Untitled document

Electoral Amendment (Electoral Participation) Regulations 2010

S.R. No. 87/2010

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions substituted

4Definitions

6New regulation 25A inserted

25AForms of identification

7Statement of person's rights under section 108

8Determination of enrolment entitlement

9Forwarding of absent vote envelopes

10New Part 4A inserted

PART 4A—ELECTRONIC VOTING AT OVERSEAS OR INTERSTATE EARLY VOTING CENTRES

30AElectronic voting at overseas or interstate early voting centres

30BWhere is electronic voting available?

30CApproval of computer program for electronic voting

30DSecurity arrangements

30EBallot-papers

30FVoting

11Preliminary scrutiny of postal vote declarations

12Preliminary scrutiny of declarations under section 108

13Amendment to Form K

14Form M substituted

Form M—Application for Enrolment/Provisional; Vote and Statement Under Section 108 of the Electoral Act 2002

15Revocation of Form N

16Amendment to Form O

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 87/2010

Electoral Act 2002

Electoral Amendment (Electoral Participation) Regulations 2010

The Governor in Council, on the recommendation of the Victorian Electoral Commission, makes the following Regulations:

Dated: 7 September 2010

Responsible Minister:

ROB HULLS
Attorney-General

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objectives

The objectives of these Regulations are—

(a)to make miscellaneous consequential amendments to the Electoral Regulations 2002 as a result of the enactment of the Electoral Amendment (Electoral Participation) Act 2010; and

(b)to provide for the procedures to apply in respect of electronic voting at an overseas or interstate early voting centre in accordance with section 100 of the Electoral Act 2002; and

(c)to make minor technical amendments to improve the operation of the Electoral Regulations 2002.

2Authorising provision

These Regulations are made under section 184 of the Electoral Act 2002.

3Commencement

These Regulations come into operation on 10 September 2010.

4Principal Regulations

In these Regulations, the Electoral Regulations 2002[1] are called the Principal Regulations.

5Definitions substituted

For regulation 4 of the Principal Regulations substitute—

"4   Definitions

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;

the Act means the Electoral Act 2002;

VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010.".

6New regulation 25A inserted

After regulation 25 of the Principal Regulations insert—

"25A   Forms 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)a current rates notice issued by a Council within the meaning of the Local Government Act 1989;

(c)a current electricity account from a distribution company within the meaning of the Electricity Industry Act 2000.

(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.".

7Statement of person's rights under section 108

In regulation 26 of the Principal Regulations for "Form N" substitute "the statement contained in Form M".

8Determination of enrolment entitlement

(1)For the heading to regulation 27 of the Principal Regulations substitute—

"Determination of entitlement to be enrolled and vote".

(2)For regulation 27(2) of the Principal Regulations substitute—

"(2)If the Commission receives a claim for enrolment 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)In regulation 27(3) of the Principal Regulations for "enrolment entitlement" substitute "entitlement to vote".

9Forwarding of absent vote envelopes

In regulation 29 of the Principal Regulations for "each absent vote envelope unopened" substitute "sealed envelopes containing absent votes".

10New Part 4A inserted

After Part 4 of the Principal Regulations insert—

'PART 4A—ELECTRONIC VOTING AT OVERSEAS OR INTERSTATE EARLY VOTING CENTRES

30AElectronic 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.

30BWhere 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.

30CApproval 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 to—

(i)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; and

(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).

30DSecurity 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.

30EBallot-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.

30FVoting

(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 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.

__________________'.

11Preliminary scrutiny of postal vote declarations

(1)In regulation 32(1) of the Principal Regulations after "must" insert ", except in the case of a declaration of a general postal voter".

(2)In regulation 32(2)(a) of the Principal Regulations after "application" insert "or the declaration is that of the general postal voter".

12Preliminary scrutiny of declarations under section 108

In regulation 33(1)(a) of the Principal Regulations for "at the close of the roll for the election enrolled for the address claimed" substitute "entitled to be enrolled for the address claimed".

13Amendment to Form K

In Form K of the Principal Regulations for ", and that the address for which I am enrolled has been my principal place of residence within the 3 months before election day." substitute "for the above claimed address.".

14Form M substituted

For Form M of the Principal Regulations substitute—

"FORM M

Regulations 25 and 26

APPLICATION FOR ENROLMENT/PROVISIONAL VOTE AND STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002

ELECTOR TO COMPLETE [please use block letters]
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 (if you have changed address):
Are you an Australian citizen by birth?:
Yes :     Town of birth:
No :    Country of birth:
Have you been granted Australian citizenship?:
Yes:      Citizenship certificate number:
No :      Are you an eligible British subject who was enrolled
         on 25 January 1984?

Yes:
No :      You are not eligible to enrol or to vote provisionally
Driver licence (or learner permit) number:
State or Territory of issue:

I declare that:

·   I am an elector whose name cannot be found on the electoral roll;

·   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 the above residential address and claim enrolment for Federal, State and local government elections in Victoria;

·   all the information I have given on this form is true and complete, 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 am on the electoral roll for Victoria;

·   I saw the applicant sign or make a mark as his or her signature on this form;

·   I have informed the applicant that he or she is claiming that the information that he or she has provided is true and complete and that there are penalties for providing false information;

·   I have checked the applicant's district in the List of Streets Victoria;

and

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 VEC 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:
Venue:
Name:
Early Voting Centre:
Election Day Voting Centre:
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.

Proof of identity

You must be able to prove your identity by presenting one of the following documents to the election official:

·   Driver licence (or learner permit)

·   Current Victorian Council rates notice

·   Current electricity account

If you do not have one of these documents with you, you can nominate VicRoads, the Council or electricity provider that can verify your identity and the VEC will contact them.

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 VEC 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 driver licence (or learner permit), the election official will give you a separate enrolment application that you will need to complete before you can be placed on the roll for Federal elections.

Access to your information

Under Victorian and Commonwealth legislation the names and addresses of all electors (except silent electors) must be publicly available. The electoral roll can be inspected at the office of the Victorian Electoral Commission (VEC) and any Australian Electoral Commission (AEC) office.

Under Victorian and Commonwealth legislation electoral information is provided to other individuals, organisations and groups such as political parties, candidates, the Juries Commission and local government. Other agencies and organisations receive enrolment information for law enforcement and prevention or to assist with health screening or research.

A copy of the VEC's Privacy Policy and a list of agencies that receive electoral information in accordance with the Electoral Act 2002 is available at and from the VEC.

A list of agencies entitled to receive electoral information under the Commonwealth Electoral Act 1918 is available at and from the AEC.

The AEC and the VEC exchange electoral information under a joint rolls arrangement to update the electoral roll. As part of the roll update activities the VEC may disclose your name to other people living at your enrolment address.

__________________".

15Revocation of Form N

Form N of the Principal Regulations is revoked.

16Amendment to Form O

In Form O of the Principal Regulations omit "and that address has been my principal place of residence within the period of 3 months immediately before election day".

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ENDNOTES

[1] Reg. 4: S.R. No. 73/2002 as amended by S.R. No. 89/2006.