South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 92

92—Interpretation of ballot papers in Legislative Council elections

        (1)         This section applies only in relation to a Legislative Council election.

        (2)         If 1 or more numbers, that are not disregarded under section 94(4b), are placed in group voting squares on a ballot paper in relation to groups of candidates (each group being a "preferenced group"), the ballot paper is taken to have been marked as if—

            (a)         each candidate in a preferenced group was given a different number starting from 1; and

            (b)         candidates in a preferenced group were numbered consecutively starting with the candidate whose name on the ballot paper is at the top of the group to the candidate whose name is at the bottom; and

            (c)         the order in which candidates in different preferenced groups are numbered is worked out by reference to the order in which the groups were numbered on the ballot paper, starting with the group marked 1; and

            (d)         when all the candidates in a preferenced group have been numbered, the candidate whose name is at the top of the next preferenced group is given the next consecutive number.

        (3)         If a voter marks 1 or more group voting squares in accordance with subsection (2) but also indicates preferences for individual candidates, the following provisions apply:

            (a)         if the indication of preferences for individual candidates would not, if it stood alone, constitute an informal vote, that indication of preferences will be taken to be the vote of the voter and any marks in the group voting squares will be disregarded;

            (b)         if the indication of preferences for individual candidates would, if it stood alone, constitute an informal vote, the voter will be taken to have recorded their vote by the marking of the group voting square or squares in accordance with subsection (2) and all other purported indications of preferences will be disregarded.



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