Ballot paper formality tests

Updated: 11 September 2015

All ballot papers will be required to undergo two tests before progressing through formality checking. Failure of either of these tests will result in an informal ballot paper and no further formality checking will be required.

  • Is the ballot paper authentic?
  • Does the ballot paper identify the voter?

Authentic ballot papers

Generally a ballot paper will carry an official mark (watermark or printed security pattern) and the initials of the issuing officer. However, ballot papers that do not carry these markings are not necessarily informal.

If an OIC is unsure of the authenticity of a ballot paper, such ballot papers should be presented to the DRO to decide on formality.

Ballot paper alteration by polling officials

If a ballot paper does not contain the initials of the issuing officer or an official mark, the OIC must refer the ballot paper to the DRO.

A fully printed ballot paper for a division may be altered to become a ballot paper for another division (i.e. the names of the candidates are crossed out by the issuing officer and the names of candidates for the other division are written in their place).

Where ballot papers have been altered by polling officials the vote is still formal if:

  • the political party names are not all correctly listed, for example the wrong party names are listed against the candidates or the party names are not listed.
  • a ballot paper has the names of any candidate spelt incorrectly, provided the identity of the candidate is still clear.
  • the ballot paper has the names of the candidates in the wrong order.
  • the candidates surname is only listed on the altered ballot paper, as long as no two candidates share a surname.

However, irrespective of the way the voter has voted, the ballot paper is informal if:

  • an altered ballot paper does not contain the names of every candidate for the division.
  • the candidate's given names only are listed on the altered ballot paper.

Alteration by polling officials

Example – ballot paper alteration by polling official

Example of ballot paper correctly altered by a polling official

This ballot paper is formal

All surnames are different.

That is, the ballot paper has been altered with the candidates' surnames only and no two candidates share a surname.

Example of ballot paper incorrectly altered by a polling official

This ballot paper is informal

There is no name beside the third box.

Identification of voter

A ballot paper that has been marked in a way that could identify the voter should be presented to the DRO to decide on formality.

OICs who are unsure about the formality of a ballot paper due to identifying marks should consider it informal, allowing the DRO to decide on formality.

Example – ballot paper that may identify a voter

Example of ballot paper which may be formal because only the voters initials have been written on the paper

This ballot paper may be formal

If, in the opinion of the DRO there is not enough information to identify the voter the ballot paper is formal.

Example of ballot paper which may be informal because there is a name written on the paper

This ballot paper may be informal

If, in the opinion of the DRO, there is sufficient writing on the ballot paper to uniquely identify the voter, the ballot paper is informal.

These examples of identification of a voter also apply to Senate and referendum ballot papers.

Ballot paper formality principles

There are five overarching principles that must be considered when interpreting the numbers on any ballot paper that has passed the initial two tests. They are:

  • Start from the assumption that the voter has intended to vote formally
    The assumption needs to be made that an elector who has marked a ballot paper has done so with the intention to cast a formal vote.
  • Establish the intention of the voter and give effect to this intention
    When interpreting markings on the ballot paper, these must be considered in line with the intention of the voter.
  • Err in favour of the franchise
    In the situation where the voter has tried to submit a formal vote, i.e. the ballot paper is not blank or defaced, doubtful question of form should wherever possible, be resolved in the voter's favour.
  • Only have regard to what is written on the ballot paper
    The intention of the voter must be unmistakeable, i.e. do not assume what the voter was trying to do if it's not clear – only consider what was written on the ballot paper.
  • The ballot paper should be construed as a whole
    By considering the number in each square as one in a series, not as an isolated number, a poorly formed number MAY be recognisable as the one missing from the series.

Lawful numbering sequence

House of Representatives and Senate ballot papers have different numbering sequence requirements. Whether a numbering sequence is lawful will depend on the type of ballot paper. However, there are some general principles that apply to the assessment of all ballot papers:

  • consecutive series of numbers
  • overwriting
  • acceptable forms of numbering
  • empty boxes
  • placement of votes
  • variations in handwriting, and
  • candidate name substitution.