Electoral Act, 1963

Chapter IV.

The Count.

Amendment of Rules 2 and 12 of Third Schedule to Principal Act.

36.—(1) The following Rule is hereby substituted for Rule 2 of the Third Schedule to the Principal Act:

“2. Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted, but the ballot paper shall not be invalid by reference only to carrying the words ‘one’, ‘two’, ‘three’ (and so on) or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a preference or preferences.”

(2) Rule 12 of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraphs for paragraphs (2) and (3):

“(2) The expression ‘first preference’ means the figure ‘1’, the word ‘one’ or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a first preference; the expression ‘second preference’ means the figure ‘2’, the word ‘two’ or a mark which, in the opinion of the returning officer, clearly indicates a second preference, standing in succession to a first preference; and the expression ‘third preference’ means the figure ‘3’, the word ‘three’ or a mark which, in the opinion of the returning officer, clearly indicates a third preference, standing in succession to a second preference; and so on.

(3) The expression ‘next available preference’ means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.”