Informal ballot-papers
345 Informal ballot-papers
A ballot-paper of an elector at an election is informal if—
the elector has failed to record a vote on it in the manner directed on it, or
it has not been initialled on the front by an election official, or
it contains a mark or writing that, in the returning officer’s opinion, would enable the elector to be identified.
However, a ballot-paper is not informal in the following circumstances—
in relation to an election in which only 1 or 2 candidates are to be elected, by reason only of the elector having placed a tick or cross in one square and left the other square or squares blank, but the tick or cross is to be treated as a first preference,
in relation to a ballot-paper on which the elector has recorded a vote by placing in one square the number “1”—
by reason only that the elector has recorded the same preference (other than the elector’s first preference) on the ballot-paper for more than 1 candidate, but the ballot-paper is to be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or
by reason only of there being a break in the order of preferences recorded on the ballot-paper, but the ballot-paper is to be treated as if any subsequent preference had not been recorded on the ballot-paper,
by reason only that it is not initialled on the front by an election official if it bears the mark referred to in section 305(2),
by reason only of having any unnecessary mark or writing on the ballot-paper if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper,
by reason only that the elector has recorded a vote by placing the number “1” or a tick in a square and placing a cross in (or a line through) all or some of the other squares on the ballot-paper, but the ballot-paper is to be treated as if the marks in those other squares did not appear on the ballot-paper and any tick were the number “1”,
by reason only that the elector has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper, but each number, tick or cross is taken to have been placed within the relevant square,
in relation to any ballot-paper written by hand—by reason of the inclusion only of a candidate’s surname (if no other candidate with the same surname is on the ballot-paper) or by reason of any mistake in spelling, if the elector has made clear the elector’s intention.
Nothing in subsection (2) authorises any person to encourage an elector to place a tick or cross in a square on a ballot-paper.
Note.
Section 308C of the Act makes provision concerning the formality of ballot-papers where the voter marks, crosses or ticks a group voting square, or where the ballot papers contain the name of a candidate whom a court has declared to be incapable of being elected.
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