§ CEA s. 239Marking of votes in Senate election

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Voting below the line (1) Subject to subsection (2), a person must mark his or her vote on the ballot paper in a Senate election by: (a) writing at least the numbers 1 to 12 in the squares printed on the ballot paper below the line (with the number 1 being given to the candidate for whom the person votes as his or her first preference, and the numbers 2, 3, 4 and so on to at least the number 12 being given to other candidates so as to indicate the order of the person’s preference for them); or (b) if there are 12 or fewer squares printed on the ballot paper below the line—numbering the squares consecutively from the number 1 (in order of preference as described in paragraph (a)). Note: See also section 268A for when the vote is formal. Voting above the line (2) A vote may be marked on a ballot paper by: (a) writing at least the numbers 1 to 6 in the squares (if any) printed on the ballot paper above the line (with the number 1 being given to the party or group for whom the person votes as his or her first preference, and the numbers 2, 3, 4, 5 and 6 being given to other parties or groups so as to indicate the order of the person’s preference for them); or (b) if there are 6 or fewer squares printed on the ballot paper above the line—numbering the squares consecutively from the number 1 (in order of preference as described in paragraph (a)). Note: See also section 269 for when the vote is formal. Candidates who die before polling day (4) Where a candidate dies between the date of nomination and polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot paper shall not be informal by reason only: (a) of the inclusion on the ballot paper of the name of the deceased candidate; (b) of the marking of any consecutive number in a square corresponding with that name; or (c) of the omission to place any number in a square corresponding with that name, or of any resultant failure to indicate in consecutive order the voter’s preferences.

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