112BCouncil ballot-papers deemed to be marked according to group voting tickets

112B Council ballot-papers deemed to be marked according to group voting tickets (1) For the purposes of section 114A, if— (a) a ballot-paper in a Council election has been marked in accordance with section 93A(2)(a) by a mark having been placed in a square printed in relation to a group; and (b) the candidates in that group have only 1 group voting ticket registered for the purposes of that election— that ballot-paper is taken to have been marked in accordance with that ticket. (2) For the purposes of section 114A, if— (a) a ballot-paper has, or ballot-papers have, been marked in accordance with section 93A(2)(a) by a mark having been placed in a square in relation to a group; and (b) the candidates in that group have 2 group voting tickets registered for the purposes of that election— then— (c) if the number of ballot-papers is an even number, half of the ballot-papers are to be taken to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket; or (d) if the number of ballot-papers is not an even number— (i) one of the ballot-papers is taken to have been marked in accordance with whichever of the 2 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and (ii) half the remainder (if any) of the ballot‑papers are to be taken to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket. (3) For the purposes of section 114A, if— (a) a ballot-paper has, or ballot-papers have, been marked in accordance with section 93A(2)(a) by a mark having been placed in a square in relation to a group; and (b) the candidates in that group have 3 group voting tickets registered for the purposes of that election— then— (c) if the number of ballot-papers is a number divisible by 3 without any remainder, one‑third of the ballot-papers is to be taken to have been marked in accordance with one of the tickets, one-third of the ballot-papers is to be taken to have been marked in accordance with another one of the tickets and the other one-third in accordance with the other ticket; or (d) if there is only one ballot-paper or the number of ballot-papers is a number divisible by 3 with a remainder of 1— (i) the ballot-paper or one of the ballot‑papers is to be taken to have been marked in accordance with whichever of the 3 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and (ii) one-third of the remainder of the ballot‑papers (if any) is to be taken to have been marked in accordance with one of the tickets, one-third of that remainder is to be taken to have been marked in accordance with another one of the tickets and the other one-third of that remainder is to be taken to have been marked in accordance with the other ticket; or (e) if there are 2 ballot-papers or the number of ballot-papers is a number divisible by 3 with a remainder of 2— (i) one of the ballot-papers is to be taken to‑have been marked in accordance with whichever of the 3 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and (ii) one of the ballot-papers is to be taken to have been marked in accordance with whichever of the other 2 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and (iii) one-third of the remainder of the ballot‑papers (if any) is to be taken to have been marked in accordance with one of the tickets, one-third of that remainder is to be taken to have been marked in accordance with another one of the tickets and the other one-third of that remainder is to be taken to have been marked in accordance with the other ticket. (4) For the purposes of section 114A, if a ballot-paper in a Council election— (a) has been marked in accordance with section 93A(2)(a) and section 93A(2)(b); and (b) would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(a) or section 93A(2)(b)— the ballot-paper is taken to have been marked only in accordance with section 93A(2)(b). (5) For the purposes of section 114A, if— (a) an elector has attempted to vote in accordance with section 93A(2)(a) and with section 93A(2)(b); and (b) the elector has validly marked the ballot‑paper only in accordance with section 93A(2)(a); and (c) the ballot-paper would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(a)— the ballot-paper is taken to have been marked only in accordance with section 93A(2)(a). (6) For the purposes of section 114A, if— (a) an elector has attempted to vote in accordance with section 93A(2)(a) and with section 93A(2)(b); and (b) the elector has validly marked the ballot‑paper only in accordance with section 93A(2)(b); and (c) the ballot-paper would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(b)— the ballot-paper is taken to have been marked only in accordance with section 93A(2)(b). S. 113 (Heading) amended by No. 2/2003 s. 39(1).