Elector’s intention to be given effect
140 Elector’s intention to be given effect
A ballot paper shall not be informal for any reason other than the reasons enumerated in section 139.
Without limiting the generality of subsection (1), where the vote of an elector is marked on a ballot paper in a manner other than the prescribed manner but the ballot paper clearly indicates the elector’s intention as necessary under section 139(d) and is not informal under section 139(a), (c) or (e), that ballot paper —
shall not be informal; and
shall be given effect to according to the elector’s intention.
In subsection (2) prescribed manner means —
where there are only 2 candidates on the ballot paper, the manner required by section 98C(a); or
where there are more than 2 candidates on the ballot paper, the manner required by section 98C(b).
[Section 140 inserted: No. 40 of 1987 s. 66; amended: No. 79 of 1987 s. 60; No. 20 of 1988 s. 7; No. 43 of 1996 s. 17; No. 20 of 2021 s. 69; No. 30 of 2023 s. 85.]
140A. Some ballot papers with non‑consecutive preferences can be formal
Where a ballot paper in an election in which there are more than 2 candidates —
has the numeral 1 in the square opposite the name of a candidate; and
has other numerals in the squares opposite the names of the remaining candidates or all but one of the remaining candidates; and
but for this subsection, would be informal under section 139(d),
then —
the ballot paper shall not be informal under section 139(d); and
the numeral 1 shall be taken to express the elector’s first preference; and
where numerals in squares opposite the names of candidates are in a sequence of consecutive numbers beginning with the numeral 1, the elector shall be taken to have expressed a preference by the other numeral, or to have expressed preferences by the other numerals, in that sequence; and
the elector shall not be taken to have expressed any other preference.
In considering, for the purposes of subsection (1), whether numerals are in a sequence of consecutive numerals, any numeral that is repeated shall be disregarded.
If a ballot paper does not have a numeral in the square opposite the name of a candidate but a preference for that candidate is marked on the ballot paper in some other manner that clearly indicates the elector’s intention, the ballot paper shall be regarded, for the purposes of this section, as having the numeral appropriate to that preference marked in the square opposite the name of that candidate.
[Section 140A inserted: No. 43 of 1996 s. 18; amended: No. 30 of 2023 s. 86.]
[140B. Deleted: No. 20 of 1988 s. 8.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.