Electoral Act 2004

(1) A ballot paper is informal unless it is:

(a) printed by a person or body authorised under section 40(4) or created for this Act by an officer and initialled by an officer; and

(b) marked in accordance with section 50.

(1A) A ballot paper is also informal if an authorised officer is satisfied that the voter can be identified because of a mark or other writing on it.

(2) For section 50(2), a voter is taken to have indicated the voter's order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subsection (3), (3A) or (3B).

(3) If there are only 2 candidates and the voter placed a mark in one candidate square and either placed a "2" in the remaining candidate square or left it blank:

(a) the candidate whose candidate square is marked is the voter's first preference; and

(b) the other candidate is the voter's last preference.

(3A) If there are 3 or more candidates and the voter placed a mark in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares:

(a) the candidate whose candidate square is marked is the voter's first preference; and

(b) the number placed in each other candidate square indicates the voter's order of preference for the remaining candidates.

(3B) If there are 3 or more candidates and the voter placed a mark in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares:

(a) the candidate whose candidate square is marked is the voter's first preference; and

(b) the candidate whose candidate square is left blank is the voter's last preference; and

(c) the number placed in each other candidate square indicates the voter's order of preferences between the first and last preference.

(4) A ballot paper is not informal merely because:

(a) the name of the division appearing on the ballot paper is wrong or has been omitted from the ballot paper if the names of all candidates for the division are on the ballot paper; or

(b) the surname only of a candidate is written on the ballot paper if no other candidate has the same surname; or

(c) a mistake is made in the spelling of a candidate's name if an authorised officer is satisfied there is no doubt about the identity of the candidate; or

(d) the name of a registered party is omitted from the ballot paper or is wrong or a mistake is made in the spelling of the name.

(5) Subject to this section, a ballot paper must be given effect according to the voter's intention so far as the voter's intention is clear.

(6) In this section:

mark means a single "1", tick, cross or any other writing or mark that indicates the voter's intention.