Cameron v Fysh [1904] HCA 49; (1904) 1 CLR 314 (18 April 1904)

HIGH COURT OF AUSTRALIA

H C of A

Denison Election Petition. Court of Disputed Returns.

18 April 1904

Griffith, C.J.

Lodge, for the petitioner.

Clarke (with him S. S. Dobson), for the respondent.

Griffith, C.J.

In order to make a vote valid there must be something in the nature of a cross opposite a candidate's name. A cross opposite the name of one candidate and a line opposite the name of another create an ambiguity, and such a vote ought not to be counted. A number of votes appear to have been rejected because a black pencil had been used instead of a blue one, but I think that is not a sufficient ground for disallowing them. On one ballot-paper a cross has been put opposite the name of each of the three candidates, and two of such crosses have been carefully obliterated. That is, I think, a good vote. There is one ballot-paper with a cross opposite a name which is struck through; that I reserve for further consideration. The old system of voting was to strike out the name of the candidate for whom the elector did not desire to vote, and it may be that this particular elector really intended to vote against the candidate opposite whose name he has placed the cross.

After an adjournment,

Petition dismissed with costs.

Solicitors, for petitioner, Roberts & Allport.

Solicitors, for respondent, Dobson, Mitchell & Allport.