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Article 36
 

Postal Ballot


(1) When voting by postal ballot, the voter shall send the Constituency Returning Of-ficer of the constituency in which his or her polling card was issued a sealed official re-turn envelope containing


a) his or her polling card and,


b) in a separate sealed ballot paper envelope, his or her ballot paper


in due time to ensure that the postal ballot letter is received not later than 6 p.m. on elec-tion day. Section 33 subsection (2) shall apply as appropriate.


(2) The voter or the person assisting him or her must indicate on the polling card that he or she gives an assurance in lieu of an oath to the Constituency Returning Officer that the ballot paper has been marked either personally or in accordance with the declared intent of the voter. The Constituency Returning Officer shall be responsible for accepting such an assurance in lieu of an oath; he or she shall be considered an authority within the meaning of Section 156 of the Penal Code.


(3) In the event of an order from the Land government or an agency designated by it pursuant to Section 8 subsection (3), the place of the Constituency Returning Officer specified in subsection (1), first sentence, and in subsection (2) shall be taken by the local authority of the municipality that has issued the polling cards or the administrative authority of the district in which this municipality lies.


(4) Postal ballot letters may be posted through any postal company made known offi-cially before the election as letter-post items without any special form of dispatch and free of charge if they are in official ballot letter envelopes. Anyone who uses a special form of dispatch shall pay the amount in excess of the letter rate otherwise applicable themselves. The Federal Government shall bear the costs of forwarding postal ballot let-ters.