Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 239

             (1)  Subject to subsection (2), in a Senate election a person shall mark his or her vote on the ballot paper by:

                     (a)  writing the number 1 in the square opposite the name of the candidate for whom the person votes as his or her first preference; and

                     (b)  writing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of the person's preference for them.

             (2)  A vote may be marked on a ballot paper by writing the number 1 in a square (if any) printed on the ballot paper under subsection 211(5) or 211A(6).

             (3)  Where a voter has marked a tick or cross in a square printed on a ballot paper under subsection 211(5) or 211A(6), the voter shall be regarded as having written the number 1 in the square.

             (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 opposite that name; or

                     (c)  of the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences.