to be for-

shall be retained pendin o. the election, and, after the election, shall be foitod in certain pending ruses.

1904, No. 20.] Electoral. [3 EDW. VII.

returned, unless the person on whose behalf it was made fails to obtain at the election more than one-fifth of tile number of votes polled by the successful candidate, or if more than one, by the successful candidate who obtained the smallest number of votes at the election, in which case it shall be forfeited to the King. On the death of a candidate before the election, the deposit made by or on behalf of such candidate shall be paid to his legal representative.

Place of nomination. 74, '1 HE chief polling place for the Province or District, as

the case may be, shall be the place of nomination.

Hour of nomination. 75. TWELVE o'clock noon on the day of nomination shall

be the hour of nomination, and the Returning Officer shall then attend at the place of nomination and publicly produce all nomina- tion papers received by him, and declare the names and residences of all candidates nominated.

Proceedings onnomh 76.

THE Returning Officer shall declare the candidates nomi- nated duly elected if no greater number are nominated than are required to be elected ; but otherwise the proceedings shall stand adjourned to polling day.

nation day.

Death of candidate 77.

IF after the nominations have been declared, and before polling day, any candidate dies, and the candidates remaining are not greater in number than the candidates required to be elected, they shall forthwith be declared to be elected and the writ returned.

after nomination.

Failure of election. 78.

WHENEVER an election wholly or partially fails, a new writ shall forthwith be issued for a supplementary election.

An election shall be deemed to have wholly failed if no candidate is nominated or returned as elected.

An election shall be deemed to have partially failed whenever one or more candidates is or are returned as elected, but not the full number required to be elected.

PART IX.—VOTING BY POST.

Voting by post. 79. ANY elector

(i.) Who intends to he absent from the State on polling

day ; or

(2.) Who has reason to believe that he will, on polling day, be more than five miles from a polling place at which he is entitled to vote ; or

(3.) Who, being a woman, believes that she will, on account of ill-health, be unable on polling day to attend a polling place to vote ; or

3 Enw. VII.] Elertoral. [1904, No. 20.

(4.) Who will be prevented by serious illness or infirmity from attending a polling place on polling day

may, after the issue of the writ, attend before a Resident Magistrate or other person appointed by the Minister in that behalf (in the seven next following sections referred to by the term " officer ") and vote by post.

80. THE officer shall Procedure.

(i.) Write on a counterfoil the name of the Province and division thereof, or the District for which the applicant claims to vote, together with the name and address of the applicant ; and

Sign the back of a postal ballot-paper bearing the same number as the counterfoil, and, on the face thereof, write the name of the Province and division thereof or the District as on the counterfoil ; and

(3.) Give the ballot-paper and an envelope to the elector.

may put to the elector any question which a presiding officer might put to elector. 81.. BEFORE giving a ballot-paper to the elector, the officer Questions may be

put to him.

82. THE elector shall then— Mode of voting.

( I.) Write on the ballot-paper the name of the candidate, or if more than one candidate is to be elected, the names of the candidates for whom he votes, but so that the officer shall not see the vote ; and

(2.) Fold up the ballot-paper and, in the presence of the officer, put it into an envelope, seal up the envelope and hand it to the officer.

83.    THE officer shall then write " Ballot-paper " on the Ballot paper to be

envelope, and shall put the counterfoil into another envelope sent to Returning	' fficer.
and seal it up and write " Counterfoil" thereon, and shall forth- with send both envelopes, enclosed in an envelope, by post or otherwise, to the Returning Officer of the division of the Province or of the District in which the elector is entitled to vote.

84.      WHERE any elector who has received a ballot-paper Voter whose sight

satisfies the officer that his sight is so impaired that he is unable to is imPairect

vote without assistance, such officer may, and at the request of such

elector shall, write on the ballot-paper the name of the candidate as

such elector may designate, and enclose the ballot-paper in the

envelope.

1904, No. 20.] Electoral. [3 EDIT. VII.

Duty of Returning

THE Returning Officer, on receipt of any such envelopes,

.) During or immediately after the close of the poll, in the

presence of the scrutineers, proceed to open them ; and

(2.) If satisfied, by. comparing each counterfoil with the roll,

that the person named is entitled to vote, shall, as he

takes out each ballot-paper from its envelope, without

Officer with regard 85.

to such ballot-	shall retain them in his possession and-
papers.

unfolding it, deposit it in the ballot-box.

Applicant not to ANY person who has applied to an officer for the purpose of voting under the seven last preceding sections, and has complied with the provisions thereof, shall not be entitled to vote otherwise at the election, although the said envelopes may not have been sent to the Returning Officer, or although they may have miscarried.

vote otherwise at	86.
election.
Officer to decide.	87, THE decision of the officer conducting the scrutiny as to

the allowance or disallowance of airy postal vote shall be subject only

to review by the Supreme Court under Part XV.

Mistakes. 88. NO postal vote shall be rejected because the surname only

of a candidate has been written thereon, if no other candidate has the same surname ; nor by reason of any mistake in spelling where the elector's intention is clear.

Forms. 89. THE ballot-paper and counterfoil shall be in the Form 0

in the Schedule.

