Electoral Regulations 2012 (Vic)
Version No. 010
Electoral Regulations 2012
S.R. No. 86/2012
Version incorporating amendments as at
1 August 2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Forms
Part 2—Enrolment procedures and information
7Claim for enrolment or provisional enrolment
8Enrolment by physically incapacitated persons
9Processing of claims for enrolment and notices of change of address
10Application to be a general postal voter
11Processing of application to be a general postal voter
12Review and cancellation of designation as a general postal voter
13Request for address not to be shown on roll
14Objection to a person's enrolment
15Notice of objection
Part 3—Election procedures
16Nomination form
17How-to-vote card declaration
18Endorsement of how-to-vote card
19Minimum size of logo, emblem or insignia
Part 4—Voting
20Declaration as to identity
21Application to vote by post
22Postal voter declaration
23Receipt and forwarding of postal vote envelopes
24Forwarding of early votes
25Forwarding of early votes from Antarctica
26Declaration under section 108
27Forms of identification
28Statement of person's rights under section 108
29Determination of entitlement to be enrolled and vote
30Declaration of absent voter
31Forwarding of absent votes
32Declaration of elector claiming no ballot-paper received
Part 5—Electronic voting at overseas or interstate early voting centres
33Electronic voting at overseas or interstate early voting centres
34Where is electronic voting available?
35Approval of computer program for electronic voting
36Security arrangements
37Ballot-papers
38Voting
Part 6—Election results
39Preliminary scrutiny of declaration votes—general
40Preliminary scrutiny of postal vote declarations
41Preliminary scrutiny of declarations under section 108
42Preliminary scrutiny of written absent declarations under section 109
43Preliminary scrutiny of declarations under section 110
44Extraction of ballot-papers from accepted declaration envelopes
45Ballot material to be secured and stored
Part 7—Enforcement and offences
46Notice to elector who has apparently failed to vote
47Reply to notice by elector
Part 8—General
47AWho can access electronic assisted voting?
48Official mark on ballot-papers
48AExhibit of notice or sign within 100 metres of entrance to voting centre
Part 9—Political donations disclosure and reporting scheme
49Principles for determining amount or value of gifts other than money
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 010
Electoral Regulations 2012
S.R. No. 86/2012
Version incorporating amendments as at
1 August 2018
Part 1—Preliminary
1Objective
The objective of these Regulations is to facilitate the enrolment of electors and the conduct of parliamentary elections.
2Authorising provision
These Regulations are made under section 184 of the Electoral Act 2002.
3Commencement
These Regulations come into operation on 31 August 2012.
4Revocation
The following Regulations are revoked—
(a)the Electoral Regulations 2002[1];
(b)the Electoral (Amendment) Regulations 2006[2];
(c)the Electoral Amendment (Electoral Participation) Regulations 2010[3].
5Definitions
In these Regulations—
Australian driver licence means—
(a)a driver licence within the meaning of the Road Safety Act 1986;
(b)a driver licence issued under the law of another State or of a Territory corresponding to the Road Safety Act 1986;
Australian learner permit means—
(a)a learner permit granted under the Road Safety Act 1986;
(b)an interstate learner permit within the meaning of section 3 of the Road Safety Act 1986;
Australian Passport means a passport issued under the Australian Passports Act 2005 of the Commonwealth;
the Act means the Electoral Act 2002;
VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010;
Victorian identification means an identification issued to a person by the State or a statutory authority established under an Act that includes—
(a)the person's name; and
(b)the person's residential address; and
(c)the person's date of birth; and
(d)a photograph of the person.
6Forms
(1)A reference to a Form is a reference to the appropriate form in the Schedule.
(2)A form in the Schedule is not invalid because in addition to matter relating to enrolment on the register of electors, it contains matter relating to the enrolment of an elector for Commonwealth purposes.
Part 2—Enrolment procedures and information
7Claim for enrolment or provisional enrolment
For the purposes of section 23 of the Act, a claim for enrolment or for provisional enrolment and an attestation as to the identity of the person completing the claim must be in accordance with Form A.
8Enrolment by physically incapacitated persons
(1)If a person wishes to make a claim for enrolment or for provisional enrolment, and a registered medical practitioner has certified in writing that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, complete and sign the claim in accordance with the directions of the first-mentioned person.
(2)If an elector wishes to notify the Commission of a change in the elector's principal place of residence, and a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector cannot sign the notice, another person may, on behalf of the elector, complete and sign the notice in accordance with the directions of the elector.
