vote is given. And that I will keep secret all knowledge of the person for whom any elector has voted which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer. Declared before me this PART IV.RETURNING AND PRESIDING ETC. And such justice shall transmit the declaration so made by the first convenient opportunity to the Home Secretary. places. 46. The Governor in Council may from time to time appoint places Pollingfor taking the poll for any electoral district, and every place so appointed shall be notified in the Gazette. Provided that no such appointment shall be valid unless such nctification is so published three clear days before the day of nomination for the election. Writs. to returning 47. Writs for the election of members to serve in the Assembly shall Writs directed be directed to the returning officer of the respective electoral districts, officers. and in every such writ shall be named the day and place of nomination for the election, the day for taking the poll at the several polling-places in the event of the election being contested, and the day on which the writ is returnable to the Governor or Speaker as the case may be. *And, subject to this Act, the writ shall be returned not later than the day named therein, notwithstanding the fact that any votes of persons to whom postal ballot certificates have been issued, as hereinafter prescribed, have not then been received, examined, and counted by the returning officer. Writs shall be in the following form or to the like effect: Victoria, by the Grace of God of the United Kingdom of Great To the Returning Officer of the Electoral District of of GREETING: to be the day and We command you that you proceed according to law to the election Member to serve in the Legislative Assembly of Queensland for the said district. And we do hereby appoint the day of in the year of our Lord to be the place of nomination of candidates at the said election. And we do further command you that in the event of the said election being contested the poll shall be taken on the day of at the several polling-places duly appointed for the said Electoral District. And that you do endorse hereon the name of the person elected and the date of election, and do return this our writ so endorsed to the Governor of our Colony of Queensland [or the Speaker of the said Legislative Assembly] at Brisbane not later than the day of the Governor and the Governor [or Speaker]. and polling notified. 48. The returning officer shall endorse upon the writ so directed to Nomination him the day on which he receives it, and shall forthwith give public days to be notice of the day and place of nomination, and of the day of polling publicly mentioned in the writ, and of the several polling-places, and of a convenient house or place within the Electoral District, to be named by the returning officer, as the place of nomination at which he will be present between the hours of noon and four o'clock after noon on the day *Paragraph inserted by section 11 (1) of the Act of 1905. Note that the provisions relating to voting by postal ballot" have been repealed. Words four and six o'clock" repealed and noon and four o'clock" substituted by section 14 of the Act of 1897. PART IV.RETURNING AND PRESIDING OFFICERS, ETC. How person may become candidate. Form of nomination. Nomination not to be avoided for mere informality. Certificate of Copy nominationpaper to be posted Uncertified insolvent incapable of being nominated or elected. preceding the day of nomination for the purpose of receiving the nomination-papers of candidates, and shall also as soon as possible give public notice of any polling-place appointed after the issue of the writ. Provided that a nomination-paper may be received by the returning officer at any time or place before the said hour of *noon. Nomination. 49. In order that any person may be or become a candidate at an election, he shall be nominated by not less than six persons entitled to vote at such an election, in manner following, that is to say,-Before four o'clock after noon of the day preceding the day of nomination named in the writ, there shall be delivered to the returning officer, who shall if required give a receipt for the same, a nomination-paper naming such person as a candidate at such election and signed by the persons nominating him in the following form: of We, the undersigned electors of the Electoral District of do hereby nominate [state christian name and surname], [state residence and occupation], for the office of member of the Legislative Assembly for the said district.§ Dated this day of 18. [Here are to follow the signatures.] And such person or some person on his behalf shall, at the time of the delivery of such nomination-paper, pay to the returning officer in sterling money or bank notes the sum of twenty pounds to be dealt with as hereinafter provided, and no person who is not so nominated, or by or for whom or on whose behalf such payment is not made, shall be, or be deemed to be, a candidate at the election. Provided that no nomination-paper shall be rejected for any mere formal defect or error therein, if the returning officer is satisfied that the provisions of this Act have been substantially complied with. 49A.** If the Returning Officer is satisfied that the provisions of this Act with respect to a nomination-paper have been substantially complied with, he shall make and sign at the foot of the nomination-paper a certificate in the following form or to the like effect: I, the undersigned Returning Officer for the abovenamed Electoral District, do hereby certify that I received this nomination-paper at [name of place where received], this day of 18, and that the provisions of "The Elections Acts, 1885 to +1908," with respect to it have been complied with. A.B., Returning Officer. But no such certificate shall be construed to qualify any person to be a candidate or to sign the nomination-paper who is not qualified to be a candidate or to sign the same, or to validate any signature thereto which is false or forged. 