PART X.—THE POLLING.

Chief polling place. 90. THE Governor may, by proclamation

(I.) Appoint a chief polling place for each 'Province and

District ; •

( 2 .)	Declare that any such polling place shall cease to be a
polling place:

But no polling place shall be so closed after the issue of the writ and before the time appointed for its return.

Other polling

THE Returning Officer may appoint such other polling places for each Province and District as he thinks necessary.

places. 91.

IF the proceedings on the day of nomination stand ad-

journed to polling day, the Returning Officer shall immediately

make all necessary arrangements for taking the poll.

92.

Each Deputy Returning Officer may perform the duties of a Returning Officer in the division of the Province to which he is appointed.

3 EDW. VII.] Electoral. [1904, No. 20.

93. IN particular the Returning Officer shall—

Duty of Returning

Officer.

(l.) Appoint a presiding officer to preside at each polling place at which he will not be continuously present ;

(2.) Appoint all necessary poll clerks and doorkeepers ;

(3.) Provide and furnish proper polling booths and ballot-

boxes ;

(4.) Provide ballot-papers and copies of the roll.

94. THE Returning Officer shall be the presiding officer at Presiding officer.

the chief polling place.

95. ANY presiding officer may appoint a substitute to perform Substitute.

his duties during his temporary absence, and may appoint one or more assistant presiding officers to assist him in presiding at any polling booth, and any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of his powers.

96. NO part of any premises licensed for the sale of intoxi- No licensed promises

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

97. ALL buildings under the control of the Government, or Certain buildings to

the property of Municipal Corporations or Road Boards, and all	be used free.
Agricultural Halls, Miners' Institutes, and other 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 nomination proceedings or poll.

98. POLLING booths shall have separate voting comport- Separate compart-

ments, constructed so as to screen the voters from observation while

ments.

they are marking their ballot-papers, and each compartment shall be

furnished with a pencil for the use of voters.

99. EACH polling booth and sub-division of a polling booth Ballot-boxes.

shall be provided with a ballot-box having both an inner and an outer cover; with a lock and key to each, and with a cleft in the inner cover for receiving the ballot-papers.

100. COPIES of the roll shall, before the hour for commencing copies of roll.

the poll, be signed by the Returning Officer and delivered to the

presiding officers for their guidance during the poll.

101. BALLOT-PAPERS may be in the Form P in the Ballot-paper.

Schedule.

102. IN printing the ballot-papers— Ballot-papers.

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

printed in alphabetical order according to their sur-

names;

1904, No. 20.] Electoral. [3 Enw. VII.

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

(3.)	A. square shall be printed opposite the name of each
candidate.

Ballot-papers 103. NO ballot-paper shall be delivered to any voter without

initialed.

being first initialed by the presiding officer, and an exact account

shall be kept of all initialed ballot-papers.

The initials of the presiding officer shall be placed on the back

of the ballot paper in such a position as to be easily seen when the

ballot paper is folded, so as to conceal the names of the candidates.

Scrutineers. 104. SCRUTINEERS may be appointed by candidates to

represent them at polling places during the polling, but so that not more than one scrutineer shall be allowed to each candidate at each polling booth or subdivision of a polling booth.

Appointments of scrutineers shall be made by written notice to the Returning Officer, signed by the candidate, giving the names and addresses of the scrutineers, or without such notice by permis- sion of the Returning Officer.

Persons present at 105. NO candidate shall in any way take part in the conduct

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

The polling.. 106. THE polling shall be conducted as follows:

(I.) 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 eight o'clock in the morning, and shall not close until all electors present in the polling booth at seven o'clock in the evening, and desiring to vote, have voted:

(3.) At the close of the poll the presiding officer shall publicly close, fasten; and seal the outer cover of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny ; and it shall on no account be opened except as allowed by this Act.

3 EDW. VII.] Electoral. [1904, No. 20.

107. AN elector shall only be entitled to vote in elections for Assembly electors

the Assembly for the District in which he resides, and for which he	which they reside.
to vote in district in
is registered:
Provided that an elector who has changed his place of residence to another District may, until his name is transferred to another roll, vote for the District in which his name continues registered for three months after he has ceased to reside in the District.

108. EVERY person claiming to vote at any polling booth Persons claiming to

vote to give name,

shall— etc.

( State his surname and other names ; and

(2.) If so desired by the presiding officer, state 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.

109. THE presiding officer may, and at the request of any Clmllenge of voter.

scrutineer shall, put to any person claiming to vote all or any of the

following questions :—

( Are you the person whose name appears as [here state name under which the person claims to rote] on the roll

for this Province [or District]?

(2.) Are you of the full age of twenty-one years?

(3.) Have you already voted, either here or elsewhere, at this

election ? [In elections for the Council add "for this

Province."]

(a.) Are you disqualified from voting ?

110. IF any person refuses to answer fully any such question consequence of

put to him by the presiding officer, or fails by his answer to satisfy answers.

the presiding officer that he is entitled to vote, his claim to vote

shall be rejected.

