40Requirements for ballot papers

40 Requirements for ballot papers (1) A ballot paper to be used in an election must be in the form prescribed by the Regulations. (2) A ballot paper must have: (a) the names of the candidates for the division for which the ballot paper is to be used and in the order determined under section 41; and (b) a photograph of each candidate adjacent to the candidate's name on the ballot paper; and (c) a square (a candidate square) printed adjacent to the candidate's photograph; and (d) under the name of the candidate: (i) for a party candidate – the name of the registered party endorsing the candidate; or Electoral Act 2004 27 (ii) for another candidate – the word "Independent" if the nomination form so indicated. (3) However, a declaration ballot paper need not comply with subsection (2)(b). (4) The Commission may authorise a person or body to print the ballot papers to be used in an election.