Electoral Act, 1998 (Act No. 73 of 1998)RegulationsElection Regulations, 2004Chapter 3A : Special Votes in an Election for the National Assembly7. Physical infirmity or disability or pregnancy: Voting inside voting district |
| (1) | A person referred to in regulation 6(1)(a) who wants to vote in the voting district where he or she is registered, may apply for a special vote by— |
| (a) | delivering or causing to be delivered to the municipal electoral officer of the voting district within whose area he or she is registered as a voter by not later than the relevant date or dates stated in the election timetable, a written application in a form substantially similar to Appendix 1A; or |
| (b) | submitting or causing to be submitted by no later than the date stated in the election timetable, an application electronically to the chief electoral officer through the special vote system. |
[Regulation 7(1)(a) substituted by section 3 of the Amendment to the Election Regulations, 2024, Notice No. R. 4724, GG50509, dated 15 April 2024]
| (2) | [Regulation 7(2) deleted by section 3.2 of Notice No. 371, GG 42289, dated 6 March 2019] |
| (3) | The chief electoral officer, or an officer designated by him or her, must consider every application received and if he or she is satisfied that— |
| (a) | the applicant is registered as a voter in that voting district; and |
| (b) | cannot vote at that voting station due to physical infirmity or disability, or pregnancy, approve the application and if not, reject the application. |
[Regulation 7(3) substituted by section 3.3 of Notice No. 371, GG 42289, dated 6 March 2019]
| (4) | The applicant must be notified of the outcome of the application by the most convenient method available, including short message system (SMS) or electronic mail as soon as possible but not later than two days before voting day. |
[Regulation 7(4) substituted by section 3.4 of Notice No. 371, GG 42289, dated 6 March 2019]
| (4A) | The chief electoral officer must provide the presiding officer of each voting district with a list of voters in that voting district whose applications in terms of subregulation (1) have been approved. |
[Regulation 7(4A) inserted by section 3.5 of Notice No. 371, GG 42289, dated 6 March 2019]
| (5) | If the application is approved, the applicant must be visited by at least two voting officers at an address within the voting district, specified in the application, on the date or dates stated in the election timetable, and— |
| (a) | on production of the applicant's identity document; and |
| (b) | if the voting officers are satisfied that he applicant is the person described in that identity document, the applicant's hand is marked in the manner prescribed in regulation 18 and he or she is handed a ballot paper, marked on the back for that election. |
[Regulation 7(5)(b) substituted by section 4(4.1) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]
| (6) | The applicant is allowed to mark the ballot paper in secret and to place and seal it in an unmarked envelope which is in turn placed and sealed in another envelope which is marked on the outside with the applicant's name and identity number and the voting district number. |
| (7) | The voting officers must take the marked envelope to the office of the presiding officer where— |
| (a) | the applicant's name on the voters' roll is marked with the letters SV to indicate that he or she has cast a special vote; and |
| (b) | the envelope is placed and securely kept in a sealed ballot box for special votes. |
| (8) | [Regulation 7(8) deleted by section 4(4.2) of the Amendment to the Election Regulations, 2024, Notice No. R. 4792, GG50637, dated 9 May 2024]. |
[Regulation 7 substituted by section 2 of Notice No. R. 968, GG 37132, dated 6 December 2013]