New South Wales Consolidated Regulations

ABORIGINAL LAND RIGHTS REGULATION 2020 - REG 87

87 Informal ballot-papers

(1) At the scrutiny, a ballot-paper must be rejected as informal if--

(a) it is neither initialled by a deputy electoral officer nor bears a mark prescribed as an official mark for the purposes of section 165(3)(c) of the Electoral Act 2017 , or

(b) the elector has failed to record the elector's vote in the manner directed on the ballot-paper, or

(c) it has on it any mark or writing which, in the opinion of a deputy electoral officer, will enable any person to identify the elector.

(2) A ballot-paper is not to be rejected as informal merely because of any mark or writing which is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (1)(c)) if, in the opinion of the deputy electoral officer, the elector's intention is clearly indicated on the ballot-paper.

(3) A ballot-paper is not to be rejected as informal merely because--

(a) the same preference (other than the elector's first preference) has been recorded on the ballot-paper for more than one candidate, but the ballot-paper must be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or

(b) there is a break in the order of the elector's preferences recorded on the ballot-paper, but the ballot-paper must be treated as if any subsequent preferences had not been recorded on the ballot-paper.

(4) A ballot-paper is not to be rejected as informal in the following circumstances--

(a) by reason only that the elector 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",

(b) 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 the tick were the number "1",

(c) 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 deputy electoral officer, the elector'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.