THE NSW Electoral Commission has warned filling out postal votes contrary to a voters’ wishes is a criminal offence, after an aged care worker was convicted in Orange Local Court last month.
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The commission released its list of criminal matters for 2018, which included the Orange offence from September 2017 when the woman filled out 35 Orange City Council election votes without signed declarations from residents.
A spokeswoman said it was the only matter prosecuted by the commission involving misconduct in postal voting.
She said staff at declared institutions, such as nursing homes, could ask the Electoral Commissioner to send applications for a postal vote to the institution, to be completed by the residents, and packs were sent out.
“To vote, the postal voter must fill in the ballot paper, fold it and then complete the declaration on the certificate,” she said.
“This must be done in the presence of a witness, who must also complete their own section of the declaration on the certificate.”
She said people who assisted postal voters if they could not write must not attempt to influence the voter or fill in a ballot paper otherwise than as requested by the voter.
“To do so could mean that a person is committing a criminal offence,” she said.
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