Western Australian Current Acts Western Australian Current Acts (1) Where a ballot
paper in an election in which there are more than 2 candidates —
(a) has
the numeral “1” in the square opposite the name of a candidate;
and
(b) has
other numerals in the squares opposite the names of the remaining candidates
or all but one of the remaining candidates; and
(c) but
for this subsection, would be informal under section 139(d),
then —
(d) the
ballot paper shall not be informal under section 139(d); and
(e) the
numeral “1” shall be taken to express the elector’s first
preference; and
(f)
where numerals in squares opposite the names of candidates are in a sequence
of consecutive numbers beginning with the numeral “1”, the elector
shall be taken to have expressed a preference by the other numeral, or to have
expressed preferences by the other numerals, in that sequence; and
(g) the
elector shall not be taken to have expressed any other preference.
(2) In considering,
for the purposes of subsection (1), whether numerals are in a sequence of
consecutive numerals, any numeral that is repeated shall be disregarded.
(3) If a ballot paper
does not have a numeral in the square opposite the name of a candidate but a
preference for that candidate is marked on the ballot paper in some other
manner that clearly indicates the elector’s intention, the ballot paper
shall be regarded, for the purposes of this section, as having the numeral
appropriate to that preference marked in the square opposite the name of that
candidate.
[Section 140A inserted: No. 43 of 1996 s. 18.]
[ 140B. Deleted: No. 20 of 1988 s. 8.]