Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 239

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.