Municipal Corporations Act.-1923. PART V. 83. The election of Mayor, Councillors, and Auditors shall be Proceedings on the conducted in manner following, that is to say :— (a) Every elector entitled to vote, and who votes in the election, shall vote at the polling-place in the Municipality or ward in which he is entitled to vote: (b) He shall present himself to the returning officer or deputy returning officer at such polling-place, and state his Christian and surname, abode, profession, or occupation, and the nature of his qualification, and the place where the property or qualification is situated : (c) The returning officer or deputy returning officer shall thereupon place a mark against the voter's name on the voters' roll, or copy, and hand to such voter a voting paper : (d) Such voting-paper shall I. be in the form of the Fifth Schedule; day of election. s. 7 (part). Fifth Schedule. 8. 47. II. bear the initials of the returning officer, or deputy M.C. Act, 1890, under the authority of such returning officer or III. contain the Christian and surname of each candidate IV. have a square printed opposite to the name of each (e) No matter or thing other than the matters and things men- (f) Separate apartments, or places forming part of the pollingbooth, shall be provided, into which the voter shall immediately retire, and there, alone and in private, without interruption, indicate the name of each candidate for whom he intends to vote by making a cross within the square opposite the name of such candidate, and shall then fold the same paper, and immediately deliver it, so folded, to the returning officer or to the deputy returning officer, who shall forthwith publicly, and without opening the same, deposit it in a box to be provided for that purpose: (g) No voting paper so deposited in any box shall, on any account, be taken therefrom, unless in the presence of scrutineers after the close of the election: (h) No PART V. Voting by blind or afflicted persons. M.C. Act, 1890, 8. 48. 833, 1903, s. 4. Adjournment of voting in case of riot. Ballot Act, 1862, s. 6. Who are to remain in polling-booth. Ibid., s. 8. Inquiries allowed at elections. Ibid., s. 9. Municipal Corporations Act.-1923. (h) No voting paper shall be received unless it is so folded as to render it impossible for the returning officer, or any other person, to see for what candidate or candidates the vote is given : (2) Any voter wilfully infringing any of the provisions of this section, or obstructing the voting by any unnecessary delay in performing any act within the polling booth or room, shall be deemed guilty of a misdemeanor. 84. (1) Any voter at any election may signify to the presiding officer that, by reason of being afflicted with blindness or defective eyesight, or other affliction, he is unable to vote without assistance. (2) The presiding officer if satisfied that such voter is so afflicted, shall thereupon permit any agent named by such voter to accompany him into the compartment set apart for the purpose, to mark the voting-paper on such voter's behalf, and hand the same to the presiding officer, who shall deposit the same in the ballot box. 85. (1) Where the proceedings at any election are interrupted or obstructed by any riot or open violence, the returning officer, or the deputy returning officer shall not for such cause terminate the business, but shall adjourn the taking of the votes at the particular polling-place at which such interruption or obstruction has happened until the following day, not being Sunday or a public holiday, and, if necessary, shall further adjourn such voting, as the case may be, until such interruption or obstruction has ceased, when the returning officer or his deputy shall again proceed with the business of the taking of the votes at the place at which the same has been interrupted or obstructed, and the commencement of the voting shall be regulated accordingly. (2) Any day whereon the voting has been so adjourned, shall not as to such place be reckoned the day of taking of votes at such election, within the meaning of this Act. (3) Whenever the voting has been so adjourned by any deputy returning officer, such deputy shall forthwith give notice of such adjournment to the returning officer, who shall not finally declare the state of the voting, or make proclamation of the member chosen, until the voting so adjourned at such place has been finally closed, and the boxes containing the votes delivered or transmitted to such returning officer. 86. The only persons who shall be allowed to remain within any polling-booth or room shall be the electors about to vote, the returning officer and deputy returning officers, and the scrutineers, not exceeding two for each candidate. 87. (1) No inquiry shall be permitted at any election as to the right of any person to vote, except only as follows, that is to saythe returning officer or deputy returning officer may, or, if required by Municipal Corporations Act.