111. THE voter's answer to the questions shall be conclusive, Answer conclusive.

and the matter shall not be further inquired into during the polling.

of a wrong name other than the surname, or address or occupation, feit vote. 112. NO omission of any name other than the surname, or entry Errors not to for-

and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the presiding officer ; and no female elector shall be disqualified from voting under the name appearing on the roll because her surname has been changed by marriage.

the copy of the roll, and his right to vote is not challenged, or, if handed to elector. 113. IF the name under which the person claims to vote is upon Ballot-paper to be

challenged, he answers the prescribed questions satisfactorily, the presiding officer or a poll clerk shall hand to him a ballot-paper duly initialed, but the presiding officer shall, at the request of any scrutineer, take a note of any objection and keep a record thereof.

1904, No. 20.] Electoral. [3 Easy. VII.

Roll to be marked	114. IMMEDIATELY upon handing the ballot-paper to the
on voting-paper

being issued.

person claiming to vote, the officer shall place a mark against the

person's name on the copy of the roll.

Vote to be marked 115. UPON receipt of the ballot-paper the voter shall, without ( .) Retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper in the manner hereinafter described ;

in private. delay,—

(2.) Fold the ballot-paper so as to conceal the names of the candidates, but to disclose the initials of the presiding officer, and exhibit it so folded to the officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box ;

(3.) Quit the booth.

Assistance to blind 116. IF any voter satisfies the presiding officer that he is unable to

voters. read, or that his sight is so impaired that he is unable to vote without assistance, the presiding officer shall mark, fold, and deposit his ballot-paper for him.

Spoilt ballot-papers. 117. IF any voter satisfies the presiding officer, before his ballot-

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 ballot-paper from the presiding officer, who shall there and then destroy the spoilt ballot-paper.

How votes to be

marked. 118. THE voter shall indicate his vote by making a cross

On his ballot-paper in the square opposite the name of the candidate

for whom he votes.

If two or more candidates are to be elected, the voter shall vote for the full number of candidates to be elected, and shall make a cross in the square opposite the name of each candidate for whom he votes.

Council elector may 119. ANY elector on the roll for a division of a Province

vote in any division. may vote in any division of the Province.

Adjournment of	120. THE presiding officer may adjourn the polling from day
polling on account

of riot.

to day in any case where the polling is interrupted or obstructed by

not or open violence.

Adjournment in 121. IF from any cause any polling place is not opened on

other cases. polling day, the Returning Officer or the presiding officer may adjourn the polling for a period not to exceed seven days, and shall forthwith give public notice of the adjournment.

PART XI. —THE SCRUTINY.

Scrutiny. 122. THE result of the polling shall be ascertained by scrutiny.

3 ED W. VII.1 Electoral. [1904, No. 20.

123. THE scrutiny shall be conducted as follows: How conducted.

(i.) It shall commence as soon as practicable after the closing

of the poll:

(2.) The scrutineers and any persons approved by the officer

conducting the scrutiny may be present:

(3.) All the proceedings at the scrutiny shall be subject to the inspection of the scrutineers:

(4.) All informal votes shall be rejected, and the number

recorded :

(s.) The scrutiny may be adjourned as may be necessary until

the counting of the votes is complete.

124. EACH candidate may appoint one scrutineer to represent Power to appoint scrutineers.

him at the scrutiny, at each place where the scrutiny is conducted.

•

125. ANY scrutineer may object that any ballot-paper is &rutine may

informal, and thereupon the officer conducting the scrutiny shall object informatelo vote as .r l

mark the ballot-paper " admitted " or " rejected," according to his decision on the objection ; and such decision shall be final, subject only to reversal by a Judge under the provisions of Part XV.

126. A BALLOT-PAPER shall be informal if- Informal ballot

.) It is not initialed by the presiding officer, or, in the case

of a postal ballot-paper, signed by the officer authorised

to take the vote ; or

papers.

In elections for the Council it has (not being a postal ballot-paper) crosses in squares opposite the names of a greater or less number of candidates than the number required to be elected, or being a postal ballot-paper it has a greater or less number of names written on it than there are candidates required to be elected ; or

In elections for the Assembly it has (not being a postal

(3.) ballot-paper) crosses in squares opposite the name of more than one candidate, or being a postal ballot-paper it has the name of more than one candidate written on it ;

(4 .) It has upon it any mark or writing not authorised by this Act to be put upon it which, in the opinion of the Returning Officer, will enable any person to identify the voter.

A ballot-paper shall not be informal by reason only

(s.) That the names of the candidates for whom the voter does not vote are struck out ; or

(6.) That a cross placed opposite the name of a candidate is not within the square, if in the opinion of the officer conducting the scrutiny the intention of the voter is clearly indicated; or

1904, No. 20j Electoral. [3 EDW. VII.

(7.) Of the omission of the voter to make a cross in the square opposite the name of the candidate, or, in elections for the Council, when two or more candidates are to be elected, the names of the candidates for whom he votes, if the names of the candidates for whom he does not vote are struck out.

Preservation of 127. ALL ballot-papers used for voting shall be preserved as

ballot-papers.

and in such custody as shall be prescribed until the election can be

no longer questioned, when they shall be destroyed.

