ELECTORAL ACT 1985 - SECT 94
ELECTORAL ACT 1985 - SECT 94
(1) Subject to this
section, a ballot paper is informal if—
(a) it
is not authenticated by the initials of the officer by whom it was issued, or
by an official mark as prescribed; or
(i)
in the case of a ballot paper for a House of Assembly
election—it has no vote indicated on it, or it does not indicate, in the
manner required by this Act, the order of the voter's preference for all
candidates in the election; or
(ii)
in the case of a ballot paper for a Legislative Council
election—it has no vote indicated on it, or it does not indicate, in the
manner required by this Act, the order of the voter's preference for
candidates in the election; or
(d) in
the case of a ballot paper required by this Act to be deposited in a ballot
box or other secured facility—it is not so deposited.
(2) A ballot paper
that is not duly authenticated by initials or an official mark is not informal
by reason of subsection (1)(a) if the officer responsible for considering
whether the ballot paper should be admitted is satisfied that it is an
authentic ballot paper on which a voter has marked his or her vote.
(3) Where a voter
indicates by consecutive numbers commencing with the number 1 the order of his
or her preference for all candidates on a ballot paper for a House of Assembly
election except one—
(a) the
ballot paper is not informal; and
(b) it
will be presumed that the candidate for whom no preference is expressed is the
one least preferred by the voter and that the voter has accordingly indicated
the order of his or her preference for all candidates.
(4) A ballot paper for
a House of Assembly election to which effect can be given under the provisions
of this Division relating to registered voting tickets is not informal by
reason of subsection (1)(b)(i).
(4a) A ballot paper
for a Legislative Council election where there are more
than 6 candidates is not informal under subsection (1)(b)(ii)
if the voter has placed consecutive numbers (starting from the number 1)
in the squares printed opposite the names of at least 6 candidates
in total.
(4b) For the purposes
of this Act, the following numbers placed in a square printed opposite the
name of a candidate, or placed in a group voting square, on a ballot paper for
a Legislative Council election are to be disregarded:
(a)
numbers that are repeated and any higher numbers;
(b) if a
number is missed—any numbers that are higher than the missing number.
(5) Where a candidate
in a Legislative Council election dies between the date of nomination and
polling day—
(a) a
ballot paper is not informal by reason only—
(i)
of the inclusion on the ballot paper of the name of the
deceased candidate; or
(ii)
of the marking of any consecutive number opposite that
name; or
(iii)
of the omission to place any number opposite that name,
or of any resultant failure to indicate in consecutive order the voter's
preferences; and
(b) a
preference indicated on the ballot paper for that candidate must be ignored
and subsequent preferences renumbered accordingly.
(a) a
ballot paper has not been marked by a voter in the manner required by this
Act; but
(b)
despite that fact, the voter's intention is clear,
the ballot paper is not informal and will be counted as if the voter's
intention had been properly expressed in the manner required by this Act.
(7) A ballot paper is
not informal except for a reason specified in this section.