Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 123

123 Formal and informal ballot papers

(1) Subject to this section, for a ballot paper to have effect to indicate a vote for the purposes of this Act—

(a) the ballot paper must contain writing that is in accordance with section 122 or other writing or marks that indicate the voter’s intended order of preferences; and

(b) the ballot paper must not contain any writing or mark (other than as authorised by this Act) by which the elector can be identified; and

(c) the ballot paper must have been put into a ballot box as required by this Act; and

(d) if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.

(2) A ballot paper is taken to contain writing or marks that indicate the voter’s intended order of preferences, even though the square opposite the name of 1 of the candidates has been left blank, if—

(a) the voter has written the numbers 1, 2, 3 and so on in all the squares opposite the candidates’ names except for the blank square; and

(b) the numbers mentioned in paragraph (a) are consecutive numbers, without the repetition of a number.

(2A) A ballot paper mentioned in subsection (2) is taken to indicate that the candidate whose name is opposite the blank square is the voter’s last preference.

(3) Subsection (1) (d) does not apply to the witnessing of a signature if—

(a) the person required to witness the signature was a member of the commission’s staff; and

(b) the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.

(4) If a ballot paper has effect to indicate a vote, it is a formal ballot paper.

(5) If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.