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s 24

Informal ballot papers

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Part IVAscertainment of result of referendum

24 Informal ballot papers

(1)

A ballot paper shall be informal if —

(a)

it is not initialled by the presiding officer, 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 presiding officer or the issuing officer, if it is printed on official paper the fact that it is not so initialled shall not of itself render the ballot paper informal; or

(b)

the elector has failed to mark his vote on it in an authorised manner.

(2)

Notwithstanding anything in this Act or any other Act or any directions on a ballot paper where a ballot paper clearly indicates the elector’s intention and is not informal under subsection (1)(a) that ballot paper —

(a)

shall not be informal by reason of the elector having marked his vote on it otherwise than in an authorised manner; and

(b)

shall be deemed for the purposes of this Part, and of the Act by which the referendum is authorised or required, to have on it a vote marked in the authorised manner that gives effect to the elector’s intention.

(3)

The decision of the officer conducting the count to admit a ballot paper or to reject a ballot paper shall, subject to section 29, be final and subject only to reversal by the Supreme Court under Part VI.

[Section 24 amended: No. 43 of 1996 s. 31.]

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