Electoral Act 1907

Section 139(a), (c) and (e) apply to and in relation to a Council ballot paper.

A Council ballot paper is informal, where the relevant number in the election is one —

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 elector’s preference for all candidates.

Subsection (3A) applies to a Council ballot paper if —

the relevant number in the election is more than one; and

there is at least 1 above‑the‑line square on the ballot paper; and

there are more than 20 below‑the‑line squares on the ballot paper.

The ballot paper is informal if neither of the following applies —

at least 1 above‑the‑line square is marked to indicate the elector’s preference for a group or groups;

20 or more below‑the‑line squares are marked to indicate the elector’s preference for candidates.

Subsection (3C) applies to a Council ballot paper if —

the relevant number in the election is more than one; and

there is at least 1 above‑the‑line square on the ballot paper; and

there are 20 or fewer below‑the‑line squares on the ballot paper opposite the names of candidates.

The ballot paper is informal if neither of the following applies —

at least 1 above‑the‑line square is marked to indicate the elector’s preference for a group or groups;

all the below‑the‑line squares are marked to indicate the elector’s preference for candidates.

Subsection (3E) applies to a Council ballot paper if —

the relevant number in the election is more than one; and

there are no above‑the‑line squares on the ballot paper; and

there are more than 20 squares on the ballot paper opposite the names of candidates.

The ballot paper is informal if fewer than 20 of the squares are marked to indicate the elector’s preference for candidates.

Subsection (3G) applies to a Council ballot paper if —

the relevant number in the election is more than one; and

there are no above‑the‑line squares on the ballot paper; and

there are 20 or fewer squares on the ballot paper opposite the names of candidates.

The ballot paper is informal if the squares are not all marked to indicate the elector’s preference for candidates.

The operation of subsection (2) is subject to section 146EA and the operation of subsections (3) to (3G) are subject to sections 146EA and 146EB.

A Council ballot paper is not informal for any reason other than the reasons enumerated in section 139(a), (c) and (e) and subsections (2) to (3G) of this section.

Without limiting the generality of subsection (5), if, after the nominations have been declared and before or on polling day before the hour of closing the poll in an election where the relevant number is more than one, a candidate dies and the number of candidates remaining is greater than the number of candidates to be elected, a Council ballot paper is not informal by reason only —

of the inclusion on the ballot paper of the name of the deceased candidate; or

of the marking of any consecutive number opposite that name; or

of the omission to place a number opposite that name, or of any resultant failure to indicate in consecutive order the elector’s preference.

Without limiting the generality of subsection (5), where the vote of an elector is marked on a ballot paper in a manner other than a prescribed manner but the ballot paper clearly indicates the elector’s intention as necessary under subsection (2)(a) or (b) or (3) to (3G) and is not informal under section 139(a), (c) or (e), that ballot paper —

is not informal; and

is to be given effect according to the elector’s intention.

In subsection (8) —

where the relevant number in the election is one and there are only 2 candidates on the ballot paper, the manner required by section 98C(a); or

where the relevant number in the election is one and there are more than 2 candidates on the ballot paper, the manner required by section 98C(b); or

where the relevant number is more than one and there is at least 1 above‑the‑line square on the ballot paper —

the manner applicable to the ballot paper under section 98D(2)(a), (3)(a) or (4)(a); or

the manner applicable to the ballot paper under section 98D(2)(b), (3)(b) or (4)(b) and section 98E(3), (4) or (5);

where the relevant number in the election is more than one and there are no above the line squares on the ballot paper, the manner applicable to the ballot paper under section 98E(3), (4) or (5).