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Changes in legislation


The Electoral Amendment (Electoral Participation) Act 2010 came into operation on 20 August 2010. The impact of the new legislation is summarised as follows:

Automatic enrolmentTop

Before this legislation, the only way to enrol has been for a person to fill in and sign an enrolment form and send it to an electoral commission. Now, the VEC will be able to use information it holds to enrol people who have turned 18. The VEC will write to people it has enrolled, informing them of their enrolment and giving them an opportunity to correct any mistake. At first, the VEC will enrol VCE students who are 18, using information supplied by the Victorian Curriculum and Assessment Authority.

Enrolment at voting centresTop

People who are found not to be enrolled when they come to vote will now be able to enrol and cast a provisional vote at a voting centre. They will have to show a proof of identification such as a driver's licence or nominate a service provider. After election day, the VEC will check the enrolment applications and service providers, and, if everything is satisfactory, will enrol the applicants and admit their votes to the count for the election.

Electronically assisted votingTop

At the 2006 State election, blind and low vision electors were able to vote electronically. Now, electors with language or literacy difficulties and those with motor skill impairments will also be able to cast an electronically assisted vote. Electronically assisted voting, using a telephone or touchscreen, will be available at 100 early voting centres in the two weeks before election day.

Abolition of three month ruleTop

The three month rule meant that electors who had changed their principal place of residence more than three months before election day without updating their enrolment were unable to vote. Now, all electors on the roll will be able to vote.

How-to-vote cardsTop

The VEC must display all registered how-to-vote cards on its website as soon as possible after they are registered.

Group voting ticketsTop

Upper House groups of candidates may amend or withdraw their request to be a group on the ballot paper up to 24 hours before the close of nominations. However, a group that is established at that point must lodge a group voting ticket (which sets out the order of voting preferences for "above the line" votes for that group) with the VEC. Previously, lodgement of a group voting ticket was optional.

Authorisation of letters and cardsTop

Letters and cards that bear the name and address of the sender will no longer have to include an authorisation tag.

Acceptance of postal vote declarationsTop

If a postal vote declaration envelope is postmarked the Sunday after election day, the VEC will use the date of the witness's signature on the declaration to determine whether the vote should be included in the count.



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