26.
| (1) A person who is entitled under this section to be treated as a postal voter for the purpose of an election in any electoral district may vote by post, and shall not vote in person, at such election. Any person who votes in person at an election in contravention of the preceding provisions of this subsection shall be guilty of an offence and shall, on conviction after summary trial before at Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding one year, or to both such fine and imprisonment. |
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| (2) An application to be treated as a postal voter in any electoral district may be made
| | (a) by a member of the Sri Lanka Army, Sri Lanka Navy, Sri Lanka Air Force, or an officer or servant in the Department of Police, the Sri Lanka Government Railway, the Department of Posts and the Department of Telecommunications or the Sri Lanka Central Transport Board or any Regional Transport Board, on the ground that he is unable or likely to be unable to vote in person at the polling station allotted to him by reason of the particular circumstances of his employment as such member, officer or servant, and | | |
| | (b) by any other officer or servant in the public service or of the Central Bank of Ceylon, or the Local Government Service on the ground of the particular circumstances of his employment on the date of the poll for a purpose connected with the election or of his being likely to be employed for that purpose, and | | |
| | (c) by a candidate at a General Election on the ground that he is unable or likely to be unable to vote in person at the polling station allotted to him by reason of his candidature in some other electoral district. | | |
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| (3) An application to be treated as a postal voter shall be made to the returning officer so as to reach him not earlier than the seventh day and not later than the fourteenth day after the date of publication of the Proclamation or Order requiring the holding of an election. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the Second Schedule to this Act. |
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| (4) No application to be treated as a postal voter shall be allowed by a returning officer unless he is satisfied that the application is in accordance with the preceding provisions of this section. |
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| (5) The returning officer may, for the purpose of the disposal of applications to be treated as postal voters, by notice require any person to give such officer any such information as may be necessary for that purpose. |
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| (6) The decision of a returning officer on an application to be treated as a postal voter shall be communicated in writing to the applicant. |
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| (7) The decision of the returning officer to allow or disallow an application to be treated as a postal voter shall be final. |
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| (8) Where an application to be treated as a postal voter is allowed by a returning officer, the applicant shall be a person entitled to be treated as a postal voter for the purpose of an election. |
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| (9) The returning officer shall, as soon as practicable, send by post to each person who is entitled to be treated as 8 postal voter, to the address furnished by such person
| | | (b) a form of declaration of identity; | | |
| | (c) an envelope which shall be smaller than the envelope referred to in paragraph (d) of this subsection, and which shall be marked "ballot paper envelope" and also with the number printed on the postal ballot paper issued to such person, and in which the postal ballot paper shall be enclosed when it if returned duly marked; and | | |
| | (d) an envelope for the return of the aforementioned documents. | | |
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| (10) The form of the ballot paper and the form of the declaration of identity which are to be used by persons entitled to be treated as postal voters, and the procedure to be followed at the proceedings on their issue, shall be according to the regulations contained in the Second Schedule to this Act. |
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| (11) A ballot paper issued to a person entitled to be treated as a postal voter is in this Act referred to as a " postal ballot paper ". |
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| (12) The returning officer of any electoral district where there is an election shall, as soon as practicable, prepare a list (in this Act referred to as the " postal voters' list") specifying the name, address and number of the register of electors of every person entitled to be treated as a postal voter. Such list shall be prepared in such manner as may be prescribed in that behalf by the regulations contained in the Second Schedule to this Act. |
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Sri Lanka Consolidated Acts