POLL CANDIDATES, PARTY WORKERS, AND POLLING AGENTS

Candidates, party workers and polling agents have different responsibilities and rights at polling stations.

Candidates

Candidates are NOT ALLOWED to take part in any way in the conduct of an election. They may not act as polling agents and they may not enter a polling station except to record their own vote. They may, of course, mix with party workers and voters outside the 50m boundary of the polling station.

Party Workers

Party workers distribute 'how-to-vote' cards and encourage voters to vote for the party or candidate which the party worker supports. This is called 'canvassing'. They are not allowed to canvass within 50 metres of an entrance to a polling station. This provision should be strictly enforced.

A party worker may enter the polling station only once - to record his or her vote.

Polling Agents

Polling agents are party workers who are appointed by candidates to observe voting, they play a role in the election process but must follow certain rules.

Polling Agents Identification Cards

Polling Agent have identification cards.

Number of Polling Agents Allowed in the Polling Station

During polling a candidate is entitled to appoint 7 polling agents but only ONE polling agent of each candidate may be present for each issuing point in the polling station at which ballot paper's for the candidate's constituency are being issued. Except in large polling stations, there will usually be only one issuing point.

Replacement of Polling Agents

Polling agents may come and go during voting but there must not be more than one polling agent per candidate at an issuing point at any one time.

Rights and Responsibilities

Polling agents have a right to sit in the premises so that they may observe the proceedings and see and hear the names of voters to whom ballot papers have been issued. They must not interfere in the proceedings other than to dispute the identity of a voter i.e. object to the right of a person on the ground that he or she is not the same person named on the Electoral Roll.

Polling agents MAY:

• observe all voting procedures except the actual marking of votes on ballot papers;
  

• observe the request for assistance by an illiterate voter;

• object to the right of any person to vote on the ground that the person is not the same person named on the Electoral Roll (the elector may still vote if you permit him or her but any such objection should be recorded immediately);
  

• enter and leave the polling station at any time during voting (their place may be taken by another appointed polling agent who should be given the same identification card).

Polling agents MUST NOT:

• touch ballot papers;
  

• interfere with, or attempt to influence any voter;
  

• disclose any knowledge gained concerning the vote of any person;
  

• wear a badge or emblem or clothing with the name, symbol etc. of a political party or candidate within the polling station;
  

• deliberately show or leave in the polling station any How-to-Vote card or similar direction as to how a voter should vote; or
  

• help with the clearing of polling booths or removal of material from the polling station.

Persons Who May Remain in the Polling Station

Only the following persons may lawfully remain within the polling station:

• persons actually voting or waiting to vote;

• returning officer for the constituency (Divisional Commissioner);
  

• assistant returning officer (District Officer);
  

• polling officials;
  

• police officers on duty;
  

• one polling agent of each candidate for each issuing point at which ballot papers for the candidate's constituency are being issued;
  

• members of the Electoral Commission;
  

• Supervisor of Election;
  
  

• any authorised observer with an official ID Card;
  

• any person with the written permission of the Supervisor of Election.

The 50m Boundary

A Boundary of 50 meters from the polling station is usually marked with a rope.

It is an offence for persons to assemble within the boundary unless they are waiting to vote.

The Electoral Act states that within the 50m boundary following may be removed, concealed, or obliterated:

• any statement or other thing advising or intending or likely to influence any voter as to the candidate or party for whom she or he should or should not vote; or
  
  

• any statement or other thing advising or intending or likely to influence any voter to abstain from voting.
  

This does not apply to the list of preferences lodged by a registered political party or independent candidate and exhibited outside the polling station.

Offences

Section 136 of the Electoral Act states that any person who on polling day:

(b) Either in a polling station or within 50 meters of a polling station in any way interferes or attempts to interfere with any voter, with the intention of -

• Canvassing of votes; (this includes oral canvassing, displaying such items as specimen ballot papers, or wearing or carrying placards saying "Vote for X")
  

• Soliciting the vote of a voter;
  

• Inducing the voter not to vote for a particular candidate;
  

• Inducing the voter not to vote in the election; or
  

• Inducing the voter not to vote in the election; or
  

• Asking for whom the voter intends to vote or has voted;

• Polling officials should in general speak to voters only when asked a question or to help a voter who clearly does not know what to do;
  

• Polling officials may read out to illiterate voters the names of the candidates and their symbols but should not give the merits or demerits of any candidate;
  

• In speaking to voters, polling officials must not whisper but must speak up so that the polling agents can hear what is said;
  

• The voter may be advised as appropriate to:
  o proceed alone to a vacant polling booth;
  o read the Directions for the Instructions of Voters displayed in the polling booth;
  o fill in the ballot paper;
  o fold the ballot paper to conceal the vote;
  o show the official stamp and initials on the back of the ballot paper to the ballot box guard;
  o put the ballot paper in the ballot box; and
  o leave the polling station when finished.
  

• If asked, a clerk may assist a voter by telling him how many votes he or she has, or at his or her request reading out the list of candidates and the order of preferences for those candidates, but must not do or say anything that may influence the voter's choice.

Objections by Agents

An agent may only object to a person being issued with ballot papers on the grounds that the agent does not believe that the person is the voter named in the Electoral Roll.

This is a sensitive issue. The agent is effectively claiming that the person is impersonating another voter, which is a criminal offence carrying a penalty of a fine of $1000 and 12 months imprisonment.