Scrutiny in Council 128. (i .) IN elections for the Council the scrutiny shall be

elections.

conducted by the Returning Officer and Deputy Returning Officers,

as follows:—

Procedure at

(a.) The Returning Officer shall open all ballot-boxes

scrutiny.

except those opened by Deputy Returning Officers.

(b.) Each Deputy Returning Officer shall open all ballot-

boxes from the polling places within his division.

(c.) The Returning Officer and Deputy Returning Officers shall count all the votes found in the boxes opened by them respectively, rejecting all informal ballot- papers, and shall make and keep a record of the number of votes counted by them from such boxes respectively.

Deputy Return-	(2.) Each Deputy Returning Officer shall seal up all ballot-
ing Officers forward

writ and ballot-	papers counted by him, and shall certify by indorsement on the copy
papers to Returning	of the wilt received by him the number of votes given for each
Officer.	candidate within the division for which he acts, and shall transmit the ballot-papers so sealed and the copy writ so indorsed to the Returning Officer.

Results of polling (3.) A Deputy Returning Officer may communicate to the

may be telegraphed Returning Officer by telegraph the number of votes recorded for each

to Returning Officer.

candidate within the division for which he is appointed; and the Returning Officer, in ascertaining the result of the poll, may act upon the information so received.

Scrutiny in 129. IN elections for the Assembly, the scrutiny shall be

Assembly elections. conducted by the Returning Officer.

Outlying polling

130. (r.) THE Governor may appoint Assistant Returning

(a.) In outlying portions of a division or District; or

(b.) Where the polling place is so far distant from the

places.

Officers to ascertain the result of the polling at any one or more

polling places

chief polling place that it is necessary so to do to ascertain the result of the election with expedition.

3 Easy. VII.] Electoral. [1904, No. 20.

(2.) Assistant Returning Officers shall

(a.) Ascertain the result of the polling at the polling place

or places to which they are appointed ;

(b.) Transmit by telegraph or other expeditious means to the Returning Officer for the division or District, as the case may be, the number of votes received for each candidate ;

(c.) Seal up all ballot-papers counted and transmit them

to the Returning Officer.

131. ( .) THE Returning Officer for the Province or the Returning Officer

District, as the case may be, shall, in manner hereinbefore provided, of	to as c tain
ascertain the total number of votes polled for each candidate.

(2.) In the event of an equality of votes, the Returning Officer

shall give a casting vote for the purpose of deciding the election,

but otherwise shall not vote.

(3.) The candidate who receives the greatest number of votes, or the candidates to the number required to be elected who receive the greatest number of votes, shall be elected.

PART XII.—THE RETURN OF THE WRITS.

132. AS soon as conveniently may be after the result of the Return of writs.

election has been ascertained, the Returning Officer shall,

(f .) At the chief polling place, declare the result of the election and the name of the candidate or the names of the candidates elected;

(2.) By indorsement under his hand certify on the original writ the name of the candidate or the names of the candidates elected, and return the writ according to its exigency.

133. ANY delay, error, or omission in the printing, preparation, Correction of errors.

issue, transmission, or return of any roll, writ, ballot-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 sufficient.

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

for any election, the person causing the writ to be issued 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

(i.) Public notice shall be immediately given in the Province or District in which the election is to be held of any extension of the time for holding the election :

1904, No. 20.] Electoral. [3 EDW. VII.

(2.) No polling day shall be postponed under this section at

any time later than seven days before the time originally

appointed.

PART XIII.—LDIFTATION OF ELECTORAL EXPENSES.

Rates of expendi- 135. NO electoral expense shall be incurred or authorised by a

ture. candidate in respect of any candidature

(1.) In elections for the Council in excess of five hundred

pounds ;

(2.) In elections for the Assembly in excess of one hundred

pounds.

Expenses allowed. 136. NO electoral expense shall be incurred or authorised

except in respect of the following matters :-

(i.) Printing, advertising, publishing, issuing, and distributing

addresses by the candidate and notices of meetings ;

(2.) Committee rooms ;

(3.) Public meetings and halls therefor ;

(4.) Scrutineers ;

(5.) Election agents.

Electoral expenses. 137. "ELECTORAL expense" includes all expenses incurred by

or on behalf of any candidate at or in connection with any election, excepting only the cost of electoral rolls, stationery, postages, rent of halls belonging to any public body, and the personal and reason- able living and travelling expenses of the candidate.

Returns. 138. WITHIN three months after the result of any election

has been declared, every candidate at the election shall sign before a Justice of the Peace and file with the Chief Electoral Officer a true return of his electoral expenses, showing

(1.) All electoral expenses paid;

(2.) All disputed or unpaid claims for electoral expenses.

The return may be in the Form Q in the Schedule, and shall be accompanied by a receipted bill of particulars vouching each payment of two pounds or more.

PART XIV.—ELECTORAL OFFENCES.

Offences. 139. TO secure the due execution of this Act and the purity of

elections the following acts are hereby prohibited and penalised :—

(I.) Breach or neglect of official duty :

(2:) Illegal practices, including

(a.) Bribery ;

(b.) Undue influence:

(3 .) Electoral offences.