50. Immediately on the receipt of a nomination-paper it shall be the duty of the returning officer to post a copy thereof outside the nearest police office, or, if there is no police office at the place of nomination, then in some conspicuous place there. 51. Any person who has been adjudged insolvent, or has had his affairs liquidated by arrangement under any Act passed or to be passed relating to insolvency, shall be incapable of being nominated or elected unless * Words "four o'clock" repealed and noon" substituted by section 14 of the Act of 1897. As to qualification of candidate, see the Legislative Assembly Act of 1867" 31 Vic. No. 21), s. 2, title Constitution. Word "six" repealed and " four" substituted by section 14 of the Act of 1897. § Reference to writ omitted by section 14 of the Act of 1897. Proviso inserted by section 14 of the Act of 1897. ** Section 49A inserted by section 15 of the Act of 1897. 1908" substituted for 1897" in pursuance of section 8 (2) of Act Amendment Act of 1903," title Acts. the adjudication or liquidation has been annulled or he has obtained his certificate of discharge as an insolvent, or the creditors who have proved their debts under the insolvency or in the liquidation have been fully paid or satisfied. PART IV.RETURNING AND PRESIDING OFFICERS, ETC. to be elected 52. If the number of persons who are duly nominated as candidates Result if only at any election does not exceed the number of members to be elected, the number the returning officer shall, at noon on the day of nomination at the nominated. place named as aforesaid for the delivery of the nomination-papers, publicly declare such candidates to be duly elected, and make his return accordingly. nominated elected. 53. If the number of persons who are duly nominated as candidates What to be exceeds the number of members to be elected, then for deciding between done if more such candidates a poll shall take place on the day named in the writ for than to be that purpose at the several polling-places for the district, and the returning officer shall, at noon on the day and at the place named as aforesaid for the delivery of the nomination-papers, publicly announce the names of the persons who have been duly nominated as candidates, and that a poll will be so taken, and shall also forthwith publish the like announcement in some newspaper published in the district, or, if none such is published, then in the newspaper published nearest to the district. nominated 54. If any candidate is desirous of retiring from his candidature he Retirement of may, not later than seventy-two hours after the hour of noon on the day t of nomination, sign and deliver to the returning officer a notice in the before poll. following form or to the like effect: To the Returning Officer of the Electoral District of I, A.B., do hereby retire from being a candidate for election for the Electoral District of at the ensuing election. The returning officer, on the receipt of such notice, shall omit the name of the person so retiring from the ballot-papers to be used at the election, or, if any of such papers have been printed, shall erase his name therefrom. The person so retiring shall not be capable of being elected at the election, and if the number of candidates is by his retirement reduced to the number of persons to be elected at the election, then the returning officer shall forthwith declare the remaining candidates or candidate to be duly elected as though the number of candidates had not exceeded the number of members to be elected, and the returning officer shall make known as publicly as possible, by advertisement or otherwise, the fact of the retirement of such candidate. of money paid on 55. When a poll takes place as hereinafter provided, the moneys paid Destination to the returning officer as aforesaid by all such candidates as shall not afterwards receive at the poll a number of votes equal at least to one- nomination. fifth part of the votes received by the successful candidate if there is only one, or by such one of the successful candidates if there are more than one as received the smallest number of votes, shall be forfeited to Her Majesty, and be paid over by the returning officer to the Treasurer, and shall form part of the Consolidated Revenue Fund. And after every election the returning officer shall pay to each of the candidates who has retired from his candidature under the provisions *Words "two clear days after" repealed and seventy-two hours after the hour of noon on" substituted by section 16 of the Act of 1897. PART IV. RETURNING AND PRESIDING ETC. Booths to be erected. Returning officer to provide presiding officers. Absence of returning officer or presiding officer or substitute not to invalidate election. Several at the same polling-place. herein before contained, or who has been returned without a poll, or who has received a number of votes equal at least to such fifth part whether he is declared elected or not, all moneys so paid by or for him. * Provided that in computing the number of votes for the purposes of this section no votes shall in any case be reckoned other than votes for a candidate in the first instance. Poll. 56. For taking the poll at an election, the returning officer shall cause booths to be erected or rooms to be hired and used as such booths in one place at each polling-place as occasion may require. 