57Informal ballot paper

57 Informal ballot paper (1) A ballot paper is informal: (a) unless it is: (i) printed by a printer authorised by the returning officer to print ballot papers for the election; or (ii) created for the election by an authorised officer and initialled by an authorised officer; or (b) unless it is marked with a vote clearly indicating the order of the voter's preference for all candidates; or (c) if an authorised officer is satisfied the voter can be identified because of a mark or other writing on it. (2) For subregulation (1)(b), a voter is taken to have indicated the voter's order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subregulation (3), (4) or (5).

Local Government (Electoral) Regulations 2021 35 (3) If there are only 2 candidates and the voter placed a mark in one candidate square and either placed a "2" in the remaining candidate square or left it blank: (b) the other candidate is the voter's last preference. (4) If there are 3 or more candidates and the voter placed a mark in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares: (b) the number placed in each other candidate square indicates the voter's order of preference for the remaining candidates. (5) If there are 3 or more candidates and the voter placed a mark in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares: (b) the candidate whose candidate square is left blank is the voter's last preference; and (c) the number placed in each other candidate square indicates the voter's order of preferences between the first and last preference. (6) A ballot paper is not informal merely because of some other error or misdescription unless an authorised officer is satisfied that the error or misdescription is likely to have misled the voter, thus causing the vote to miscarry. Note for subregulation (6) If a candidate's name appears on a ballot paper in an incomplete form, or is misspelled, the ballot paper is not informal unless an authorised officer was satisfied that the deficiency or error is likely to have caused doubt or confusion about the identity of the candidate. (7) Subject to this regulation, a ballot paper must be given effect according to the voter's intention so far as the voter's intention is clear.

Local Government (Electoral) Regulations 2021 36 mark means a single "1", tick, cross or any other writing or mark that indicates the voter's intention.