Western Australian Current Acts Western Australian Current Acts (1) Section 139(a),
(c) and (e) apply to and in relation to a Council ballot paper.
(2) A Council ballot
paper is informal, where the relevant number in the election is one —
(a)
where there are only 2 candidates — if it does not indicate the
candidate for whom the elector votes; or
(b)
where there are more than 2 candidates — if it does not indicate the
elector’s preference for all candidates.
(3) A Council ballot
paper is informal, where the relevant number is more than one, if —
(a) in
the case of a ballot paper described in section 128(4)(a) or (5)(a) — it
does not indicate the elector’s preference for at least 20 candidates;
or
(b) in
the case of a ballot paper described in section 128(4)(b) or (5)(b) — it
does not indicate the elector’s preference for all candidates.
(4) The operation of
subsection (2) is subject to section 146EA and the operation of subsection (3)
is subject to sections 146EA and 146EB.
(5) A Council ballot
paper is not informal for any reason other than the reasons enumerated in
section 139(a), (c) and (e) and subsections (2) and (3) of this section.
(6) A Council ballot
paper is not informal under subsection (3) if it is marked in accordance with
section 128(6).
(7) Without limiting
the generality of subsection (5), if, after the nominations have been declared
and before or on polling day before the hour of closing the poll in an
election where the relevant number is more than one, a candidate dies and the
number of candidates remaining is greater than the number of candidates to be
elected, a Council ballot paper is not informal by reason only —
(a) of
the inclusion on the ballot paper of the name of the deceased candidate; or
(b) of
the marking of any consecutive number opposite that name; or
(c) of
the omission to place a number opposite that name, or of any resultant failure
to indicate in consecutive order the voter’s preference.
(8) Without limiting
the generality of subsection (5), where the vote of an elector is marked on a
ballot paper in a manner other than the prescribed manner but the ballot paper
clearly indicates the elector’s intention as necessary under subsection
(2)(a) or (b) or (3)(a) or (b) and is not informal under section 139(a), (c)
or (e), that ballot paper —
(a) is
not informal; and
(b) is
to be given effect according to the elector’s intention.
(9) In subsection (8)
—
prescribed manner means —
(a)
where the relevant number in the election is one and there are only 2
candidates on the ballot paper, the manner required by section 128(2);
(b)
where the relevant number in the election is one and there are more than 2
candidates on the ballot paper, the manner required by section 128(3);
(c)
where the relevant number in the election is more than one, the manner
authorised by section 128(4)(a) or (b) or (5)(a) or (b), whichever is
applicable.
[Section 146E inserted: No. 20 of 2021 s. 73.]