(3)A certificate referred to in subregulation (1) or (2) must be lodged with the claim or notice to which it refers.
9Processing of claims for enrolment and notices of change of address
For the purposes of section 23(6) of the Act, if the Commission receives a claim for enrolment or a notice of a change of an elector's address, the Commission must—
(a)note the date of receipt; and
(b)if the Commission is satisfied that the person is entitled to be enrolled or that the notice is correct—
(i)enter on the register of electors the name of the person and particulars relating to the person; and
(ii)notify the person in writing of the particulars of the person's enrolment.
10Application to be a general postal voter
(1)The application form to be used by an elector applying to be a general postal voter under section 24(1) of the Act must be in accordance with Form B.
(2)The application form to be used by a person on behalf of an elector applying to be a general postal voter referred to in section 24(2) of the Act must be in accordance with Form B.
(3)The form to be used by an elector applying to be a general postal voter under section 24(1) of the Act and who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918 must be in accordance with Form B.
11Processing of application to be a general postal voter
(1)For the purposes of section 24(5) of the Act, an application to be a general postal voter must be lodged with the Commission in a manner approved by the Commission.
(2)If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must—
(a)record on the register of electors that the applicant is a general postal voter; and
(b)advise the applicant in writing of the decision to accept the application.
12Review and cancellation of designation as a general postal voter
For the purposes of section 27 of the Act, the Commission—
(a)may from time to time review the eligibility of general postal voters to be general postal voters;
(b)if satisfied that a general postal voter has ceased to be eligible to be a general postal voter, must cancel the elector's designation as a general postal voter on the register of electors;
(c)must notify an elector in writing of any cancellation of the elector's designation as a general postal voter, except if the Commission is satisfied that the elector has died.
13Request for address not to be shown on roll
For the purposes of section 31(1) of the Act, a request for the address of an elector not to be shown on any electoral roll must be in accordance with Form C.
14Objection to a person's enrolment
For the purposes of section 38(2) of the Act, an objection to the enrolment of a person must be in accordance with Form D.
15Notice of objection
For the purposes of section 39(2) of the Act, notice to a person of an objection to the person's enrolment must be in accordance with Form E.
Part 3—Election procedures
16Nomination form
For the purposes of section 69(2) or (3) of the Act, the nomination of a candidate must be made in accordance with Form F.
17How-to-vote card declaration
(1)For the purposes of section 77(2) or 78(2) of the Act—
(a)a person submitting one or more how-to-vote cards, other than a multiple how-to-vote card, to an election manager or the Commission for registration by the Commission must make a declaration in accordance with Form G;
(b)a person submitting a multiple how-to-vote card to the Commission for registration by the Commission must make a declaration in accordance with Form H;
(c)if a how-to-vote card submitted for registration contains a section in a language other than English, the person submitting the card for registration must submit with the card—
(i)an accurate translation into English of the section in a language other than English; and
(ii)a declaration that the translation is fair in accordance with Form G or Form H, as the case requires.
18Endorsement of how-to-vote card
For the purposes of section 79(2)(e) of the Act, a how-to-vote card submitted for registration by the Commission must be endorsed at the foot of the card—
"Registered by the Victorian Electoral Commission".
19Minimum size of logo, emblem or insignia
For the purposes of sections 79(2)(b) and 80(4)(b) of the Act, the prescribed size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf a how-to-vote card is to be distributed appearing on the how-to-vote card is four square centimetres in size.
Part 4—Voting
20Declaration as to identity
For the purposes of section 91 of the Act, a declaration as to identity must be in accordance with Form I.
21Application to vote by post
(1)For the purposes of section 101(2) of the Act, the application form to be used by an elector applying to vote by post in writing must be in accordance with Form J.
(2)For the purposes of section 101(2A) of the Act, the application form to be used by an elector applying to vote by post by electronic means must be in accordance with Form J.
22Postal voter declaration
For the purposes of section 104 of the Act, a postal voter declaration must be in accordance with Form K.
23Receipt and forwarding of postal vote envelopes
(1)Upon receipt of a postal vote envelope under section 106 of the Act, the Commission must record that it has received the envelope and the date on which this occurred.
(2)Upon receipt of a postal vote envelope at a voting centre under section 106 of the Act, an election manager or election official must—
(a)endorse the envelope with the place and date of receipt; and
(b)sign the envelope; and
(c)place the envelope in a sealed ballot box.
