94—Informal ballot papers
(1) Subject to this
section, a ballot paper is informal if—
is not authenticated by the initials of the officer by whom it was issued, or
by an official mark as prescribed; or
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
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—
ballot paper is not informal; and
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)
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
ballot papers for the election contain a voting ticket square on the basis
that the voting ticket was to be lodged; and
voter uses that voting ticket square,
then the ballot paper is informal unless—
of section 92
of this section applies.
(5) Where a candidate
in a Legislative Council election dies between the date of nomination and
ballot paper is not informal by reason only—
of the inclusion on the ballot paper of the name of the
deceased candidate; or
of the marking of any consecutive number opposite that
of the omission to place any number opposite that name,
or of any resultant failure to indicate in consecutive order the voter's
preference indicated on the ballot paper for that candidate must be ignored
and subsequent preferences renumbered accordingly.
ballot paper has not been marked by a voter in the manner required by this
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.