Commonwealth Electoral Act 1918

A ballot paper in a Senate election is not informal under paragraph 268(1)(b) if:

the voter has marked the ballot paper in accordance with subsection 239(2); or

the voter has marked the number 1, or the number 1 and one or more higher numbers, in squares printed on the ballot paper above the line.

For the purposes of this Act:

a voter who, in a square printed on the ballot paper above the line, marks only a single tick or cross is taken as having written the number 1 in the square; and

the following numbers written in a square printed on the ballot paper above the line are to be disregarded:

numbers that are repeated and any higher numbers;

if a number is missed—any numbers that are higher than the missing number.

Paragraph (1A)(b) applies both for the purposes of determining whether a ballot paper is formal, and for the purposes of determining which numbers marked on a ballot paper are counted in the election.

A ballot paper has squares above the line that are numbered 1, 1, 2 and 3. The vote is informal because, by disregarding the numbers 1 and upwards under subparagraph (1A)(b)(i), no squares have been numbered.

If a ballot paper in a Senate election:

has squares marked above the line in accordance with subsection 239(2) or paragraph (1)(b) of this section; and

has squares marked below the line in accordance with subsection 239(1) or section 268A;