-1923. by any two electors entitled to vote in the Municipality or ward in 1. Are you the person whose name appears as A.B. in the roll II. Have you already voted at the present election for this III. Had you, at the time of being placed upon the roll of voters, (2) No person required to answer any of the said questions shall be permitted or qualified to vote until he has answered the same, nor if he has answered the same in such a manner as to show that he is not qualified to vote. (3) If any person wilfully makes a false answer to any of the questions aforesaid, he shall be deemed guilty of a misdemeanor, and may be indicted and punished accordingly. PART V. 88. Immediately before taking the votes, the returning officer or Ballot-box to be deputy returning officer shall exhibit the ballot-box empty. exhibited empty 89. The provisions of this section shall apply to Municipalities Proceedings on to which section 90 does not apply, that is to say— closing of poll. Ibid., s. 11 (part). (1) Each deputy returning officer shall, immediately on the close and s. 12 (part). of the voting, publicly close and seal the box containing the voting papers which have been taken at the polling-place whereat he presided, and shall, with the least delay possible, deliver, or cause the same to be delivered, to the returning officer. (2) The returning officer shall (a) at the place of nomination and as soon as practicable after (b) examine the same, and reject all voting-papers which con- (c) openly Deputy returning officer to count votes in certain cases. Municipal Corporations Act.-1923. (c) openly declare the general state of the votes at the close of the election, as the same have been made up by him from the voting-papers taken at the several polling-places or polling-place if only one: person (d) at the same time and place, declare the name of the the candidates is elected. (3) All voting-papers shall be destroyed by the returning officer forthwith after the declaration of the names of the persons duly elected. 90. The provisions of this section shall apply to the City of Adelaide, and to such other Municipalities as the Governor has by Proclamation under section 12 of the Ballot Act Amendment Act, 606, 1894, ss. 10, 11, 1894, declared that the parts of the said Act mentioned in the said and 12 (part). section 12 shall be applicable, and to every Municipality to which the Governor on the petition of the Council thereof declares by Proclamation that this section shall apply. Fifth Schedule. Sixth Schedule. (1) Each deputy returning officer at the close of the poll, or as soon as practicable thereafter, in the ward where the election has been held shall (a) open all the ballot-boxes containing the voting-papers delivered in at such election: (b) examine the papers therein, and reject all voting-papers which contain crosses against the names of a larger number of persons than are required to be elected, or contain any matter or thing other than such names and crosses or such other descriptive matter relating to such election as set forth in the Fifth Schedule, to ascertain the result of such poll: (c) make a declaration in the form or to the effect of the Sixth Schedule, declaring the number of votes cast for each candidate, and for which candidate or candidates, if more than one is required to be elected, the largest number of votes have been cast, and sign the same: (d) replace all the voting papers delivered in at such election in the ballot-boxes respectively: (e) duly lock and seal such boxes and forthwith transmit the (f) deliver to the returning officer as soon as practicable the Municipal Corporations Act.-1923. (2) Any deputy returning officer who wilfully refuses or neglects to comply with the provisions of subsection (1) shall be liable to forfeit a sum not exceeding Twenty Pounds to any person who sues for the same, together with full costs of suit. (3) The voting-papers shall not be destroyed or mutilated within seven days after the day of election. (4) Upon receipt of the aforesaid declaration of the deputy returning officer, and statement as aforesaid, the returning officer shall, in the presence of such scrutineers as are then present at the place of nomination, publicly declare the candidate or candidates who is or are elected, or he may appoint a day and hour, not being longer than three days thereafter, for publicly declaring the results of such election. (5) If the number of votes for any two or more candidates are found to be equal, the returning officer shall by his casting vote decide which of the candidates is elected. PART V. Returning officer not case of equality of to vote except in votes. 91. No returning officer shall vote at any election for the Municipality for which he is the returning officer, except in case of an equality of votes as aforesaid. A deputy returning officer may vote at any election in like manner as if he had not been appointed Ball or acted as such deputy. 92. The following acts shall be deemed and taken to be acts of bribery and corruption on the part of any candidate, whether committed by such candidate or by any agent authorised to act for him : (a) The giving of money or any other article whatsoever, cockades included, to any elector, with a view to influence his vote: (b) The holding out to any elector of any promise or expectation of profit, advancement, or enrichment in any shape, in order to influence his vote: (c) Making use of any threat to any elector, or otherwise intimidating him in any manner with a view to influence his vote : (d) The treating of any elector, or the supplying him with meat, (e) The payment to any elector of any sum of money for acting (f) The keeping open, or allowing to be kept open, any public- Ballot Act 1862, s. What shall be bribery and corrup deemed acts of tion. Ibid., s. 14. |