3 EDW. VII.] Electoral. [1904, No. 20.

140. " BREACH or neglect of official duty " includes— Breach or neglect

(1.) Any attempt by any officer to influence the vote of any by officers.

elector, or, except by recording his vote, the result of

any election :

(2.) The disclosure of any knowledge officially acquired by any officer touching the vote of any 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.

(4.) Any disclosure by any person authorised to mark the vote of an elector on a postal ballot-paper touching the vote of the elector.

Breach or neglect of official duty is punishable by a penalty not exceeding two hundred pounds, or by imprisonment not exceeding one year.

141. WHOEVER— Bribery.

(i.) Promises, or offers, or suggests any valuable considera- 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, any candidate, or any promise of any such vote, omission, support, or opposition ;

tion, advantage, recompense, reward, or benefit for or (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 any valuable consideration, advantage, recompense, reward, or benefit for bribery,

shall be guilty of bribery.

142. 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 a view to influence the vote of an elector.

143. WHOEVER— Undue influence.

( l .) Threatens, offers, or suggests any violence, injury, punish- ment, damage, loss, or disadvantage 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 any candidate, or any promise of any vote, omission, support, or opposition ;

1904, No. 20.] Electoral. [3 Enw. VII.

(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 ;

(3.) Or contravenes the provisions of Part XIII. of this Act

relating to the limitation of electoral expenses ;

(4.) Or, being a candidate, personally solicits the vote of any

elector on polling day ;

(5.) Or, being a candidate, attends at any meeting of electors

held for• electoral purposes on polling day,

shall be guilty of undue influence.

Definition. 144. WITHOUT limiting the effect of the general words in

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

NO declaration of public policy or promise of public action shall be deemed bribery or undue influence.

Exception. 145.

Illegal practices. 146. IN addition to bribery and undue influence, the following

shall be illegal practices :—

( Any publication of any electoral advertisement, hand-bill, or pamphlet, or any issue of any electoral notice without at the end thereof the name and address of the person authorising the same, and on the face of the notice the name and address of the person authorising the notice ;

(2.) Printing or publishing any printed electoral advertise- ment, hand-bill, or pamphlet (other than an advertise- ment in the newspaper) without the name and place of business of the printer being printed at the foot of it.

(3.) Any contravention by a candidate of the provisions of Part XIII. of this Act relating to the limitation of electoral expenses.

Punishment. 147. .) ANY illegal practice shall be punishable as follows:

(a.) Bribery or undue influence by a penalty not exceeding two hundred pounds, or by imprisonment not exceeding one year ;

(b.) Any other illegal practice by a penalty not exceeding one hundred pounds, or by imprisonment not exceeding six months ;

(2.) If any candidate is convicted of bribery or undue

influence, or if it is found by the Supreme Court, on a disputed

return, that any candidate has been guilty of bribery or undue

3 Enw. Electoral [1904, No. 20.

influence, he shall be disqualified from election to Parliament for

one year, and his election (if a successful candidate) shall be void.

148. THE matters mentioned in the first column of the table Electoral offences.

at the foot of this section are electoral offences punishable as pro- vided in the second column of the table opposite the statement of the offence.

Table of Electoral Offences and Punishments.

Pirst Columu.—Offences. Second Collunn.—Punishments.

Forgini", or uttering knowing the same to he Imprisonment not exceeding two

forged, any•nomination or ballot-paper t years.

Personating any person to secure a Imprisonment not exceeding one

ballot-paper to which the personator is not

year.

entitled, or personating any other person

for the purpose of voting

Fraudulently destroying or defacing any nomi- Imprisonment not exceeding one

nation or ballot paper year.

Fraudulently putting any ballot or other paper Imprisonment not exceeding six

into the ballot-box months.

Fraudulently taking any ballot-paper out of Imprisonment not exceeding six

any polling booth months.

In any polling booth on polling day miscon- Penalty not exceeding fifty

ducting himself, or failing to obey the lawful	pounds, or imprisonment not
directions of the presiding officer	exceeding one month.

Supplying ballot-papers without authority .. Imprisonment not exceeding six

months.

Unlawfully destroying, taking, opening, or Imprisonment not exceeding six

otherwise interfering with ballot-boxes or	months.
ballot-papers

Voting more than once at the same election	Penalty not exceeding fifty pounds, or imprisonment not exceeding three months.
Wagering on the result of any election	Penalty not exceeding fifty

pounds.

Wilfully defacing, mutilating, destroying; or removing, any notice, list, or other docu- ment affixed by any Returning Officer or by his authority	Penalty not exceeding two pounds.
Wilfully making any false statement in any	Imprisonment nut exceeding two

claim, application, return, or declaration, or	years.
in answer to a question under this Act

1904, No. 20.] ,Electoral. [3 EDW. VII.

Table of Electoral Offences and Punishments--continued.

First Column.—Offences. Second Column.—Punishments.

Distributing any advertisement, handbill, or Penalty not exceeding fifty

pamphlet published in contravention of	pounds, or imprisonment not
section one hundred and forty-six	exceeding one month.

Being the clerk or secretary of a municipality Penalty not exceeding twenty

or road board neglecting to transmit to the	pounds.
Registrar a true list of electors as required by section thirty-four.

Any contravention of this Act for which no Penalty not exceeding fifty

other punishment is provided pounds.

