No. 279. six in number being actually engaged in voting, to be designated if 29 VICTORIA, necessary by the returning officer or deputy, shall alone be permitted at any one time without the consent of the returning officer or deputy to enter or remain in the polling room during the taking of the poll. to exhibit box 99. Immediately before proceeding to take the poll at any booth Returning officer the returning officer or deputy (as the case may be) shall exhibit for before taking the the inspection of the candidates and scrutineers and poll clerks who poll may be present the ballot box open and empty; and shall forthwith thereafter close and lock the same being still empty and set and keep the same unopened upon the table at which he is to preside and in view of such persons as shall from time to time be present in the polling booth, and shall keep the key of the said box. mencing and 100. Every polling shall commence on the day appointed for Hour of comthe same at nine of the clock in the forenoon; and shall, unless law- closing the poll. fully adjourned, finally close at four of the clock in the afternoon of the same day; and shall be conducted in manner hereinafter mentioned. : where. 101. Every person, who shall for the time being be enrolled Who may vote upon an ordinary electoral roll in force for any division of a province or district (as the case may be), and shall be the holder of an elector's right under the provisions of this Act purporting to entitle him to vote in and for such division, and shall be possessed as hereinbefore provided in that behalf of the qualification in respect of which such right was issued, and every person who shall for the time being be enrolled on any roll of ratepaying electors for any division of a district, shall be entitled to vote in such division of the province or district (as the case may be) at the polling place for such division; and no person shall vote more than once at the same election. Provided that no person shall be permitted to vote at any election in respect of a residential qualification who has not resided in Victoria. for at least six months of the twelve months last past before such election. tendered. 102. Every person tendering his vote shall do so in manner How votes to be following (that is to say) :-he shall state to the returning officer or deputy his christian names and surname and such other particulars of those hereby required to be expressed in the electoral roll as the said returning officer or deputy may, for the purpose only of ascertaining upon the roll the name intended by such person, require; and shall also, if he claim to vote as the holder of an elector's right, exhibit to the returning officer or deputy the elector's right which shall purport to entitle him to exercise such right of voting; and shall demand a ballot paper. deputy on vote 103. When any person shall have tendered his vote at any Duty of returnpolling place in manner hereinbefore required, the returning officer ne officer or or deputy shall ascertain that the name given by such person is being tendered. upon the elector's right (if any) exhibited by him and also (as the case may be) upon an ordinary roll or upon the roll of ratepaying electors in force for the division for which such polling place is appointed of the province or district and shall compare such elector's right with such name upon the roll and the particulars stated against the same, so as by inspection to satisfy himself of the identity of the : 29 VICTORIA, person to whom such elector's right shall have been issued with the person so named on the roll. No. 279. And questions may be put. Voter may be required to sign book. Declaration against bribery of voter. 104. After having found upon the proper roll the name intended by any person tendering his vote, the returning officer or deputy may, if he think fit, and shall, if required so to do by any scrutineer or by any two persons entitled to vote at the polling place at which he presides, put to any such person, before he shall have received a ballot paper and not afterwards, the questions following hereinafter called "The prescribed questions" (that is to say):— (1.) Are you the person whose name appears as [A.B. No. ] in the general roll [or as the case may require the supplementary roll] [or the roll of ratepaying electors] in force for this division of the province [or district]? (11.) [If the person claims as the holder of an elector's right] Was the elector's right now exhibited by you issued to you? and have you now the qualification in respect of which the same was issued or the like qualification in some other division of this province or district and in what division? and is the signature [A.B.] appearing on the said elector's right your signature? (III.) [If he claims for a residential qualification] Have you resided in Victoria for at least six months of the twelve months now last past? (IV.) Have you already voted in this province [or district] at the present election? (v.) [If the person claims to vote in respect of rateable property] Are you a natural born or a naturalized or denizen subject of Her Majesty Queen Victoria? 105. The returning officer or deputy may, if he think fit, and shall, if required so to do by any scrutineer or by any two persons entitled to vote at the polling place at which he presides, require any person tendering his vote before he shall receive a ballot paper to sign his name in a book to be kept for that purpose; and if such person claim to vote as the holder of an elector's right, the returning officer shall compare such signature with the signature purporting to be that of the holder of such elector's right and appearing thereon as hereinbefore provided. 