F.03 Prisoner voting

Prisoners eligible to vote at general elections including referendums are provided the opportunity to register and vote.

Information regarding eligibility and registering to vote is communicated to prisoners in a way that the prisoners can reasonably be expected to understand.

Prisoner voting - eligibility to register

1. Prisoners eligible to vote must be registered to vote.
2. To be eligible to vote, prisoners need to:
   1. be 18 years or older, and
   2. be a New Zealand Citizen or permanent resident of New Zealand, and
   3. have lived in New Zealand for more than one year continuously at some time in their life
   4. be sentenced to less than 3 years imprisonment.
3. Eligible prisoners sentenced to imprisonment of three years or more can register to vote on release.
4. Eligible prisoners whose sentence is reduced to less than three years imprisonment on appeal or following retrial are to be given the opportunity to register to vote.
5. Where a prisoner turns 18 years of age and becomes eligible to register to vote, unit staff are to facilitate the enrolment process for that prisoner.
6. Eligible prisoners on remand can register to vote during election periods.
   
   

   If an eligible prisoner does not want to enrol at the first opportunity, ensure that they are provided with all relevant enrolment information and copies of the relevant Electoral Commission forms. Follow up with the prisoner regarding their enrolment is required in a reasonable timeframe and must be detailed in an Offender File Note in IOMS.

F.03.01 Registering prisoners sentenced to less than 3 years to vote

1. All eligible prisoners sentenced to less than 3 years imprisonment, are provided the opportunity to register to vote on reception.
2. Staff will ensure that if the prisoner wants to register to vote, their enrolment details are collected and sent to the Electoral Commission.
3. Staff will ensure that if the prisoner want to apply for their enrolment details to be secure on the unpublished roll, they are supported to complete an application and supporting information and to send this to the Electoral Commission.
4. Details of the enrolment opportunity provided, outcome and any follow up required by unit staff is to be recorded in an Offender File Note in IOMS.

F.03.02 Registering prisoners to vote on release

1. Staff will identify prisoners sentenced to 3 years or more imprisonment who are coming up to release, to register to vote on release.
2. If the prisoner wants to register to vote, their enrolment details are collected and sent to the Electoral Commission on release.
3. Staff will ensure that if the prisoner wants to apply for their enrolment details to be secure on the unpublished roll, they are supported to complete an application and supporting information and to send this to the Electoral Commission on release.
4. Both unit staff and releasing staff will manage the registration process for eligible prisoners sentenced to imprisonment of 3 years or more as part of the release process.
5. Details of the enrolment opportunity provided, outcome and any follow up required by probation staff is to be recorded in an Offender File Note in IOMS.

F.03.03 Registering prisoners on remand to vote

1. Every prison will ensure eligible prisoners who are on remand are provided with enrolment information and the opportunity to register in a timely manner during election periods.
2. The prison director when requested will provide suitable facilities to Local Returning Officers for the purpose of registering remand prisoners to vote.
3. The prison director will ensure that the visiting local returning officers are advised of the security and visiting (POM Visits to prisons) requirements expected of them, prior to their visit.
4. If an eligible prisoner is sentenced during an election period (no longer remand) their continued eligibility is determined by the length of their sentence of imprisonment.
   
   

   Staff can assist prisoners with providing supporting information for unpublished roll applications through completion of: I.06.Form.03 Supporting information for unpublished roll application which can be submitted with the prisoner’s application to the Electoral Commission.

   
   

   For efficiency, completed forms for a prisoner can be scanned and emailed to: pselectoral@elections.org.nz

F.03.04 Information provision for registration and voting

1. Electoral Commission information and brochures regarding registering to vote will be provided to eligible prisoners by staff at key times as required throughout this procedure.
2. Staff will work with eligible prisoners regarding their right to register to vote and enable enrolment.
3. During election periods party political manifestos and policy materials delivered to prisons are to be readily available to prisoners.
4. Prisoners can hear or view party political broadcasts that take place during election periods on the radio and on television.
5. However, political candidates (including members of Parliament) are not permitted to conduct meetings with prisoners or to canvas individual prisoners in relation to election issues.
   
   

   Information regarding eligibility and registering to vote must be communicated in a way that the prisoner can reasonably be expected to understand. For example: special attention should be given to young men and women, especially as they may be registering to vote for the first time and are likely to require more support.

F.03.05 Prisoner voting

1. The prison director will provide suitable facilities to local returning officers and scrutineers to enable them to carry out their functions.
2. The prison director will ensure that the visiting local returning officers are advised of the security and visiting (POM Visits to prisons) requirements expected of them, prior to their visit.
3. The prison director must ensure that all prisoners who are eligible to vote are given the opportunity to vote.
4. Prisoners who are eligible to vote and are undergoing the penalty of postponement of privileges or cell confinement must be given the opportunity to vote.
   
   

   Each prison site will work collaboratively with local returning officers to ensure voting services for prisoners during election times are well planned for across the site and run as efficiently as possible.

F.03.06 Prisoner disqualification from voting

1. Prisoners sentenced to the following are disqualified from enrolling to vote while in prison:
   1. imprisonment of 3 years or more
   2. life
   3. preventive detention.
2. The Electoral Commission must be notified within 7 days of sentence, the details of prisoners to whom this section applies.
3. If a prisoner’s sentence of imprisonment changes after reception in a way that results in the prisoner becoming disqualified, the Electoral Commission must be advised accordingly.
4. Receiving staff will manage the disqualification process for prisoners sentenced to 3 years or more as part of the initial reception process.
   
   

   Complete I.06.Form.02 Notification of sentence to Electoral Commission for disqualified prisoners on reception. Email completed form to: pselectoral@elections.org.nz It is good practice to enter an IOMS Offender file note confirming completion of this task.