(3)The Commission and each election manager or election official must forward each postal vote envelope unopened to the appropriate election manager.
24Forwarding of early votes
After 6 p.m. on election day, an election manager or election official in charge of an early voting centre must forward all early votes received at that centre to the appropriate election manager.
25Forwarding of early votes from Antarctica
(1)Before 6 p.m. on election day, an Antarctic elector who has voted must transmit electronically his or her completed ballot-paper to the Commission.
(2)Upon receipt of a ballot-paper from Antarctica, the Commission must forward the ballot-paper to the relevant election manager.
26Declaration under section 108
For the purposes of section 108 of the Act, an enrolment application and a declaration of a person whose name is not, or cannot be found, on an electoral roll and who claims to be entitled to vote must be printed on an envelope in accordance with Form L.
27Forms of identification
(1)For the purposes of section 108(1)(d)(i) of the Act, a prescribed form of identification is—
(a)an Australian driver licence or an Australian learner permit;
(b)an Australian passport;
(c)a current rates notice issued by a Council within the meaning of the Local Government Act 1989;
(d)a current electricity account from a distribution company within the meaning of the Electricity Industry Act 2000;
(e)a current Victorian identification.
(2)For the purposes of section 108(1)(d)(ii) of the Act, the prescribed list of service providers to enable identification of a person is—
(a)a distribution company within the meaning of the Electricity Industry Act 2000 or a retailer within the meaning of that Act;
(b)VicRoads;
(c)a Council within the meaning of the Local Government Act 1989;
(d)a provider of premises which is a mobile voting centre designated by the Commission under section 65 of the Act;
(e)any other entity that issues Victorian identifications.
28Statement of person's rights under section 108
For the purposes of section 108(3) of the Act, the written statement setting out a person's rights must be in accordance with the statement contained in Form L.
29Determination of entitlement to be enrolled and vote
(1)After 6 p.m. on election day, each election official must—
(a)forward or transfer electronically to the Commission any enrolment applications and accompanying declarations made under section 108 of the Act; and
(b)forward to the relevant election manager the fastened envelopes containing ballot-papers referred to in section 108(6) of the Act.
(2)If the Commission receives an enrolment application from a person under section 108 of the Act and the Commission is satisfied that the person is entitled to be enrolled, the Commission must—
(a)enter on the register of electors the name of that person and particulars relating to the person; and
(b)advise the person in writing that the person has been registered on the register of electors.
(3)The Commission must forward a report to the relevant election manager as to each applicant's entitlement to vote.
30Declaration of absent voter
For the purposes of section 109(5) of the Act, the declaration of an absent voter must be printed on an envelope in accordance with Form M.
31Forwarding of absent votes
After 6 p.m. on election day, each election manager must forward to the relevant election manager the fastened envelopes containing absent votes.
32Declaration of elector claiming no ballot-paper received
For the purposes of section 110 of the Act, the declaration of an elector who claims not to have received a ballot-paper must be printed on an envelope in accordance with Form M.
Part 5—Electronic voting at overseas or interstate early voting centres
33Electronic voting at overseas or interstate early voting centres
For the purposes of section 100(3) of the Act, the procedures applying for electronic voting at overseas or interstate early voting centres appointed by the Commission under section 100(1) of the Act are the procedures set out in this Part.
34Where is electronic voting available?
Electronic voting may be made available at an overseas or interstate early voting centre which is designated by the Commission as an electronic voting centre under section 110C of the Act.
35Approval of computer program for electronic voting
(1)The Commission may approve a computer program to enable electronic voting in accordance with this Part if the Commission is satisfied that the following criteria apply—
(a)the proper use of the computer program will give the same result in the recording of votes in an election as would be obtained if no computer program was used in the recording of votes;
(b)the computer program will enable a visual display or auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot-paper and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad;
(c)the computer program will enable an elector—
(i)to select consecutive preferences beginning with the figure "1"; or
(ii)in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a) of the Act;
(d)the computer program allows an elector to correct a mistake before the vote is processed by the computer program;
(e)the computer program allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;
(f)the computer program allows an elector to abandon for any reason the electronic ballot-paper without completing the vote;
(g)the computer program can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;
(h)the computer program will prevent any person from ascertaining the vote of a particular elector.
(2)The Commission may approve a process for entering preferences into the computer program approved under subregulation (1).
36Security arrangements
The Commission must ensure that arrangements are in place to ensure that—
(a)computer programs and electronic devices used or intended to be used for or in connection with electronic voting in accordance with this Part are kept secure from interference; and
(b)the integrity of voting is maintained while electronic voting is being used.
