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s 139

Informal ballot papers defined

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Part IVElections
Division 4AScrutiny and count (Assembly elections)

139 Informal ballot papers defined

A ballot paper is informal —

(a)

if it is not initialled by an officer working at a polling place, or, in the case of a postal ballot paper, not initialled by the issuing officer, but where a ballot paper is not initialled by the officer, if it is printed on official paper the fact that it is not so initialled does not of itself render the ballot paper informal; or

[(b) deleted]

(c)

if it has upon it any mark or writing not authorised by this Act which, in the opinion of the returning officer, will enable any person to identify the elector; or

(d)

where there are only 2 candidates, if it does not indicate the candidate for whom the elector votes, or, where there are more than 2 candidates, if it does not indicate the order of the elector’s preference for all candidates, but the operation of this paragraph is subject to section 140A; or

(e)

if no mark is indicated on it, or the surname of any candidate is omitted from it, or no name of any candidate is written on it.

[Section 139 amended: No. 44 of 1911 s. 34; No. 53 of 1957 s. 12; No. 59 of 1959 s. 12; No. 68 of 1964 s. 26; No. 40 of 1987 s. 65; No. 79 of 1987 s. 59; No. 43 of 1996 s. 16; No. 36 of 2000 s. 48(2); No. 30 of 2023 s. 84.]

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