Presidential Elections Act, 1993

Voting by postal voters.

40.—(1) Every presidential elector whose name is, at the time of an election, in the postal voters list for a constituency (in this Act referred to as “a postal voter”) shall be entitled to vote in that constituency at the poll at the election by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the election in any other manner.

(2) The local returning officer for a constituency shall, as soon as practicable after the receipt from the presidential returning officer of notice of the adjournment of an election for the purpose of taking a poll, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

(3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to postal voting at an election and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters, the local returning officer shall comply with the provisions of those sections.

(4) The notices required to be given to each candidate pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall, where a candidate has appointed a local agent for the constituency concerned, be given to such local agent.

(5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to the election agent and local agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.