Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 4.75

4.75 .         Acceptance and rejection of ballot papers

        (1)         The returning officer may accept a ballot paper that, in his or her opinion, clearly indicates the elector’s wishes as required or authorised by section 4.69 even if the ballot paper is not marked precisely in accordance with section 4.69.

        (2)         In accepting a ballot paper under subsection (1) the returning officer, if appointed under section 4.20(4), is to have regard and give effect to any directions or guidelines given by the Electoral Commissioner.

        (3)         Regulations may do either or both of the following —

            (a)         without limiting the returning officer’s discretion to accept a ballot paper under subsection (1) —

                  (i)         prescribe circumstances in which the returning officer must accept a ballot paper even if the ballot paper is not marked precisely in accordance with section 4.69; and

                  (ii)         prescribe how the returning officer must treat a ballot paper when counting votes if the ballot paper was accepted under regulations made for the purposes of subparagraph (i);

            (b)         prescribe circumstances in which the returning officer must reject a ballot paper (despite subsection (1) or otherwise).

        [Section 4.75 amended: No. 11 of 2023 s. 50.]