345Informal ballot-papers

#### 345 Informal ballot-papers 345 Informal ballot-papers > > (1) A ballot-paper of an elector at an election is informal if— > > > > > (a) the elector has failed to record a vote on it in the manner directed on it, or > > > > > (b) it has not been initialled on the front by an election official, or > > > > > (c) it contains a mark or writing that, in the returning officer’s opinion, would enable the elector to be identified. > > > (2) However, a ballot-paper is not informal in the following circumstances— > > > > > (a) in relation to an election in which only 1 or 2 candidates are to be elected, by reason only of the elector having placed a tick or cross in one square and left the other square or squares blank, but the tick or cross is to be treated as a first preference, > > > > > (b) in relation to a ballot-paper on which the elector has recorded a vote by placing in one square the number “1”— > > > > > > > (i) by reason only that the elector has recorded the same preference (other than the elector’s first preference) on the ballot-paper for more than 1 candidate, but the ballot-paper is to be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or > > > > > > > (ii) by reason only of there being a break in the order of preferences recorded on the ballot-paper, but the ballot-paper is to be treated as if any subsequent preference had not been recorded on the ballot-paper, > > > > > (c) by reason only that it is not initialled on the front by an election official if it bears the mark referred to in section 305(2), > > > > > (d) by reason only of having any unnecessary mark or writing on the ballot-paper if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper, > > > > > (e) by reason only that the elector has recorded a vote by placing the number “1” or a tick in a square and placing a cross in (or a line through) all or some of the other squares on the ballot-paper, but the ballot-paper is to be treated as if the marks in those other squares did not appear on the ballot-paper and any tick were the number “1”, > > > > > (f) by reason only that the elector has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper, but each number, tick or cross is taken to have been placed within the relevant square, > > > > > (g) in relation to any ballot-paper written by hand—by reason of the inclusion only of a candidate’s surname (if no other candidate with the same surname is on the ballot-paper) or by reason of any mistake in spelling, if the elector has made clear the elector’s intention. > > > (3) Nothing in subsection (2) authorises any person to encourage an elector to place a tick or cross in a square on a ballot-paper. > > Note. > > Section 308C of the Act makes provision concerning the formality of ballot-papers where the voter marks, crosses or ticks a group voting square, or where the ballot papers contain the name of a candidate whom a court has declared to be incapable of being elected.