Indian Referendum Regulations

5.1 (1) An elector may vote by mail-in ballot by

• (a) marking the ballot by placing a check mark or other mark, clearly indicating the elector’s response to the question stated on the ballot;

• (b) folding the ballot in a manner that conceals the question and any marks, but exposes the initials on the back;

• (c) placing the ballot in the inner envelope and sealing that envelope;

• (d) completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age;

• (e) placing the inner envelope and the completed, signed and witnessed voter declaration form in the outer envelope; and

• (f) delivering or, subject to subsection (6), mailing the outer envelope to the electoral officer before the time at which the polls close on the day of the referendum.

(2) Where an elector is unable to vote in the manner set out in subsection (1), the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with subsection (1).

(3) A witness referred to in paragraph (1)(d) shall attest to

• (a) the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or

• (b) where the elector enlisted the assistance of another person under subsection (2), the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector.

(4) An elector who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

(5) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

(6) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the referendum are void and shall not be counted as a vote cast.