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  1. Constitutions
  2. New Zealand
  3. Interfering with or influencing advance voters

🇳🇿 New ZealandConstitution

Electoral Act 1993

Interfering with or influencing advance voters

Jurisdiction
New Zealand
Provision
197A
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
1 A person must not do any of the things listed in subsection (2) in an advance polling place or in a buffer zone for that advance polling place while the advance polling place is open for voting. 2 A person must not— a hold or take part in a demonstration or procession having direct or indirect reference to the poll; or b make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus; or c exhibit, publish, distribute, or broadcast— i a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or ii a statement advising or intended or likely to influence an elector to abstain from voting; or iii a party name, emblem, slogan, or logo; or iv any ribbons, streamers, rosettes, or items of a similar nature in party colours. 3 Despite subsections (1) and (2), a person may do the things allowed by subsections (4) to (7) in an advance polling place or in a buffer zone for that advance polling place while the advance polling place is open for voting. 4 A person may make a statement described in subsection (2)(b) if the statement is a publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of— a an advertisement placed by the Electoral Commission; or b a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 ; or c news that relates to an election. 5 A person may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if— a the statement or thing does not relate specifically to the election campaign; and b before the advance polling place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party. 6 A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official. 7 A person may wear a party lapel badge if the person is not an electoral official. 8 Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act. 9 The Electoral Commission may, at any time during the period when an advance polling place is maintained, cause to be removed or obliterated from the advance polling place or the buffer zone statements or things referred to in section 198(1)(a) to (c) , subject to section 198(2) and (3). 10 In this section,— buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance polling place entrance means an entrance, used by voters, to the area of the advance polling place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance polling place . Section 197A : inserted , on 21 March 2017 , by section 96 of the Electoral Amendment Act 2017 (2017 No 9). Section 197A(1) : amended , on 20 December 2025 , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(3) : amended , on 20 December 2025 , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(5)(b) : amended , on 20 December 2025 , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(9) : amended , on 20 December 2025 , by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(10) advance voting place : repealed , on 20 December 2025 , by section 45(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(10) buffer zone : amended , on 20 December 2025 , by section 45(3) of the Electoral Amendment Act 2025 (2025 No 82). Section 197A(10) entrance : amended , on 20 December 2025 , by section 45(4) of the Electoral Amendment Act 2025 (2025 No 82).

Source record

Source and verification

Electoral Act 1993 · legislation.govt.nz · Retrieved 18 August 2026.

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