WHOEVER in any polling place on polling day misconducts himself, or fails to obey the lawful directions of the presiding officer, may be removed from the polling place by any constable or by any person authorised by the presiding officer.

Offender may be 149.

removed from

polling booth.

Further punish- 150. ANY person so removed re-entering or attempting to

ment.	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.
Expenditure on

IF any person purporting to act for and on behalf of a candidate incurs or authorises any electoral expense without the written authority of the candidate or of his agent authorised in writing, he shall be guilty of a contravention of this Act.

behalf of a 151.

candidate.

Liability for in- 152. EVERY person shall be liable for an illegal practice

direct acts.

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

on his behalf, and with his knowledge and authority.

Attempts. 153. ANY attempt to commit an offence against this Act shall

be an offence against this Act punishable as if the offence had been

committed.

Certificate evidence. 154. ON any prosecution under this Act the certificate of the

Chief Electoral Officer or a Returning Officer that the election mentioned in the certificate was duly held, and that the person named in the certificate was a candidate at the election, shall be evidence of the matter stated.

Hard labour may be 155. WHERE imprisonment may be awarded for an offence

awarded. against this Act, it may be awarded with or without hard labour.

Indictable offences. 156. OFFENCES against this Act punishable by imprisonment

exceeding one year are indictable offences.

3 Enw. VII.] Electoral. [1904, No. 20.

157.	ALL offences against this Act which are not indictable	tion.
Summary convic-

offences shall be punishable on summary conviction.

158. ON and after the commencement of this Act, nothing to apply to Parlia-Criminal Code not

contained in Chapter XIV. of the Criminal Code shall apply to	mentary elections.
Parliamentary elections.

PART X.V.—DISPUTED RETURNS.

159. THE validity of any election or return may be disputed Met hod of dis-

pu e. tin g l ections

by petition addressed to the Supreme Court, and not otherwise, and the Supreme Court shall have jurisdiction to hear and determine the same.

160. EVERY petition disputing an election or return, in this	Requisites of
petition.

Part of this Act called the petition, shall-

( I.) Set out the facts relied on to invalidate the election or

return ; (2.) Contain a prayer asking for the relief the petitioner

claims to be entitled to ;

(3.) Be signed by a candidate at the election in dispute;

(4.) Be attested by two witnesses whose occupations and

addresses are stated;

(5.) Be filed in the Central Office of the Supreme Court

within forty days after the return of the writ.

161. AT the time of filing the petition the petitioner shall Deposit as security

deposit with the Master of the Supreme	Court the sum of for costs.
fifty pounds as security for costs.

162. NO proceedings shall be had on the petition unless the	No proceedings
unless requisites

requirements of the preceding sections are complied with. complied with.

163. THE Court shall be constituted by a Judge sitting in Constitution ofCourt.

open Court, and its powers shall include the following: Powers.

(l.) To declare that any person who was returned as elected

was not duly elected;

(2.) To declare any candidate duly elected who was not returned

as elected;

(3.) To declare any election absolutely void;

(4.) To dismiss or uphold any petition, in whole or in part;

(5.) To award costs.

164. THE Court shall inquire whether or not the requisites Inquiries by Court.

of section one hundred and sixty have been observed, and, so far as rolls and voting are concerned, may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the roll to be correct ; but the Court shall not inquire into the correctness of any roll.

1904, No. 20.] Electoral. [3 EDW. VII.

Procedure. 165. THE Court shall be guided by the substantial merits and

good conscience of each case without regard to legal forms or

technicalities.

NO election shall be avoided on account of any delay in

Immaterial errors	166.
not to vitiate

election. the declaration of nominations, the polling, or the return of the writ, or on account of the absence or error of any officer which shall not be proved to have affected the result of the election.

Decisions to be 167. ALL decisions of the Court shall be final and conclusive

final.	without appeal, and shall not be questioned in any way.
Copies of petition,

etc., to be sent to 168. THE Master of the Supreme Court shall forthwith, after

House affected. the filing of the petition, forward to the Clerk of the House of Par- liament affected by the petition a copy thereof, and, after the trial of the petition, shall forthwith forward to such Clerk a copy of the order of the Court.

Deposit applicable 169. IF costs are awarded to any party against the petitioner,

for costs,

the deposit shall be applicable in payment of the sum ordered, but

otherwise the deposit shall be repaid to the petitioner.

Other costs. 170. ALL other costs awarded by the Court, including any

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

Effect of decision. 171. EFFECT shall be given to any decision of the Court as

follows:—

(l .) If any person returned is declared not to have been duly elected, he shall cease to be a Member of the Council or Assembly ;

(2.) If any person not returned is declared to have been duly

elected, he may take his seat accordingly ;

(3.) If any election is declared absolutely void a new election

shall be held.

Power to make rules 172. THE Judges of the Supreme Court or any two of them	of Court. may make Rules of Court not inconsistent with this Act for carrying this part of this Act into effect, and in particular for regulating the practice and procedure of the Court, the forms to be used, and the fees to be paid by parties.
the Parliament. Houses of Parliament within forty days next after it is made if To be laid before 173. EVERY Rule of Court shall be laid before both

3 Enw. VII.] Electoral. [1904, No. 20.

Parliament is then sitting, or if Parliament is not then sitting then within forty days after the next meeting of Parliament.

