Opinion Number. 568

Subject

ELECTORAL ENROLMENT
WHETHER BALLOT-PAPERS ARE ADMISSIBLE WHERE CLAIM FOR ENROLMENT WAS PROPERLY REGISTERED BUT ENROLMENT NOT EFFECTED

Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s.64

Date
Client
The Secretary, Department of Home Affairs:

The Department of Home Affairs asks for advice on the question raised in the following memorandum from the Commonwealth Electoral Officer, Sydney, to the Chief Electoral Officer:

I hold a claim for enrolment for the Subdivision of Burrowa, Division of Werriwa, signed by A.B.C., whose place of living and occupation are quoted as 'Woolpack', Cowra Road, via Burrowa.

The claim is endorsed by the late Electoral Registrar for Burrowa Subdivision as having been registered on 24 July 1914, but the present Electoral Registrar states that the name does not appear in his official Roll.

Mr C. voted as an absent voter for the Division of Werriwa, and the Divisional Returning Officer asks whether, in view of the endorsement on the Electoral Claim, he would be justified in directing the Electoral Registrar to add Mr C. 's name to his Roll and in simultaneously accepting Mr C.'s ballot-papers for further scrutiny.

I have expressed the opinion that as Mr C. was not actually enrolled at the time he recorded his vote as an absent voter, the ballot-papers marked by him cannot be accepted for scrutiny.

I should be glad if you would kindly advise me whether you concur in this view.

Mr C.'s name might have been, and should have been, placed on the Roll under section 64 of the Electoral Act.

But as his name was not in fact on the Roll on polling day in my opinion his ballot-papers must be rejected.

[Vol.13, p.69]