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Aboriginal Land Rights Regulation 2020
87Informal ballot-papers
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#### 87 Informal ballot-papers
87 Informal ballot-papers
> > (1) At the scrutiny, a ballot-paper must be rejected as informal if—
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> > > (a) it is neither initialled by a deputy electoral officer nor bears a mark prescribed as an official mark for the purposes of section 165(3)(c) of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066), or
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> > > (b) the elector has failed to record the elector’s vote in the manner directed on the ballot-paper, or
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> > > (c) it has on it any mark or writing which, in the opinion of a deputy electoral officer, will enable any person to identify the elector.
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> > (2) A ballot-paper is not to be rejected as informal merely because of any mark or writing which is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (1)(c)) if, in the opinion of the deputy electoral officer, the elector’s intention is clearly indicated on the ballot-paper.
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> > (3) A ballot-paper is not to be rejected as informal merely because—
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> > > (a) the same preference (other than the elector’s first preference) has been recorded on the ballot-paper for more than one candidate, but the ballot-paper must be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or
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> > > (b) there is a break in the order of the elector’s preferences recorded on the ballot-paper, but the ballot-paper must be treated as if any subsequent preferences had not been recorded on the ballot-paper.
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> > (4) A ballot-paper is not to be rejected as informal in the following circumstances—
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> > > (a) by reason only that the elector 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 is to be treated as if the cross or tick were the number “1”,
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> > > (b) by reason only that the elector 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 is to be treated as if the marks in those other squares did not appear on the ballot paper and the tick were the number “1”,
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> > > (c) by reason only that the elector 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 deputy electoral officer, the elector’s intention is clearly indicated on the ballot-paper, but in such a case, each such number, tick or cross is taken to have been placed within the relevant square.