New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 102

102 Periodic Council election ballot papers

(1) If, for a periodic Council election, there are--

(a) 2 or more groups of candidates for that election, the Electoral Commissioner is to determine the order in which those groups are to appear on the ballot papers, or

(b) 2 or more candidates, not included in a group, for that election, the Electoral Commissioner is to determine the order in which those candidates' names are to appear on the ballot papers.

(2) The Electoral Commissioner may use any method of random selection as seems appropriate to the Electoral Commissioner to determine the order in which names of groups and candidates are to appear on ballot papers.

(3) In printing the ballot papers for a periodic Council election--

(a) for which there is only one group, the names of candidates included in that group are to be printed in a group before the names of candidates (if any) not included in that group, and

(b) for which there are 2 or more groups, but not more than 33 groups, the names of candidates included in the groups are to be printed in groups across the ballot papers in the order determined under subsection (1) (a), before the names of candidates (if any) not included in any such group, and

(c) for which there are more than 33 groups, the names of candidates included in the groups are to be printed in groups across the ballot papers in 2 rows in the order determined under subsection (1) (a), before the names of candidates (if any) not included in any such group, and

(d) the order, within a group, in which the names of candidates in that group are to be printed in the ballot papers is to be the order specified in the claim made by them in accordance with Division 3, and

(e) the names of candidates (if any) not included in any group are to be printed as a group, without any identification referred to in subsection (5) (a), in the ballot papers in the order determined under subsection (1) (b).

(4) In printing the ballot papers for a periodic Council election for which there are no groups, the names of the candidates are to be printed in the order determined under subsection (1) (b).

(5) In printing the ballot papers--

(a) each group (and any group voting square relating to the group) is to be identified by the word "Group" followed by a successive letter of the English alphabet, starting with the letter "A", and if there are more than 26 groups each group (and any group voting square relating to the group) after the twenty-sixth is to be identified by such symbol as may be determined by the Electoral Commissioner, and

(b) the surname of each candidate is to be in a more conspicuous type than that used for the candidate's given name or names, and

(c) the given name of each candidate--

(i) is to be in the form specified in the candidate's nomination paper, and

(ii) is to be in less conspicuous type than the type in which the candidate's surname is printed, and

(iii) may be printed on a line after the line on which the candidate's surname is printed, and

(d) if a similarity in the names of 2 or more candidates is likely to cause confusion, the Electoral Commissioner may arrange the names with such description or addition as will distinguish them from one another, and

(e) a square is to be printed opposite the name of each candidate, and

(f) if required by Subdivision 2, the names and logos of registered parties or the word "Independent" is to be printed in accordance with that Subdivision.

(6) If the candidates in a group have duly requested under Division 3 a group voting square for a periodic Council election, an additional square is to be printed on the ballot papers for the election above the names of the candidates included in the group.

(7) If, before the election day for any periodic Council election, any candidate has died, the Electoral Commissioner is to take such action with respect to the printing of the ballot papers (including, if the Electoral Commissioner thinks fit, causing the ballot papers to be reprinted, causing notations or marks to be made on them or causing further determinations of the kind referred to in subsections (1) and (2)) as in the Electoral Commissioner's opinion is necessary.