Opinion Number. 177

Subject

ELECTIONS EFFECT OF PERSONATION OF ELECTOR ON RIGHT TO POSTAL VOTE

Key Legislation

CONSTITUTION, s. 41 : COMMONWEALTH ELECTORAL ACT 1902

Date
Client
The Secretary, Department of Home Affairs

The Secretary, Department of Home Affairs:

The Secretary, Department of Home Affairs asks to be advised whether a Returning Officer is legally justified in rejecting a postal ballot-paper from a bona fide elector if some other person has already voted in the name signed on the counterfoil-in view of section 41 of the Constitution.

A person who has a right to vote-whether that right is secured by the Constitution or depends solely on the Electoral Act-is entitled to exercise that right. In my opinion, his right is not in any way affected by the fact that another person has voted in his name.

[Vol. 4, p. 205]