37Ballot-papers
(1)For the purposes of this Part, a ballot-paper prepared under section 74 of the Act may be in an electronic form.
(2)The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the visual display or auditory description of the electronic form.
(3)The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form.
38Voting
(1)Subject to subregulation (2), an election official must ask a person claiming to vote by electronic voting in accordance with this Part the following questions—
(a)What is your full name?
(b)Where do you live?
(c)Have you voted before in this election?
(2)The election official must not ask the question specified in subregulation (1)(b) if the elector is a silent elector or an itinerant elector.
(3)The election official must reject a person's claim to vote by electronic voting in accordance with this Part if the person—
(a)refuses to answer fully the questions asked; or
(b)answers the question specified in subregulation (1)(c) in the affirmative.
(4)The election official must not reject a claim to vote by electronic voting in accordance with this Part as a result of any mistake in the electoral roll if the voter is sufficiently identified in the opinion of the election official.
(5)For the purposes of section 92 of the Act, a person entitled to vote in accordance with this Part may be given access to an electronic ballot-paper.
(6)If an elector given access to an electronic ballot-paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A of the Act to have marked the elector's vote on the ballot-paper in accordance with those sections.
(7)For the purposes of section 93(6) of the Act, an elector using electronic voting is to be taken to have deposited the elector's vote in the ballot-box when the elector submits the elector's electronic ballot-paper using the computer program approved under this Part.
Part 6—Election results
39Preliminary scrutiny of declaration votes—general
The election manager must conduct the preliminary scrutiny of declaration votes no earlier than 8 a.m. on the Monday immediately before election day—
(a)with the assistance of as many election officials as are necessary;
(b)in the presence of any scrutineers who choose to be present;
(c)in the presence of any person authorised by the Commission to be present.
40Preliminary scrutiny of postal vote declarations
(1)The election manager must, except in the case of a declaration of a general postal voter, complete a verification process to ensure the elector signing each postal vote declaration is the applicant.
(2)A postal vote declaration returned by a postal voter or a general postal voter under section 106 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the elector verification process has been completed; and
(b)the declaration has been witnessed by an authorised witness; and
(c)the voter is enrolled for the address marked on the application or is entitled to be so enrolled.
(3)If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.
41Preliminary scrutiny of declarations under section 108
(1)A ballot-paper marked by a voter under section 108 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the voter is entitled to be enrolled for the address claimed or omitted from the roll in error; and
(b)the declaration has been properly completed.
(2)If the election manager is not satisfied under subregulation (1), the ballot-paper must be disallowed without opening the envelope.
42Preliminary scrutiny of written absent declarations under section 109
(1)A ballot-paper marked by an absent voter under section 109 of the Act must be accepted for further scrutiny and the absent voter must be recorded on the electoral roll as having voted if the election manager is satisfied that—
(a)the absent voter was, at the close of the roll for the election, enrolled for the address claimed or omitted from the roll in error; and
(b)the declaration has been properly completed.
(2)If the election manager is not satisfied under subregulation (1), the ballot-paper must be disallowed without opening the envelope.
43Preliminary scrutiny of declarations under section 110
(1)A ballot-paper marked by an elector referred to in section 110 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the name of the elector was marked on the electoral roll in error; and
(b)the declaration has been properly completed.
(2)If the election manager is not satisfied under subregulation (1), the ballot-paper must be disallowed without opening the envelope.
44Extraction of ballot-papers from accepted declaration envelopes
The election manager must—
(a)when extracting the ballot-papers from the accepted declaration envelopes, ensure that no person can discover how an elector has voted;
(b)keep the ballot-papers secure for further scrutiny;
(c)ensure sorting and counting of ballot-papers does not commence until after the close of voting.
45Ballot material to be secured and stored
For the purposes of section 122 of the Act, the election manager must, after the close of voting—
(a)enclose in one or more boxes—
(i)all used ballot-papers;
(ii)all unused ballot-papers;
(iii)all ballot-papers marked as spoiled or discarded;
(iv)all postal vote applications;
(v)all used declaration envelopes (both those accepted and those rejected);
(vi)all copies of the electoral roll and other papers used in connection with the election;
(b)secure the boxes;
(c)write on each box—
(i)a description of the contents;
(ii)the name of the relevant district or region;
(iii)the date of the election; and
(iv)his or her signature;
(d)deliver the parcels to the Commission to be kept safely until the completion of any proceedings in the Court of Disputed Returns.
