269Marking of ballot-paper at election to express preference

269 Marking of ballot-paper at election to express preference (1) A voter must mark the voter's vote on the ballot‑paper by placing— (a) the number 1 opposite the name of the candidate for whom the voter votes as first preference; and (b) the numbers 2, 3, 4 (and so on as the case requires) opposite the remaining candidates' names so as to indicate the order of preference by an unbroken numerical sequence. (2) In the case of 2 candidates, the requirements of subsection (1) are sufficiently complied with if the ballot-paper is marked with the number 1 opposite the name of one candidate to indicate the voter's first preference. (3) In the case of an election where there are more than 2 candidates, the requirements of subsection (1) are sufficiently complied with if the ballot-paper is marked with a number 1, 2, 3 or 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one. (4) A ballot-paper can only be rejected if it is not marked in accordance with this section. (5) Except as otherwise expressly provided, a ballot-paper is to be given effect to according to the voter's intention so far as the voter's intention is clear.