57. The returning officer of each electoral district shall preside at one polling-place within or belonging to his district, and shall by writing under his hand appoint presiding officers to take the poll at fall other polling-places except those central polling-places for which assistant returning officers have been appointed as hereinafter provided, and shall supply a copy of the roll certified by him under his hand to each presiding officer. The returning officer, and each presiding officer with the approval of the returning officer, may in like manner appoint one or more persons to be a poll clerk or poll clerks to assist him in taking the poll. In case any returning officer or other presiding officer is prevented from attendance by illness or other sufficient cause, he may appoint by writing under his hand a substitute to act for him, who shall have full power and authority to do all things required by this Act to be done by his principal, but at his polling-place only. If by reason of the absence of the presiding officer the poll is not taken at any polling-place, the election shall not be therefore void, but it shall be lawful for the returning officer to appoint another day not later than thirty-six days from the day named in the writ for taking the poll at such polling place, of which appointment due notice shall be publicly given, and the poll shall be taken accordingly and be deemed to have been taken on the day first appointed. When a larger number of electors is likely to vote at a polling polling-booths place than can conveniently vote in the same polling-booth, the returning officer may appoint two or more polling-booths at that polling-place, and shall, in such case, appoint presiding officers to take the poll at the polling-booths at which he does not himself preside. Ballot-papers to be printed and furnished. All the provisions of this Act relating to presiding officers shall apply to presiding officers presiding at such polling-booths. 58. Forthwith after a poll stands appointed for any election, the returning officer shall cause to be printed or written ballot-papers containing the candidates' names in alphabetical order and nothing else, according to the following form:- and shall supply to the presiding officer of each polling-place so many of such ballot-papers as shall be fully equal to the number of electors likely * Proviso inserted by section 17 of the Act of 1897. + Words from all" to "provided" substituted for "the other polling-places" by section 11 of the Act of 1908. Section 18 of the Act of 1892, as amended, inserted by section 26 and the Schedule of the Act of 1897. § Substituted for original form by section 20 of the Act of 1897. to vote at such polling-place, and shall keep for himself a like sufficient number for the polling-place at which he is to preside. If two candidates have the same *surname and Christian name, the residence and description of each candidate shall be added to his name on the ballot-paper. PART IV.RETURNING AND PRESIDING OFFICERS, Erc. 59. At every booth or polling-place there shall be one or more Returning officer to compartment or compartments provided with all necessary materials for provide a the purpose of enabling the electors to mark the ballot-papers as herein- ballot-room. after provided, and in such booth or polling-place no person shall be entitled to be present other than the presiding officer, the poll clerk, the candidates and the scrutineers of the several candidates to be appointed as hereinafter provided, and the electors who for the time are voting. The presiding officer or poll clerk may summon to his assistance in such booth or polling-place any member of the police force for the purpose of preserving the public peace or preventing any breach thereof, and for removing out of such booth or polling-place any person who in his opinion is obstructing the polling or wilfully violating any of the provisions of this Act. officer to provide ballot papers. 60. The presiding officer shall provide a locked box, of which he shall Presiding keep the key, with a cleft or opening in such box capable of receiving the ballot-paper folded as hereinafter mentioned, which box shall be opened box and to be inspected by the poll clerks, candidates, and scrutineers previously to its being locked for receiving the ballot-papers, and such box shall stand upon the table at which the presiding officer presides. 61. At every poll the voting shall commence at eight o'clock in the Proceedings forenoon, and shall finally close at four o'clock in the afternoon of the at the poll. same day, unless adjourned as hereinafter provided by reason of riot or other interruption: Provided that the Governor in Council may direct that the voting shall in any electoral district, or at any polling place or places in an electoral district, terminate at any hour later than four o'clock, but not later than six o'clock in the afternoon, and in any such case the voting shall terminate at the time so directed accordingly. 62. Each candidate may, by writing under his hand, appoint one Appointment person to be his scrutineer at each booth or polling-place at the election, of scrutineers. and every person so appointed scrutineer shall upon his appointment make and subscribe a solemn declaration in the presence of the presiding officer in the form following: I, A.B., a scrutineer appointed by and for the electoral district of a candidate for election in do hereby solemnly declare that I will faithfully assist at such election, and that I will not attempt to improperly discover or by any word or action directly or indirectly aid in discovering the person for whom any vote is given; and that I will keep secret all knowledge of the person for whom any elector has voted, which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer. Declared before me this day of 18 Returning officer or presiding officer. A.B. 63. The presiding officer may if he thinks fit, and shall if required Questions to by any candidate or scrutineer, put to any person claiming to be an voters. elector, before he votes and not afterwards, the following questions or either of them, that is to say— First. Are you the same person whose name appears as (A.B. * Order of words changed by section 20 of the Act of 1897. + As to additional questions which may be put to persons claiming to vote at Commonwealth Elections, see further section 11 of the Act of 1900. |