Section 105 - Constitutional Convention (Election) Act 1997 - Informal ballot‑papers

105 Informal ballot‑papers

(1) A ballot‑paper is informal if:

(a) subject to subsection (2), it is not authenticated by the presence of the official mark; or

(b) subject to subsection (3), it has upon it any mark or writing (not authorised by this Act or the regulations to be put upon it) by which, in the opinion of the officer conducting the *scrutiny, the voter can be identified; or

(d) in the case of a ballot‑paper on which a mark has only been placed, by or on behalf of the voter, on Part A, it is Part A invalid (see subsection (6)); or

(e) in the case of a ballot‑paper on which a mark has only been placed, by or on behalf of the voter, on Part B, it is Part B invalid (see subsection (6)); or

(f) in the case of a ballot‑paper on which marks have been placed, by or on behalf of the voter, on both Part A and Part B, it is both Part A invalid and Part B invalid.

(2) A ballot-paper to which paragraph (1)(a) applies is not informal because of that paragraph if the officer conducting the *scrutiny is satisfied that it is an authentic ballot‑paper on which a voter has marked a vote.

(3) Paragraph (1)(b) does not apply to any mark or writing placed upon the ballot-paper by an officer, even though the placing of the mark or writing upon the ballot-paper is a contravention of this Act.

(4) A ballot-paper is not informal for any reason other than the reasons specified in this section, but is to be given effect to according to the voter’s intention so far as that intention is clear.

(5) For the purposes of this Part the *preference squares are taken to be in an order (called the Part B order), as follows:

(a) the square printed on the ballot-paper for the purpose of the indication of a first preference is taken to stand highest in the order;

(b) the square printed on the ballot-paper for the purpose of the indication of a second preference is taken to stand second highest in the order;

and so on.

(6) In this section:

(a) a ballot‑paper is to be taken to be Part A invalid if and only if it does not have a *preference mark in one and only one square on Part A; and

(b) a ballot‑paper is to be taken to be Part B invalid unless at least one of the *preference squares satisfies the following conditions:

(i) the square has a *candidate number marked in it; and

(ii) no other candidate number has been marked in that square; and

(iii) the candidate number referred to in subparagraph (i) has not been marked in another square; and

105Informal ballot‑papers

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