106. The returning officer or deputy may, if he think fit, and may be required shall, if called upon so to do by any scrutineer, require of any person tendering his vote before he shall receive a ballot paper to make a solemn declaration against bribery in the manner and form following (that is to say): I [A.B.] do solemnly declare that I have not received or had by myself or any person whatsoever in trust for me or for my use or benefit or for the use or benefit of any member of my family or kindred or any friend or dependent directly or indirectly any sum of money office place of emolument gift or reward or any promise or security for, nor do I expect to receive, any money office place of emolument gift or reward, by way of consideration either expressed implied or understood for giving my vote at this election. No. 279. questions sign name or make declaration an 107. If any person having tendered his vote to whom the 29 VICTORIA, prescribed questions shall be so put as aforesaid shall refuse or omit distinctly to answer the same and each part thereof, or shall not omission or reanswer absolutely in the affirmative such of the first three of the fusal to answer prescribed questions as shall apply to his claim to vote naming truly as to the second question the division in which his present qualifi- offence. cation arises and absolutely in the negative the fourth of the prescribed questions, and if any person having tendered his vote as the holder of an elector's right and being so required to sign his name as aforesaid shall refuse or omit to do so, and if any person having tendered his vote as a ratepaying elector shall, being required and being able so to do, refuse or omit to sign his name as aforesaid, and if any person having tendered his vote and being so required to make such declaration as aforesaid shall refuse or omit so to do, he shall be and be deemed prohibited from voting then or afterwards at such election; and shall be guilty of an offence, and on conviction shall forfeit and pay for the same a penalty not exceeding twenty pounds. holder of substi tuted elector's 103. No person having tendered his vote as the holder of a Restriction upon substituted elector's right shall be entitled to exercise the right of voting or to demand a voting paper if such substituted elector's right. right shall appear by the date thereon to have been issued within seven days before the day appointed for the polling at the election at which such substituted elector's right shall be exhibited. voter's name nary roll elector's ratepaying electors. 109. When any person shall have tendered his vote in manner Duty of returning herein before mentioned, and the name in which he shall demand to officer when vote shall appear as well in an ordinary roll in force for the division appears in ordiof the province or district as in the elector's right produced by him, right or roll of or shall appear in the roll of ratepaying electors in force for the division of the district, the returning officer or deputy shall, unless such person be prohibited from voting for some of the causes hereinbefore mentioned, forthwith write upon the back of one of the ballot papers so signed or initialed as aforesaid and as near as practicable to the lower edge thereof the number corresponding to the number set opposite such person's name in such roll together with the figures and initial letters of the title of such roll, and so that in folding up such ballot paper as hereinafter mentioned the voter may easily conceal from view the said writing; and shall deliver to such person such ballot paper, and shall forthwith mark upon a certified copy of such roll against the name of such person the fact of his having received such ballot paper, and mark such elector's right with his initials and with the date expressed in the following figures (that is to say) the number of the day in the month the number of the month in the year and the number of the year in the century of our Lord, and return the same to such person. 110. Every person to whom a ballot paper shall have been de- How vote to be livered as aforesaid shall forthwith retire alone to some unoccupied recorded, compartment of the polling booth; and shall there alone and without delay strike out from such ballot paper the names of the candidates for whom he does not intend to vote; and shall forthwith fold up such ballot paper in such manner as will conceal the names of the candidates; and deposit it in the ballot box in the presence of the returning officer or deputy. ! 29 VICTORIA, No. 279. Number of candidates to be voted for. Duty of returning officer when a second vote is tendered for one name. His duty when signatures appear to differ. How vote of cated voter to be taken. 111. At every election for any province or district each elector may give and exercise as many votes as there are members to be then and there elected for such district; and at every such election every elector may give not more than one vote to each or any candidate not exceeding the number of members then to be elected; and any ballot paper recording more than the legal number of votes at any election shall be rejected at the close of the poll. 112. If at any polling booth any ballot paper shall have been delivered to any person having tendered his vote, and if any other person shall afterwards tender his vote at such booth as of the same person in whose name such first-mentioned person shall have received such ballot paper, the returning officer or deputy shall put to the person so secondly tendering the prescribed questions; and also shall require him to sign his name in the book and in the manner aforesaid; and such person shall and may be dealt with in all respects in like manner as any other person having tendered his vote; but the ballot paper of such person shall not be deposited in the ballot box or allowed by the returning officer or deputy, and shall be set aside by him for separate custody. 