The Secretary, Department of Home Affairs asks to be advised on the following question:

An elector whose name appears on certified list of voters finds that another person has voted in his name-query-can the genuine elector vote if he establishes his identity to the satisfaction of the Presiding Officer.

In my opinion an elector does not lose his right to vote because someone personating him has voted in his name; and therefore an elector who, not having already voted at the election, claims to vote and answers satisfactorily the questions put to him by the Returning Officer, is entitled to vote notwithstanding that someone else has voted in his name, and his name has been marked off on the list of voters.

[Vol. 5, p. 135]