Electoral law provides that a presiding officer may, at his or her own discretion, or if required by a personation agent present in the polling station, require any person attending to vote to produce one of the specified documents as evidence of identity. If he or she fails to produce the document or if the presiding officer is not satisfied that the person concerned is the person to whom the document produced relates, the person shall not be permitted to vote. The documents which may be accepted are prescribed in regulation 2(b) of the Electoral (Amendment) (No. 2) Regulations 2024.
The purpose of the requirement regarding evidence of identity is to strengthen the safeguards against the offence of personation, particularly against the possibility that the offence may be attempted on a widespread and organised basis. It is not intended that the provision would be so operated as to prevent qualified electors voting.
The Manual for Presiding Officers, prepared by my Department for each electoral event, advises presiding officers to seek evidence of identity:
• whenever requested by a personation agent present in the polling station;
• whenever the presiding officer suspects that a person is attempting to commit personation; and
• in the case of 25% of the persons attending to vote selected at random throughout the day.
In exercising his or her discretion in regard to seeking evidence of identity from a random selection of persons attending to vote, the presiding officer, should request a minimum of 25% of the electors attending his or her station to produce one of the specified ID documents. Presiding officers are advised that the electors should be selected at random throughout the day but particular attention should be paid at rush hours when it is most likely that personation would be attempted.
While electoral law is kept under review, I have no plans at present to amend these provisions.