Part 7—Enforcement and offences
46Notice to elector who has apparently failed to vote
For the purposes of section 163(1) of the Act, the notice must be in accordance with Form N.
47Reply to notice by elector
For the purposes of section 164 of the Act, the form of reply of any elector to the notice must be in accordance with Form N.
Part 8—General
47AWho can access electronic assisted voting?
For the purposes of section 110G of the Act, the following are prescribed eligible classes of electors who can access electronic assisted voting—
(a)electors who otherwise cannot vote without assistance because of blindness or low vision;
(b)electors who otherwise cannot vote without assistance because of a motor impairment.
48Official mark on ballot-papers
For the purpose of section 112 of the Act, the prescribed official mark to be borne by ballot-papers is—
(a)a water mark in the paper as approved by the Commission; or
(b)an overprinting of the paper in a particular manner approved by the Commission, and the use of words, a design, or logo, approved by the Commission; or
(c)a unique print identification number.
48AExhibit of notice or sign within 100 metres of entrance to voting centre
For the purposes of section 158A(4) of the Act, a how-to-vote card is a prescribed other thing or item to which section 158A(2) of the Act does not apply.
Part 9—Political donations disclosure and reporting scheme
49Principles for determining amount or value of gifts other than money
For the purposes of section 206(1A) of the Act, the value of a gift, other than money, will be determined in accordance with—
(a)the principle that the amount or value of the gift is the fair market value of the gift; and
(b)the principle that an explanation should be provided to the Commission to support the determination of the amount or value of the gift (and that amount or value should reflect the explanation).
Schedule
FORM A
Regulation 7
ELECTORAL ENROLMENT FORM
Details of applicant
Title:
Surname:
Given names:
Date of birth:
Gender:
Current residential address:
Postal address (leave blank if the same as residential address):
Mobile phone (if any):
Daytime phone (if any):
Email address (if any):
I am an Australian citizen by birth: YES/NO
State or Territory of birth:
Town of birth:
I have become an Australian citizen: YES/NO
Citizenship certificate number:
Country of birth:
Name on citizenship certificate:
I am a qualified British subject*: YES/NO
Name on 25 January 1984:
Country of birth:
Former surname, if any:
Former given names, if any:
Immediate former residential address, if any:
Declaration by applicant:
·I am eligible to enrol at my residential address and claim enrolment for elections in Victoria;
·The information I have given on this form is true and correct; and
·I understand that giving false or misleading information is a serious offence.
Signature or mark:
Date:
Evidence of Identity:
Complete ONE option only
| Australian driver licence/ learner permit | Number | State or Territory |
| Australian passport | Number | |
| Victorian identification** | Number | Issued by |
| Person on the Victorian Register of Electors/Commonwealth electoral roll |
Declaration by person confirming identity:
·I am on the Victorian Register of Electors and/or the Commonwealth electoral roll for Victoria; and
·I confirm the identity of the applicant.
Details of witness:
Surname:
Given names:
Enrolled address:
Date of birth:
Signature:
Date:
* A qualified British subject is a person who is a British subject and was enrolled on a Commonwealth electoral roll between 26 October 1983 and 25 January 1984, inclusive.
** Victorian identification means an identification issued to a person by the State or a statutory authority established under an Act that includes the person's name, residential address, date of birth and contains a photograph of the person.
FORM B
Regulation 10
APPLICATION TO BE A GENERAL POSTAL VOTER
Details of applicant
Title:
Surname:
Given names:
Enrolled address:
Postal address:
Gender:
Date of birth:
Indicate which of the following applies:
I apply to be a general postal voter for the following reason—
·I am an elector whose principal place of residence is not within 20 kilometres by the nearest practicable route of an election day voting centre.
·I am an elector who is entitled to be treated as an eligible overseas elector in accordance with the Commonwealth Electoral Act 1918.
·I am an elector who, because of serious illness or infirmity, is unable to travel to an election day voting centre.
·I am an elector who, because of caring for a seriously ill or infirm person other than in a hospital, is unable to travel to an election day voting centre.
·I am an elector who has attained 70 years of age.
·I am an elector who is serving a sentence of imprisonment or is otherwise in lawful custody or detention.
·I am an elector whose address has been excluded from any electoral roll under section 31 of the Act (silent elector).
