110Manner of voting by secret ballot

110 Manner of voting by secret ballot

(1) A voter in a poll by secret ballot must mark the ballot‑paper to indicate his or her preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote.

(2) After marking the ballot‑paper, the voter must—

(a) fold the ballot‑paper so as to conceal the marking; and

(b) put the ballot‑paper in the envelope referred to in regulation 109(1)(b) and seal the envelope; and

(c) lodge the ballot by—

(i) putting the envelope containing the ballot‑paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or

(ii) sending the envelope to the returning officer so as to reach the returning officer not later than the close of the poll.

(3) If, before a voter lodges their ballot, the voter—

(a) claims that the voter has spoilt their ballot‑paper; and

(b) returns the ballot‑paper to the returning officer; and

(c) requests a further ballot‑paper—

the returning officer must—

(d) give the voter a fresh ballot‑paper; and

(e) write the word "spoilt" across the returned ballot‑paper and sign and date the writing; and

(f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under regulation 121.

Subdivision 4—The count