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Local Government Electoral Act 2011
sec.86Formal and informal ballot papers—optional-preferential voting
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### sec.86 Formal and informal ballot papers—optional-preferential voting
This section applies to an election if the system of voting is optional-preferential voting.
A ballot paper has effect as recording a vote in the election only if the ballot paper—
is completed under section 83 ; and
does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and
has been put into a ballot box as required by this Act.
Also, if the ballot paper is sealed in a declaration envelope, the envelope must have been signed, and the signature witnessed, as required under this part.
Also, if the ballot paper is sealed in a declaration envelope as a postal vote—
the ballot paper must be received by the returning officer no later than 10 days after polling day; and
for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.
If a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded.
If a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded.
A ballot paper that has effect to record a vote under this section is a formal ballot paper.
A ballot paper that has no effect to record a vote under this section is an informal ballot paper.
s 86 amd 2014 No. 44 s 66 ; 2020 No. 20 s 128
(sec.86-ssec.1) This section applies to an election if the system of voting is optional-preferential voting.
(sec.86-ssec.2) A ballot paper has effect as recording a vote in the election only if the ballot paper— is completed under section 83 ; and does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and has been put into a ballot box as required by this Act.
(sec.86-ssec.3) Also, if the ballot paper is sealed in a declaration envelope, the envelope must have been signed, and the signature witnessed, as required under this part.
(sec.86-ssec.4) Also, if the ballot paper is sealed in a declaration envelope as a postal vote— the ballot paper must be received by the returning officer no later than 10 days after polling day; and for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.
(sec.86-ssec.5) If a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded.
(sec.86-ssec.6) If a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded.
(sec.86-ssec.7) A ballot paper that has effect to record a vote under this section is a formal ballot paper.
(sec.86-ssec.8) A ballot paper that has no effect to record a vote under this section is an informal ballot paper.
- (a) is completed under section 83 ; and
- (b) does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and
- (c) has been put into a ballot box as required by this Act.
- (a) the ballot paper must be received by the returning officer no later than 10 days after polling day; and
- (b) for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.