New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 122A

122A Ballot papers not to be informal in certain circumstances

(1) Notwithstanding anything to the contrary in this Act, a ballot paper shall not, by reason of any marking thereon that is not authorised or required by this Act, be treated as informal, or be rejected or disallowed at the scrutiny, if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot paper.

(2) Notwithstanding anything to the contrary in this Act, a ballot paper on which the voter has recorded his or her vote by placing in one square the number “1” shall not be treated as informal by reason only that:

(a) the same preference (other than his or her first preference) has been recorded on the ballot paper for more than 1 candidate, or

(b) there is a break in the order of preferences recorded on the ballot paper.

(3) Notwithstanding anything to the contrary in this Act, a ballot paper is not informal by reason only that it is not duly initialled by an election official or pre-poll voting officer, as the case may require, if it bears such mark as is prescribed as an official mark.

(4) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing a cross or a tick in a square and not placing any mark or writing in any other square, but the ballot paper shall be treated as if the cross or tick were the number “1”.

(5) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing the number “1” or a tick in a square and placing a cross in (or a line through) all or some of the other squares on the ballot paper, but the ballot paper shall be treated as if the marks in those other squares did not appear on the ballot paper and any such tick were the number “1”.

(5A) Notwithstanding anything to the contrary in this Act, a ballot paper is not informal by reason only that the voter has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot paper. In such a case, each such number, tick or cross is taken to have been placed within the relevant square.

(6) Notwithstanding anything to the contrary in this Act, nothing in this section authorises any person to encourage a voter to place a cross or a tick in a square on a ballot paper or to place a number, tick or cross on a ballot paper outside a square.

Maximum penalty:

(a) if the person is a corporation-a penalty not exceeding 50 penalty units, or

(b) in any other case-a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.

(7) Any person who prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card which encourages any elector to place a cross or a tick in a square on a ballot paper or to place a number, tick or cross on a ballot paper outside a square, will be liable:

(a) if the person is a corporation-to a penalty not exceeding 50 penalty units, or

(b) in any other case-to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.