Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 103

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 103

103. After section 133 of the Principal Act the following sections are
inserted: Formal votes according to group voting ticket

''133A. (1) A ballot-paper in a Senate election shall not be informal by
virtue of paragraph 133 (1) (b) if the voter has marked his vote on the
ballot-paper in accordance with sub-section 123 (1A).

''(2) If a ballot-paper in a Senate election-

   (a)  has been marked in accordance with sub-section 123 (1A); and

   (b)  has been marked in accordance with paragraph 123 (1) (a) so that, if
        it were not marked in accordance with sub-section 123 (1A), it would
        not be informal by virtue of paragraph 133 (1) (b),
the ballot-paper shall, for the purposes of section 134A, be deemed not to
have been marked in accordance with sub-section 123 (1A).

''(3) For the purposes of this section, section 134A and sub-section 135 (17),
a voter shall not be taken to have marked his vote in accordance with
sub-section 123 (1A) if he has placed a preference mark in 2 or more of the
squares printed on his ballot-paper in accordance with sub-section 106 (5).

''(4) In this section, 'preference mark' means a tick, a cross or the figure
1. Certain votes with non-consecutive numbers to be formal

''133B. (1) Where a ballot-paper in a Senate election-

   (a)  has the number 1 in the square opposite to the name of a candidate and
        does not have that number in the square opposite to the name of
        another candidate;

   (b)  has-

        (i)    in a case where there are more than 9 candidates in the
               election-in not less than 90% of the squares opposite to the
               names of candidates, numbers in a sequence of consecutive
               numbers commencing with the number 1 or numbers that with
               changes to no more than 3 of them would be in such a sequence;
               or

        (ii)   in any other case-in all the squares opposite to the names of
               candidates or in all those squares except one square that is
               left blank, numbers in a sequence of consecutive numbers
               commencing with the number 1 or numbers that with changes to no
               more than 2 of them would be in such a sequence; and

   (c)  but for this sub-section, would be informal by virtue of paragraph 133
        (1) (b),
then-

   (d)  the ballot-paper shall not be informal by virtue of that paragraph;

   (e)  the number 1 shall be taken to express the voter's first preference;

   (f)  where numbers in squares opposite to the names of candidates are in a
        sequence of consecutive numbers commencing with the number 1-the voter
        shall be taken to have expressed a preference by the other number, or
        to have expressed preferences by the other numbers, in that sequence;
        and

   (g)  the voter shall not be taken to have expressed any other preference.

''(2) Where a ballot-paper in a House of Representatives election in which
there are 3 or more candidates-

   (a)  has the number 1 in the square opposite to the name of a candidate;

   (b)  has other numbers in all the other squares opposite to the names of
        candidates or in all those other squares except one square that is
        left blank; and

   (c)  but for this sub-section, would be informal by virtue of paragraph 133
        (1) (c),
then-

   (d)  the ballot-paper shall not be informal by virtue of that paragraph;

   (e)  the number 1 shall be taken to express the voter's first preference;

   (f)  where numbers in squares opposite to the names of candidates are in a
        sequence of consecutive numbers commencing with the number 1-the voter
        shall be taken to have expressed a preference by the other number, or
        to have expressed preferences by the other numbers, in that sequence;
        and

   (g)  the voter shall not be taken to have expressed any other preference.

''(3) In considering, for the purposes of sub-section (1) or (2), whether
numbers are in a sequence of consecutive numbers, any number that is repeated
shall be disregarded.''.