Constitutional Convention (Election) Act 1997
108Ballot‑papers marked on Part B
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108 Ballot‑papers marked on Part B
(1) Subject to subsections (2) and (3), if a ballot‑paper has been marked on Part B, the voter is, for the purposes of sections 101 and 102, taken to have expressed preferences for the candidates whose *candidate numbers have been marked in the *preference squares as follows:
(a) a first preference is taken to have been indicated for the candidate whose candidate number has been marked in the square, of those in which a candidate number has been marked, which stands highest in the Part B order;
(b) a second preference is taken to have been indicated for the candidate whose candidate number has been marked in the square, of those in which a candidate number has been marked, which stands next highest in the Part B order;
and so on.
(2) If the *candidate numbers of 2 or more candidates have been marked in a square, no preferences are taken to have been indicated for either or any of those candidates, nor for any candidates whose candidate numbers have been placed in squares which stand lower in the Part B order than the square in which the 2 or more candidate numbers were marked.
(3) Where the *candidate number of a candidate has been marked in 2 or more squares (duplicated squares), no preferences are taken to have been indicated for that candidate, nor for any candidates whose candidate numbers have been placed in:
(a) whichever of the duplicated squares stands highest in the Part B order; or
(b) any squares which stand lower in the Part B order than the square referred to in paragraph (a).
(4) For the purposes of this section, any marking on a ballot‑paper of the *candidate number of a deceased candidate referred to in section 110 is to be ignored.