·I am an elector who, because of my religious beliefs or membership of a religious order, is precluded from attending an election day voting centre or is precluded from doing so for a greater part of the hours of voting.
Signature or mark of applicant:
Date:
Or, if a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector could not sign their name
Signature of person signing at the request and on behalf of the elector:
Date:
Details of person signing application:
Surname:
Given names:
Residential address:
FORM C
Regulation 13
REQUEST BY ELECTOR FOR ADDRESS NOT TO BE SHOWN ON ELECTORAL ROLL
Details of person making request
Title:
Surname:
Given names:
Residential address:
Postal address:
Male/Female:
Date of birth:
I request that the address of my principal place of residence not be shown on any electoral roll.
Having my residential address shown on any electoral roll places the personal safety of myself or members of my family at risk as declared on the statutory declaration accompanying this form.
Signature of elector:
Date:
FORM D
Regulation 14
OBJECTION TO ENROLMENT OF A PERSON
Details of the person whose enrolment is objected to
Surname:
Given names:
Residential address:
Ground for objection—
•The person is not entitled to be enrolled;
or
•The address for which the person is enrolled is not the person's principal place of residence.
Details of elector making this objection
Surname:
Given names:
Residential address:
Date of birth:
Signature:
Date:
FORM E
Regulation 15
NOTICE OF OBJECTION
Grounds for objection
Details of person whose enrolment is objected to
Surname:
Given names:
Residential address:
Your response must be received within 20 days after the posting of this notice. Your response will then be assessed. If no response is received, your name will be removed from the register of electors.
Victorian Electoral Commission
Date:
FORM F
Regulation 16
NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL
PART 1
NOMINATION BY REGISTERED OFFICER OF PARTY ENDORSING CANDIDATE
To the Victorian Electoral Commission
I, [insert name], the registered officer of the [insert name of registered political party], nominate the person or persons named in Part 2 of this form as a candidate or as candidates for election to the Legislative Assembly/Council for the Electoral District(s)/Region(s) named in Part 2.
Signature of registered officer:
Date:
Form in which registered political party's name is to appear on ballot-paper:
NOMINATION BY ELECTORS
To the Election Manager for the Electoral District/Region of [insert name of District/Region].
We are electors on the electoral roll for the above electorate and are entitled to vote at the election for a member of the Legislative Assembly/Council for that electorate. We nominate the person named in Part 2 of this form as a candidate for election to the Legislative Assembly/Council for the above electorate.
For a candidate for the Legislative Assembly, 6 nominators are required.
For a candidate for the Legislative Council, 50 nominators are required.
Each nominator must set out his or her full name, residential address for which he or she is enrolled, date of birth and signature.
PART 2
CANDIDATE DETAILS
Full name of candidate (as appears on the register of electors):
Residential address for which candidate is enrolled:
Postal address:
Form in which given names appear on ballot-paper:
Contact details for publication:
I, [insert name], the candidate named above, consent to nomination as a candidate for election to the Legislative Assembly/Council for the above electorate, and I declare that I am qualified under the Constitution Act 1975 to be elected a member of the Legislative Assembly/Council.
Signature of candidate:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
FORM G
Regulation 17
SINGLE OR COMBINED HOW-TO-VOTE CARD DECLARATION
Declaration to be made by a person submitting a single or combined how‑to‑vote card/s for registration.
I, [insert full name]
of [specify address and telephone number for contact purposes]
declare that I am authorised to submit single how-to-vote card/s for registration on behalf of [specify name of registered political party, person, organisation or group]
OR
declare that I am authorised to submit combined how-to-vote card/s for registration on behalf of [specify name of registered political party]
Capacity in which I make this declaration:
[specify title e.g. candidate, party secretary, campaign official, etc.]
AND (if the how-to-vote card/s contains a section in a language other than English), I submit with the how-to-vote card/s a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or
level 6 fine (600 penalty units maximum).
Signature:
Declared before me on [insert date]
Signed *Election Manager for [electorate]
*Victorian Electoral Commission
(*Delete whichever is not applicable).
FORM H
Regulation 17
MULTIPLE HOW-TO-VOTE CARD DECLARATION
Declaration to be made by a person submitting a multiple how-to-vote card for registration.
I, [insert full name]
of [specify address and telephone number for contact purposes]
declare that this multiple how-to-vote card, which I am authorised to submit for registration on behalf of [specify name of registered political party] shall be distributed—
*in every electorate in the State of Victoria
*in the following electorates:
AND (if the how-to-vote card contains a section in a language other than English), I submit with the how-to-vote card a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or
level 6 fine (600 penalty units maximum).
