Document ID: chunk:federal_register_of_legislation:C2025C00128:section:36a
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 36A
Character Range: 73265–75549

36A  Certain voters may vote outside polling place
 (1) If the presiding officer at a polling place is satisfied that a voter is unable to enter the polling place because of physical disability, illness, advanced pregnancy or other condition, the presiding officer may allow the voter to vote outside the polling place, in close proximity to the polling place.
 (2) Before allowing the voter to vote outside the polling place, the presiding officer must:
 (a) inform any scrutineers at the polling place that the voter is to vote outside the polling place; and
 (b) allow scrutineers to be present when the voter votes.
 (3) Subject to subsection (5), the voter:
 (a) must mark his or her vote on the ballot paper in the presence of the presiding officer or a polling official; and
 (b) must hand the ballot paper to the officer or official.
 (4) The presiding officer or polling official must ensure that the ballot paper is immediately returned to the polling place and put in the ballot‑box in the presence of any scrutineers who were present when the voter voted.
 (5) If the voter also satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer may, with the voter's consent, mark, or allow a polling official to mark, the voter's ballot paper.
 (6) The voter must indicate to the presiding officer or polling official how the voter wishes the officer or official to mark the voter's ballot paper.
 (7) Without limiting the methods by which the voter may indicate, for the purposes of subsection (6), how the voter wishes to vote, the voter may present to the presiding officer or polling official a statement in writing (which may be, or include, a how‑to‑vote card) specifying how the ballot paper is to be marked.
 (8) If subsection (5) applies to an absent or provisional voter, the presiding officer or polling official must:
 (a) fill in the declaration referred to in subsection 37(2) or 46(1) or (1A) with the required particulars as requested by the voter; and
 (b) read the declaration to the voter; and
 (c) complete and attest the declaration; and
 (d) cause the declaration to be witnessed by a scrutineer, or, if no scrutineer is present, by another person who is either the presiding officer or a polling official.