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ELECTORAL ACT 1985 - SECT 93

ELECTORAL ACT 1985 - SECT 93

93—Interpretation of ballot papers in House of Assembly elections

        (1)         This section applies only in relation to a House of Assembly election.

        (2)         Where—

            (a)         a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and

            (b)         there is 1 voting ticket registered for the purposes of the election in relation to that candidate,

the ballot paper will be taken to have been marked in accordance with that voting ticket.

        (3)         Where—

            (a)         a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and

            (b)         there are 2 voting tickets registered for the purposes of the election in relation to that candidate,

then the ballot paper is to be grouped with other ballot papers marked in the same manner and—

            (c)         if the number of those ballot papers is an even number—half of them will be taken to have been marked in accordance with one ticket and half in accordance with the other; or

            (d)         if the number of those ballot papers is not an even number—

                  (i)         one of the ballot papers will be taken to have been marked in accordance with whichever of the 2 tickets is determined by lot by the returning officer; and

                  (ii)         half the remainder (if any) will be taken to have been marked in accordance with one ticket and half in accordance with the other.

        (4)         Where—

            (a)         a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and

            (b)         there is 1 voting ticket registered for the purposes of the election in relation to that candidate; and

            (c)         the preferences indicated by the voter are consistent with that voting ticket; and

            (d)         the ballot paper would, apart from this subsection, be informal,

the ballot paper will be taken to have been marked in accordance with that voting ticket.

        (5)         Where—

            (a)         a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and

            (b)         there are 2 voting tickets registered for the purposes of the election in relation to the candidate; and

            (c)         the preferences indicated by the voter are consistent with one or both of those voting tickets; and

            (d)         the ballot paper would, apart from this subsection, be informal,

the ballot paper, if consistent with both voting tickets, will be treated as if it had been marked only with the number 1 and dealt with in accordance with subsection (3), but if it is consistent with one only of the voting tickets, it will be taken to have been marked in accordance with that voting ticket.