Part XVA, ‘Pre-poll voting’
Part XVI, ‘The polling’
Part XXI, ‘Electoral offences’

In this chapter you will find a description of what you are entitled to do during the polling on election day, and a summary of what you, and others, cannot do under the law. A full list of offences under the law, and the penalties that these incur, is at Appendix 1. The permissible behaviour of party workers and others who are likely to be in the vicinity of the polling place, such as photographers or media representatives, is also described.

Note: When a building used as a polling place is situated in enclosed grounds and the officer-in-charge, with the authority of the DRO, displays at each entrance a signed notice stating that the grounds are part of the polling place, those grounds are considered to be part of the polling place for purposes of any of the offences listed in this chapter or in Appendix 1.

Rights of scrutineers

As a scrutineer, you have certain rights under the Act, whether you are within the polling place or performing your duties as a scrutineer elsewhere. These rights are outlined below, along with the sections of the Act that specify them.

Coming and going

The Act, s. 218(2)

You may enter and leave the polling place at any time during the polling. If you leave, you can be replaced by a relieving scrutineer who has been properly appointed. Remember, only one scrutineer for each candidate at each issuing point can be present in the polling place at any one time.

At the sealing of the ballot boxes

The Act, ss. 217(1), 220(a), 220(d), 225(8), 226A(7) and 227(10)

You have the right to observe the officer-in-charge sealing the empty ballot box and recording the seal numbers before the poll commences at 8 am. You may also observe the sealing of the ballot box at the conclusion of mobile polling.

Note: Section 220(d) of the Act—sealing ballot boxes—does not apply at counting centres.

Questioning of electors

The Act, ss. 229(1)(a), (b) and (c)

You may observe the questioning of electors by the issuing officer. Every person claiming to vote must be asked at least the following three questions:

1. What is your full name?
2. Where do you live?
3. Have you voted before in this election (or these elections)?

Objections

The Act, s. 231(2)

You may object to the right of any person to vote. The officer-in-charge must record all such objections by scrutineers.

Helping voters

The Act, ss. 234 and 234A

You may assist any voter if they ask you. You may observe and accompany the officer-in-charge when they are requested to assist a voter who is blind or has low vision, has low literacy skills or is otherwise incapable of marking the ballot paper without assistance.

These voters may, however, appoint another person to enter the voting booth with them to mark, fold and deposit the ballot paper in the ballot box. In this case, neither the officer-in-charge nor the scrutineer accompanies the voter into the voting booth.

You may also be present during the issuing of votes outside the polling place to any voter who has satisfied the officer-in-charge that they are unable to enter the polling place itself due to physical incapacity.

Electronic voting trial

Electoral and Referendum Regulations 1940 (the Regulations)

The AEC is trialling an electronic voting system at this federal election for electors who are blind or have low vision. This trial involves electronic voting machines at 29 early voting locations around Australia.

Helping voters

rr. 45 and 47(5)

An elector who is blind or has low vision may ask an officer at an equipped early voting centre to use the electronic voting machine to cast their vote. You may perform your functions as a scrutineer as if the person using the electronically assisted voting method was casting an early vote or a vote on election day.

Observing printing

r. 68

You may observe the printing of the remote electronic vote records and the bundling of those records for distribution to the relevant divisional office.

What about other situations?

The Act, s. 200DA(1)

You have the right to be present during the polling at an early voting centre.

The Act, ss. 224(3)(b) and 225(4)(b)

You have the right to be present during the conduct of mobile polling in hospitals.

In hospitals that are polling places, polling officials take the ballot boxes and necessary voting equipment to patients during polling hours on election day.

In special hospitals, electoral visitors visit patients for the purpose of taking their votes during the five days before election day or on election day itself. Electoral visitors may carry how-to-vote material, but may not openly display it. They must advise voters that the material is available and may distribute it at the request of a voter.

The Act, s. 226A(4)(b)

You have the right to be present during the conduct of mobile polling in prisons and remand centres in accordance with arrangements made with prison authorities.

The Act s. 227(10)

You have the right to be present during the conduct of mobile polling in remote areas. However, you must arrange your own transportation.

Mobile polling teams visit remote areas in the period beginning 12 days before election day and ending on election day.

Offences by scrutineers

The Act and the Criminal Code are specific about what constitutes an offence by a scrutineer. These offences and the penalties they incur are set out in more detail in Appendix 1. Penalties can involve a fine or imprisonment or both. This section summarises the various types of offences that you need to be aware of as you perform your role as scrutineer.

If you are in any doubt about what constitutes an offence, you should seek your own independent legal advice.

Behaviour in the polling place

The Act, s. 348

A scrutineer must not interfere with a voter, or attempt to influence any voter within the polling place. You must limit any communication you have with a voter to what is necessary for you to discharge your function as a scrutineer.