If an address is presented to the Governor by either House of Parliament within the next subsequent forty sitting days of the House praying that any such rule may be annulled, the Governor may thereupon annul the same.

The rule so annulled shall thenceforth become void and of no effect, but without prejudice to the validity of any proceedings which have in the meantime been taken under it.

PART XVI. —MI S C ELL A N E0 U S.

174. ALL electoral papers transmitted through the post, if	be sent by post.
Electoral matter to

duly addressed, shall, on proof of posting, be deemed to have been duly served on and received by the person to whom they were addressed on the day when, in the ordinary course of post, they should have been received at his address.

175. IN all cases where it is impracticable to communicate any y Electoral matter

ma be sent by

electoral matter by post without occasioning g undue delay, .y a tele graph.

telegraphic advice communicated in the ordinary course shall suffice for all the purposes of this Act as if the matter telegraphed had been communicated in manner provided by this Act.

176.       ANY person required by this Act to sign his name may, A person unable to

on satisfying all officer that he is unable to write, make his write may make his	mark.
distinguishing mark, which shall be witnessed by the officer.

177.      THE forms in the Schedule may be varied as the Forms may be

circumstances of the case may require. varied.

178.      THE Governor may make regulations 'for carrying Regulations.

out this Act. All such regulations shall be notified in the Government

Gazette, and shall thereupon have the force of law.

All such regulations shall be laid before both Houses of Parliament within thirty days after the making thereof if Parliament is then sitting, and if not, then within thirty clays after the next meeting of Parliament.

1904, No. 20.] Electoral. [3 Enw. VII.

Section 19. The Schedule.

Form A.

The Electoral Act.

LEGISLATIVE COUNCIL ELECTORAL ROLL.

] Electoral Province, [ ] Division.

Other names	Qualification	Remarks
Remark

Surname of of each and where and

SSex.	Residence.
R id Occupation.

each Elector. Elector at full property initials to

length. situated. alterations.

Section 19. Form B.

The Electoral Act.

LEGISLATIVE ASSEMBLY ELECTORAL ROLL.

Electoral District.

Other names Remarks

Surname of each of each and

Sox. Residence. Occupation.

Elector.	Elector at	initials to
full length.	alterations.

3 EDW. 1/II.1 Electoral. [1904, No. 2

Form C. Section 30.

The Electoral Act.

To (Name and address of Elector).

( 1 .)

Take notice that your name appears on the several Divisions of the Electoral Roll stated below in respect of the qualifications mentioned :—

Roll. 0onlification.

PROVINCE

] Division

] Division

Division

(z.) You are only entitled to be registered on one Division of the Roll, and you are therefore required to choose for which Division you wish to continue

registered.

( 3 .) In default of a claim being made by you and communicated to me by letter

or telegraph within days from this date, your name will be struck

off every division except the [ ] Division.

Dated the day of , 190 .

inspector of Parliamentary Rolls.

Form D. Section 32.

The Electoral Act.

LEGISLATIVE COUNCIL.

ELECTORAL CLAIM.

] Province, [ ] Division.

To the Electoral Registrar,

I. I claim to have my name placed on the Electoral Roll for the [ ]

Province, [ ] Division.

2. I am of the age of twenty-one years.

3. I am a natural born [or naturalised] subject of His Majesty.

4. I am au inhabitant of Western Australia and have continuously

resided therein for six months.

1904, No. 20.] Electoral. [3 EDW. VII.

Section 30. Form B.

The Electoral Act.

APPLICATION TO TRANSFER.

(ASSEMBLY ROLL).

Surname

Other names at full length

Sex

Present Residence

Occupation

formerly residing at [here insert place] in the Electoral District of

having bona fide changed my residence, and resided at within the Electoral

District of for not less than one month, do hereby apply to have my name transferred to the Electoral Roll for the last-mentioned Electoral District.

Dated this day of , 19 .

(Signature.)

Witness

Section 51. Form I.

The Electoral Act.

NOTICE OF OBJECTION.

To the Electoral Registrar.

I object to the name of [here insert the name, residence, and occupation of person objected to, as in the roll] being retained on the Electoral Roll for the [

Electoral Province [or the Electoral District of (	) ] on the ground
that [here state grounds of objection].

Dated this day of , 19 .

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

Section 52. Form J.

The Electoral Act.

SEMTIONS.

Mr.

You are required to appear at the sittings of the Revision Court to be held at [here insert name of place where Court is to be held] on the

day of , 19 , at the hour of o'clock in the

to show cause why your name should not be struck off the Electoral Roll for the

1, on the ground that [here state grounds from notice of objection].

Electoral Registrar.

N.B.--In case you do not attend, you will be liable to have your name struck off without further notice. You may attend in person, or you may, by writing, authorise any person to appear for you.

3 EDW. VII.] Electoral. [1904, No. 20.

Form K. Section 54.

The Electoral Act.

[ ] Province Electoral Roll.