Signature:
Title: [specify position held in registered political party]
Declared before me on [insert date]
Signed:
Victorian Electoral Commission
(*Delete whichever is not applicable).
FORM I
Regulation 20
DECLARATION AS TO IDENTITY
I declare that I am the person whose details are set out below.
Surname:
Given names:
Residential address:
Postal address (if different from above):
Date of birth:
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units maximum).
Signed:
Declared before me on [insert date]
Signed:
Election official
FORM J
Regulation 21
APPLICATION FOR A POSTAL VOTE
ELECTOR TO COMPLETE
Surname:
Given names:
Residential address for which you claim to be enrolled:
Date of birth:
Contact phone no.:
Address for voting material to be sent if different from above address:
I declare that—
·I am entitled to apply for a postal vote for the above claimed address;
·I understand that my name and address details on this form may be provided to registered political parties and independent candidates who are standing for election for the region or district in which the above claimed address is located.
(ONLINE APPLICATION ONLY)
Elector verification question:
Elector verification answer:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
OR
(WRITTEN APPLICATION ONLY)
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
FORM K
Regulation 22
POSTAL VOTER DECLARATION
ELECTOR TO COMPLETE
I declare that—
·I am the person whose name is printed on this form;
·I have not voted before in this election.
(IF ONLINE POSTAL VOTE APPLICATION USED)
Elector verification answer:
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
Not fulfilling duty as an authorised witness is an offence (fine up to 5 penalty units).
OR
(IF WRITTEN POSTAL VOTE APPLICATION USED)
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
Not fulfilling duty as an authorised witness is an offence (fine up to 5 penalty units).
FORM L
Regulation 22
APPLICATION FOR ENROLMENT/PROVISIONAL VOTE AND STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002
ELECTOR TO COMPLETE
Title:
Surname:
Given names:
Date of birth:
Gender:
Current residential address:
Postal address (leave blank if the same as residential address):
Mobile phone (if any):
Daytime phone (if any):
Email address (if any):
If you have changed your name or address since your last enrolment please provide:
Former surname and given names:
Previous or old enrolled address:
Are you an Australian citizen by birth?:
Yes: State or Territory of birth and Town of birth:
No:Country of birth:
Have you been granted Australian citizenship?:
Yes:Citizenship certificate number and country of birth:
No:
Are you an eligible British subject who was enrolled on 25 January 1984?:
Yes:Name at 25 January 1984 and country of birth:
No:You are not eligible to enrol or to vote provisionally.
Evidence of identity
Identification type:
Issuing authority:
Identification number:
State or Territory of issue, if relevant:
Declaration by elector
I declare that—
·I am an elector whose name cannot be found on the electoral roll for this election;
·I have not already voted at this election;
·I have read the statement under section 108 of the Electoral Act 2002 included in this form;
·I am eligible to enrol at my residential address and claim enrolment for elections in Victoria;
·all the information I have given on this form is true and correct, and I understand that giving false or misleading information is a serious offence (Penalty: 5 years maximum imprisonment or a fine up to 600 penalty units).
Elector to sign:
Date:
ELECTION OFFICIAL TO COMPLETE
Election Official Declaration
·I saw the applicant sign or make a mark as their signature on this form;
·I have informed the applicant that they are claiming that the information that they have provided is true and correct and that there are penalties for providing false or misleading information;
I have sighted the applicant's original proof of identity document or the applicant was not able to provide an original proof of identity document at the time of voting but has nominated the following service provider for the Commission to contact.
SERVICE PROVIDER:
or (for mobile voting use only)
The applicant is listed as a resident at a mobile voting centre designated under section 65 of the Electoral Act 2002.
Name of Election Official:
Signature of Election Official:
Elector's enrolling district:
Issued at: Early Voting Centre / Election Day Voting Centre / Mobile Voting Centre
Venue Name:
Date:
Issuing District:
STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002
Enrolment and voting is compulsory.
If eligible, you are required to enrol and vote in Federal, State and local government elections and may be fined if you do not.
You are eligible to enrol and vote if you:
·are an Australian citizen, or a British subject who was enrolled on 25 January 1984 (and for Victorian elections only if you were a British subject enrolled between 26 October 1983 and 25 January 1984, inclusive); and
·are 18 years or older; and
·have lived at your current address which is your principal place of residence for at least one month.