113. If any person shall have tendered his vote as the holder of an elector's right, and his writing in the book hereinbefore mentioned of the name in which he shall demand to vote shall not in the opinion of the returning officer or deputy be of the same handwriting as the signature appearing upon the elector's right produced by him and purporting to be the signature of the holder thereof, the returning officer or deputy shall set aside for separate custody as in the next preceding section mentioned the ballot paper of such person and shall not allow the same. 114. If any person to whom a ballot paper shall have been blind or unedu delivered as aforesaid shall be blind, or being a ratepaying elector be unable to read, and shall signify the same to the returning officer or deputy, such returning officer or deputy may and shall, at the request of such person and for him and in presence of a witness if so desired by such person, strike out in the polling booth from such ballot paper the names of such candidates as such person may designate. No ballot paper to be taken out 115. During the polling at any election no person shall take of polling booth any ballot paper out of the polling booth save into one of the compartments aforesaid; and no person shall enter any such compartment while any other person shall be therein; and no person being in any such compartment shall remain there for a longer time than such as shall be reasonably required for the purpose of striking out the names from his ballot paper. And any person wilfully offending against the preceding provisions of this section or otherwise obstructing or unnecessarily delaying the proceedings at any such polling shall on conviction forfeit and pay for every such offence a penalty not exceeding fifty pounds. Obstruction of proceedings an offence. False answer to voting a 116. If any person to whom any of the prescribed questions questions &c. or shall be so put as aforesaid shall wilfully make a false answer to the misdemeanor. same or any part thereof, and if any person being so required to write his name as aforesaid shall wilfully write as his own name the No. 279. name of any other person or any name not being his own name, and 29 VICTORIA, if any person shall wilfully make a false declaration in manner aforesaid, or shall personate any elector for the purpose of voting at any election or shall vote twice at any election for the same province or district, or wilfully and knowingly deposit in the ballot box at any polling place more ballot papers than one, he shall be guilty of a misdemeanor. or deputy may cause arrest of this Act. 117. Every returning officer and deputy shall have power and Returning officer authority to maintain order and keep the peace at any election or polling held by him; and without any other warrant than this Act offenders under to cause to be arrested and taken before a justice any person reasonably suspected of committing or attempting to commit at any polling place any of the offences which are made misdemeanors hereby; and also to cause to be removed any person who shall obstruct the approaches to any polling booth or wilfully or unnecessarily obstruct or delay the proceedings at the polling or conduct himself in a disorderly manner or cause a disturbance at any election; and all constables and peace officers shall aid and assist such returning officer or deputy in the performance of his duty. to be ascertained. 118. Immediately upon the close of the poll the returning How and when officer and every deputy at the polling place at which each shall number of votes preside shall, in the presence and subject to the inspection of such of the scrutineers as choose to be present and the poll clerks (if any) but of no other persons, open the ballot box and proceed to ascertain the number of votes for each candidate; and shall upon and after such opening both abstain himself from inspecting the writing upon the back of the ballot papers; and take care that the same is not seen by any person present before the papers are enclosed in a sealed parcel as herein provided. transmission by ballot papers &c. 119. Immediately after ascertaining the total number of votes sealing and as last aforesaid, each deputy returning officer shall make up in one deputies of sepaparcel the ballot papers which shall have been used in voting at his rate parcels of polling booth during the election; in another separate parcel, the ballot papers which shall have remained unused thereat; in another separate parcel, the ballot papers which shall as herein provided have been set aside for separate custody thereat; and in another separate parcel the certified copies of rolls supplied to the said deputy signed by him and all books rolls and papers kept or used by him during the polling; and shall seal up the said several parcels; and shall what to be done permit any of the scrutineers who may desire to do so to affix his or their seals to such parcels; and shall indorse the same severally with a description of the contents thereof and with the name of the province [or district as the case may require] the name of the division and polling booth and the date of the polling; and sign with his name the said indorsement; and shall transmit the said parcels to the returning officer. with books papers rolls &c. no further proof of the existence of the elector than the appearance of his name on the roll, and that the roll itself afforded proof of the existence of the person personated.—Reg. v. Keating, 1 W. & W. (L.), 207. |