If the officer-in-charge considers that you have committed a breach, or that you are guilty of misconduct, they may request that you be removed from the polling place by the police or by another authorised person. You may also be removed if you fail to obey the lawful directions of the officer-in-charge.

You must not disclose to anyone else any knowledge you may acquire as a scrutineer about how an elector has voted.

You must not exhibit or leave in the polling place any printed material—card or paper—that directs, instructs or is intended to influence an elector on how to vote.

Other offences on election day

Scrutineers, party workers and other supporters of a candidate should also be aware of various other acts and omissions that constitute an offence on election day. These cover matters such as trying to influence a voter, deliberately misleading a voter, making false statements, impersonating someone else, various kinds of fraudulent acts to do with ballot papers, acting without the proper authority, and destruction or defacement of, for example, ballot boxes.

The Act Part XXI

In summary, these offences include:

• see appendix 1knowingly making a false or misleading statement about an elector’s enrolment to them on election day;
• marking a vote or making any other mark on any other person’s ballot paper without authority;
• impersonating someone else with the intention of securing a ballot paper to which the impersonator is not entitled;
• impersonating someone else with the intention of voting in their name;
• fraudulently doing anything that results in a nomination paper or ballot paper being defaced or destroyed;
• fraudulently putting any ballot paper or other paper into the ballot box;
• fraudulently taking any ballot paper out of any polling place or counting centre;
• supplying ballot papers without authority; and
• doing anything that results in the unlawful destruction of, taking of, opening of, or interference with, ballot boxes or ballot-papers.

Other offences include:

• voting more than once in the same election; and
• defacing, mutilating, destroying or removing any kind of material displayed by or under the authority of the DRO.

The six-metre limit

Special prohibitions apply to the area within six metres of the entrance to a polling place (or special hospital up to and including the five days before polling).

Party workers and supporters who are distributing how-to-vote cards must keep off polling place premises or grounds, and only hand out how-to-vote cards to electors outside these limits. The following prohibitions also apply to any of the following acts that are broadcast by electronic equipment, and are clearly audible within six metres of the entrance to a polling place. Party workers, scrutineers and candidates’ representatives must not:

• canvass for votes; or
• solicit votes; or
• induce any elector not to vote for any particular candidate; or
• ninduce any elector not to vote at the election; or
• exhibit any notice or sign (other than an official notice) relating to the election.

Party workers

Party workers, other than those appointed as scrutineers, may only enter the polling place once—to record their own vote.

There is only one exception—when a party worker is nominated by an elector who is blind or has low vision, is physically incapacitated or has low literacy skills—to help that person vote.

The Act, s. 340(1)

At all other times party workers must remain at least six metres from the entrance of the polling place.

The general prohibition on canvassing within six metres of an entrance to a polling place means that how-to-vote cards or other non-AEC notices cannot be distributed or displayed within that distance.

How-to-vote cards

Party workers may assist electors by handing them how-to-vote cards and, if necessary, explaining the card to them. Party workers are reminded that it is an offence to print, publish or distribute misleading or deceptive statements relating to the actual marking of a ballot paper. How-to-vote cards must carry the name and full street address of the authoriser, and the name and place of business of the printer. They must not be exhibited or left in a polling place.

Electoral material including how-to-vote cards for voters in remote areas, prisons and remand centres may be supplied by party workers to the leader of a mobile polling team. It is not the responsibility of the team leader to arrange for this, or to remind party workers to do so. In remote areas, prisons and remand centres, mobile polling teams will provide this material to electors at their request.

Electoral material, including how-to-vote cards, may be supplied to the general office of hospitals where mobile polling will take place. An officer-in-charge or electoral visitor who visits an elector in hospital must advise the elector what electoral material, including how-to-vote cards, is available and give any of the material to the elector at their request.

Note: Where circumstances permit, the AEC may conduct polling at major airports. For more information see www.aec.gov.au.

Senate voting tickets

The Act, s. 216(1)

see Senate group voting ticketsBooklets setting out copies of all Senate voting tickets that have been lodged in a state or territory are available at every polling place on election day. Early voting centres and interstate voting centres will also have copies of voting tickets for all states and territories and they will be published on the AEC website.

Photographers and media

Photographers and members of the media or their equipment must not hinder, inconvenience or delay any polling staff or voters. No photographs may be taken of a person recording a vote that would in any way identify how the person has voted.

Anyone arranging for photographers or media to visit polling places should contact the DRO in sufficient time to enable arrangements to be made with the officer-in-charge at the relevant polling place. Members of the media or photographers must have the permission of the officer-in-charge before visiting a polling place, and they must have the permission of the relevant DRO and the institution concerned before visiting any place where mobile polling is being conducted.

In situations where the AEC is taking photographs, it will endeavour to use the AEC model release form, which provides a licence to use the images in the future.

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