Evidence of identity
You must be able to prove your identity by presenting one of the following documents to the election official:
·Australian driver licence or learner permit;
·Australian passport;
·Current Victorian Council rates notice;
·Current electricity account;
·Current Victorian identification within the meaning of the Electoral Regulations 2012.
If you do not have one of these documents with you, you can nominate VicRoads, a Council, an electricity provider or an entity that issues Victorian identifications to verify your identity. The Commission will contact the nominated organisation to verify your identity.
If you are listed as a resident at a facility designated as a mobile voting centre, you do not need to have any documents as the Commission will check with the administration of the facility to confirm your identity.
How this application is processed
Your application will be checked and, if you are eligible, your vote will be admitted for further processing. If you have provided your driver licence or learner permit number on the application, your name and address will be placed on the electoral roll for future Federal, State and local government elections. If you do not have a government issued photo identification the election official will give you a separate enrolment application that you will need to complete before you can be placed on the roll.
FORM M
Regulations 30 and 32
DECLARATION BY ABSENT OR SECTION 110 VOTERS
Elector's District/Region
ELECTOR TO COMPLETE
Surname:
Given names:
Address for which elector is, or claims to be, enrolled:
Date of birth:
Former surname if changed since you last enrolled:
I declare that—
•I am enrolled at the address shown above;
•I have not already voted at this election;
•The information shown above is true and correct and I am entitled to vote.
Elector to sign:
ELECTION OFFICIAL TO COMPLETE
I certify that the above-named elector signed or marked this declaration in my presence.
Election Official to sign:
Issued at District/Region:
Voting Centre:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
FORM N
Regulations 46 and 47
APPARENT FAILURE TO VOTE
Electorate:
To: [name and address of elector]
According to Victorian Electoral Commission records it appears that you failed to vote at the election on [insert date]
You are required to indicate which of the following options applies to you.
OPTION ONE:
I failed to vote at the above election because: [insert reason]
If this reason is considered to be valid and sufficient, no further action will be taken. If this reason is not considered to be valid and sufficient, an infringement notice may be sent to you.
OPTION TWO:
I voted at the above election—
•at the voting centre at [insert address]
•as an early voter
•as a postal voter.
The Electoral Act 2002 provides for a fine of one penalty unit if a person states a false reason for not having voted.
Signature of elector (or of person completing form on behalf of elector):
Date:
You must post or deliver this notice to reach the Victorian Electoral Commission within 28 days after the date of the notice.
If you do not complete and return this form by the due date, an infringement notice may be sent to you.
Victorian Electoral Commission
Date of Notice:
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Electoral Regulations 2012, S.R. No. 86/2012 were made on 21 August 2012 by the Governor in Council, on the recommendation of the Victorian Electoral Commission, under section 184 of the Electoral Act 2002, No. 23/2002 and came into operation on 31 August 2012: regulation 3.
The Electoral Regulations 2012 will sunset 10 years after the day of making on 21 August 2022 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Electoral Regulations 2012 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Electoral Amendment Regulations 2018, S.R. No. 111/2018
Date of Making: 31.7.18 Date of Commencement: Reg. 16 on 31.7.18: reg. 3(2); regs 5–15, 18–24 on 1.8.18: reg. 3(1)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
This publication does not include amendments made to the Electoral Regulations 2012 by the following Statutory Rules.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Electoral Amendment Regulations 2018, S.R. No. 111/2018
Date of Making: 31.7.18 Date of Commencement: Reg. 17 on 25.11.18: reg. 3(3)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
At the date of this publication, the following provisions amending the Electoral Regulations 2012 were Not in Operation:
Amending Statutory Rule/s:
Electoral Amendment Regulations 2018, S.R. No. 111/2018
17New Part 10 inserted—Register of Agents
After Part 9 of the Principal Regulations insert—
"Part 10—Register of Agents
50Register of Agents
For the purposes of section 207A of the Act, the following are the prescribed details to be contained in the Register of Agents for each person appointed as a registered agent under section 207E(1) of the Act are—
(a)name;
(b)address;
(c)telephone number;
(d)email address;
(e)preferred method of contact;
(f)full name and address of the person or entity appointing the person as their agent in relation to the election.".
4 Explanatory details
[1] Reg. 4(a): S.R. No. 73/2002 as amended by S.R. Nos 89/2006 and 87/2010.
[2] Reg. 4(b): S.R. No. 89/2006.
[3] Reg. 4(c): S.R. No. 87/2010.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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