93Informal ballot papers

93 Informal ballot papers

(1) A ballot paper is informal if: (a) subject to subsection (3), it is not authenticated by the initials of a presiding officer, a polling official, or a voting officer (within the meaning of Division 3 of Part IVA), or by the presence of the official mark; (b) it has no vote marked on it or the voter’s intention is not clear; (c) it has more than one vote marked on it; or (d) it has upon it any mark or writing (not authorized by this Act or by the regulations to be put upon it) by which, in the opinion of a Divisional Returning Officer, the voter can be identified. (3) A ballot paper to which paragraph (1)(a) applies shall not be informal by virtue of that paragraph if the Divisional Returning Officer responsible for considering the question of the formality of the ballot paper is satisfied that it is an authentic ballot paper on which a voter has marked his or her vote and the officer has endorsed the ballot paper with the words ‘I am satisfied that this ballot paper is an authentic ballot paper on which a voter has marked a vote.’. (4) Paragraph (1)(d) does not apply to any mark or writing placed upon a ballot paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot paper is a contravention of this Act. (7) Except as authorized by this Act or the regulations, an officer shall not place upon any ballot paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty: 10 penalty units.

(8) Effect shall be given to a ballot paper of a voter according to the voter’s intention, so far as that intention is clear. (9) For the purposes of subsection (8): (a) a voter who writes the letter “Y” in the space provided on the ballot paper is presumed to have intended to approve the proposed law; and (b) a voter who writes the letter “N” in the space provided on the ballot paper is presumed to have intended to not approve the proposed law.