South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 94

94—Informal ballot papers

        (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

            (b)         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

            (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 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 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)


.

        (4a)         If—

            (a)         notice of intention to lodge a voting ticket for a Legislative Council election was given under section 63(2)(a)


but a voting ticket was not then lodged in accordance with the requirements of section 63(2)(b)


; and

            (b)         the ballot papers for the election contain a voting ticket square on the basis that the voting ticket was to be lodged; and

            (c)         a voter uses that voting ticket square,

then the ballot paper is informal unless—

            (d)         subsection (4)


of section 92


applies; or

            (e)         subsection (6)


of this section applies.

        (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.

        (6)         Where—

            (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.



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