ELECTORAL ACT 1992 - SECT 180 Formality of ballot papers

ELECTORAL ACT 1992 - SECT 180

    (1)     Except as provided by this section, a ballot paper is formal and effect shall be given to the elector's intention as far as that intention is clear.

    (2)     A ballot paper is informal if—

        (a)     in the opinion of the OIC of a scrutiny centre—

    (i)     it is not authentic; or

              (ii)     it has writing on it by which the elector can be identified; or

        (b)     no first preference is marked in a candidate square; or

        (c)     a first preference is marked in 2 or more candidate squares; or

        (d)     for a completed declaration vote ballot paper that has not been dealt with at a preliminary scrutiny under section 179—it is not enclosed in the appropriate envelope on which appears a declaration made by an elector.

    (3)     Subsection (2) (d) does not apply to an electronic vote cast under section 136H.

    (4)     In determining whether a ballot paper is formal—

        (a)     a preference marked outside a candidate square shall be taken to be marked in the square if the voter's intention to indicate that preference for that candidate is clear; and

        (b)     subject to subsection (2) (a), any other writing outside a candidate square shall be disregarded.

    (5)     A ballot paper on which the particulars are endorsed by an officer under section 155 is not informal—

        (a)     if no other candidate has the same surname—only because the surname of a candidate has been written on the ballot paper; or

        (b)     only because of a spelling mistake in the particulars endorsed on the ballot paper.

    (6)     If it is necessary for this part, the commissioner may determine the formality of a ballot paper and, for that purpose, may reverse any decision made by another officer.