connection with failing to go to or for leaving his or her place of accommodation that is not a boarding premises, it is a reasonable excuse or other defence only if the act or omission constituting the offence was done or not done—
- (a) for the purpose of voting at an election; and
- (b) in compliance with the directions given by or on behalf of the Returning Officer under the Parliamentary Elections Act, or that Act as modified by or under this Act, regarding the hours, place and mode of voting by the elector.
(5) Subsection (2)(b) has effect despite section 43(8A) and (9) of the Parliamentary Elections Act but subject to section 43(11) of that Act.
Stay order electors may vote outside of electoral division
4.—(1) This section applies to an elector who—
- (a) is entitled to vote at an election in an electoral division, but
- (b) is, on the polling day of the election, subject to a COVID-19 stay order and is required by the Stay Order Regulations to not leave a boarding premises.
(2) Despite section 43(1) of the Parliamentary Elections Act, an elector mentioned in subsection (1) is entitled to vote at the election only at a special polling station allotted to the elector under section 5(2)(b) or (5)(b).
(3) In any proceedings against an elector mentioned in subsection (1) for an offence under the Infectious Diseases Act or the Stay Order Regulations—
- (a) for contravening a COVID-19 stay order;
- (b) for failing or neglecting to wear a surgical or other mask over the individual's nose and mouth when leaving a place of accommodation; or
- (c) for being in close proximity of another individual,
it is a reasonable excuse only if the act or omission constituting the offence was done or not done—
