New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 165

165 Informal ballot papers

(1) Informal ballot papers must be rejected at the scrutiny.

(2) A ballot paper is informal only if--

(a) it is not duly initialled by an election official, or

(b) the voter has failed to record his or her vote in the manner directed on the ballot paper (subject to clause 2 (2) of the Sixth Schedule, and clause 2 (3) of the Seventh Schedule, to the Constitution Act 1902 ), or

(c) it has on it any mark or writing which, in the opinion of the Electoral Commissioner, will enable any person to identify the voter.

(3) However, a ballot paper is not informal in the following circumstances--

(a) by reason of having any mark or writing on it that is not authorised by this Act if, in the opinion of the Electoral Commissioner, the voter's intention is clearly indicated on the ballot paper,

(b) in relation to a ballot paper on which the voter has recorded a vote by placing in one square the number "1"--

(i) the same preference (other than the voter's first preference) has been recorded 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) there is 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 duly initialled by an election official if it bears the mark that is prescribed by the regulations as an official mark,

(d) by reason only that the voter has recorded a vote by placing a cross or a tick in a square and not placing any mark or writing in any other square, but the ballot paper is to be treated as if the cross or tick were the number "1",

(e) by reason only that the voter 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 such tick were the number "1",

(f) by reason only that the voter 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 Electoral Commissioner, the voter's intention is clearly indicated on the ballot paper, but in such a case, each such 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 his or her intention,

(h) in relation to any ballot paper written by hand--by reason of the failure of the ballot paper having printed on it--

(i) the registered logo of a registered party, or

(ii) if a composite name was required to be printed on the ballot paper for a periodic Council election--the registered logo of each registered party to which the composite name relates, or

(iii) the logo of a candidate as required by section 106B.

(4) Without limiting subsection (3), a ballot paper for a periodic Council election is also not informal in the following circumstances--

(a) if a voter records a vote on the ballot paper by placing a mark in a group voting square but also indicates preferences for individual candidates, the following provisions apply--

(i) if the indication of preferences for individual candidates would, if it stood alone, constitute a formal vote, that indication of preferences is to be taken to be the vote of the voter and the mark in the group voting square is to be disregarded,

(ii) if the indication of preferences for individual candidates would not, if it stood alone, constitute a formal vote, it is to be disregarded and the vote of the voter is to be taken to have been expressed by the mark in the group voting square,

(b) by reason only that it contains the name of any candidate who has died, but a preference indicated on any such ballot paper (or taken to be indicated on any such ballot paper by a vote recorded in a group voting square) for any such candidate is to be disregarded and the numbers indicating any subsequent preference is to be reduced by the number of any such candidates.