Western Australian Current Acts Western Australian Current Acts (1) A ballot paper for
a Council election where the relevant number is one must include —
(a) the
names of the candidates in the order determined under section 87(6); and
(b) a
square opposite the name of each candidate.
(2) A ballot paper for
a Council election where the relevant number is more than one must comply with
subsections (3) to (6).
(3) If there is only 1
group, the names of candidates included in the group must be printed on the
ballot paper in a group before the names of candidates, if any, not included
in the group.
(4) If there are 2 or
more groups, the following apply —
(a) if
in only 1 of the groups each of the candidates is an endorsed candidate of the
same registered political party — the names of candidates included in
the group must be printed on the ballot paper in a group before the names of
candidates included in the other group or groups;
(b) if
in 2 or more of the groups each of the candidates is an endorsed candidate of
the same registered political party — the names of candidates included
in the groups must be printed in groups in columns sequentially from the left
across the ballot paper in the order determined under section 87(5), before
the names of candidates included in any other group or, if there is no other
group, before the names of candidates, if any, not included in a group;
(c) if
only 1 of the groups remains after the application of paragraph (a) or (b)
— the names of candidates included in the group must be printed on the
ballot paper in a group before the names of candidates, if any, not included
in a group;
(d) if 2
or more of the groups remain after the application of paragraph (a) or (b) or
neither of those paragraphs applies — the names of candidates included
in the groups must be printed in groups in columns sequentially from the left
across the ballot papers in the order determined under section 87(5), before
the names of candidates, if any, not included in a group;
(e) the
order, within a group, in which the names of candidates in that group are
printed must be the order specified in the claim made by them under
section 80(1);
(f) the
names of candidates, if any, not included in a group must be printed —
(i)
in a column or, if there are too many names to print in 1
column, in 2 or more columns; and
(ii)
in the order determined under section 87(6).
(5) If there are no
groups, the names of the candidates must be printed on the ballot paper in the
order determined under section 87(6).
(6) In printing the
ballot papers —
(a) a
square must be printed opposite the name of each candidate; and
(b) if
the names of 5 or more candidates are included in a group —
(i)
a dividing line must be printed above the squares printed
opposite those names; and
(ii)
a square must be printed above the dividing line and
above the below-the-line squares printed opposite those names.
(7) If, before polling
day in a Council election where the relevant number is more than one, a
candidate is declared by a court to be incapable of being elected at that
election, the returning officer may take any action in relation to the
printing of the ballot papers the returning officer considers necessary as a
consequence of the declaration, including the following —
(a)
causing the ballot papers to be reprinted;
(b)
causing notations or marks to be made on the ballot papers;
(c)
again applying section 87(6).
[Section 94D inserted: No. 30 of 2023 s. 80.]