LIST Ob' 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 [ ] Electoral Province,

and the objections will be heard at a Revision Court to be held at on the

day of , 19 , at o'clock in the ROOD.

&infante of each Other Names of each Res. Residence. Qualification. Ground of Objection.

Elector. Elector at full length.

(Signed)

Electoral Registrar.

Form L. Section 54.

The Electoral Act.

District of [ ] Electoral Roll.

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 Electoral District of [

and the objections will be heard at a Revision Court to be held at [ ],

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

noon.

Surname of each Other names of each oum Residence. Occupation. Ground of Objection.

Elector. Elector at full length.

(Signed)

Electoral Reds

Form M. Section 62

WESTER AUSTRALIA.

The Electoral Act.

WRIT.

To Returning Officer for the [ ] Electoral Province

[or the Electoral District of ( ).] GREETING.

By virtue of the provisions of the Electoral Act,—I (His Excellency

the Governor, or the Honourable the President of the Legislative Council,

or the Honourable the Speaker of the Legislative. Assembly) hereby

1904, No. 20.1 Electoral. F3 ED W. VII.

command you that you cause election to be made according to law of

member for the [here set out name of the Province or District

for which election is to be held] to serve in the [Legislative Council or Legislative

Assembly]. And I appoint the following dates for the purposes of the said election :-

I. For nomination, the day of , 19 , at

12 o'clock, noon.

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

the day of , 19 .

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

19

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	, 19
INDORSEMENTS.

, Returning Officer for the [here set out the Province or

District] do hereby certify that I have received the within writ on the

day of , 19 .

, Returning Officer.

, Returning Officer for the [name of Province or

District] do hereby certify that on the day of

was [or were] duly elected member to serve in the [Legislative

Council or Legislative Assembly] for the said [Province or District].

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

[Insert names of the candidates and votes polled by each.]

[Fill in date of nomination if election uncontested, and date of polliny-day

if contested.]

, Returning Officer.

The execution of this writ appears by the indorsements made by me thereon, and sealed up by me and transmitted herewith to the [His Excellency the Governor, or the Honourable the President of the Legislative Council, or the Honourable the Speaker of the Legislative Assembly].

Dated this day of , 19 .

, Returning Officer for the [ ( ) Electoral Province

or the Electoral District of ( ).]

Section 69. Form N.

The Electoral Act.

NOMINATION PAPER.

To the Returning Officer for the [ ] Province, [or for the Electoral

District of [ ]•

I, the undersigned, do hereby nominate myself as a candidate to serve in the

Legislative Council [or Assembly] of the Parliament of Western Australia, for

the [ ] Province [or District].

Dated the	day of	, 19 Name in full Residence
Occupation

3 EDW. VII.] Electoral. [1904, No. 20.

Form 0. Section 89.

POSTAL BALLOT PAPER.

COUNTERFOIL.

No. [ ] Electoral Province [ ] Divi-

] Province [ ] Division sion or Electoral District of

[or District of (... ...... ...)]. )].

Election [insert polling day.]

Name of Voter.

Address.

Form F.

--- Section 101.

BALLOT PAPER.

] Electoral Province.

[or Electoral District of ( )].

CANDIDATES.

BEAUFORT, John

FRANCIS, George

HAY, William

1VIURRAY, Edward (Bunbury).

MURRAY, Edward (York).

Place a cross in the square opposite the name of the candidate for whom you

vote.

Form Q.

Section 138.

The Electoral Act.

RETURN OF ELECTORAL EXPENSES.

I, A.B., candidate at the election for [here insert purpose of election] on the

day of make the following return respecting

my electoral expenses at the election :—

EXPENDITURE. s. d.

Paid G.H., my election agent ...

Paid to I.J., clerk, for days' services

Paid to , scrutineer at ...

19043 No. 20.] Electoral. [3 EDW. VII.

[The names of the agent and every clerk and scrutineer, and the

sum paid to each must be set out separately.]

Paid to the following persons in respect of goods supplied

or work and labour done

[The name and description, and the nature of the goods supplied, or the work and labour done by each must be set out separately.]

Paid hire of rooms for holding public meetings

Paid hire of rooms for holding committee meetings ...

Paid for miscellaneous matters ...

[The name and description of each person to wham, any.sum is paid, and the reason for which it was paid to him, must be set out separately.]

In addition to the above, I am aware of the following disputed and

unpaid claims, viz.:

By TB., for ...

[Here set out the name and description of each person whose claim	is disputed, the amount of the claim, and the goods, work, or
other 'natter on the ground of which the claim is based.]

Except as appears from the above, I have not, and to the best of my knowledge and belief no person has, made or incurred, on my behalf, any electoral expense in respect of the conduct or management of the said election.

I have paid the sum of pounds altogether, and no more, for electoral expenses in connection with the said election, and, except as specified above, no money security, or equivalent for money, has, to my knowledge or belief, been paid, advanced, given, or deposited by anyone to any other person for the purpose of defraying any electoral expenses incurred on my behalf on account of or in respect of the conduct or management of the said election.

[Signature of candidate, O.D.]

Signed this day of in the presence of

E.F., Justice of the Peace.

By Authority, Wu. ALE/LED WATSON, Government Printer, Perth.

(.514)