Formality guidelines for ballot papers 

These guidelines governing the formality of ballot papers can also be found on the NSW Electoral Commission website elections.nsw.gov.au. The NSW Electoral Commission’s Computer Count (PRCC) system will determine the final formality based on the markings on the ballot papers data entered into the system during the Check Count. 

General formality guidelines 

• Ballot papers are read as a whole. Poorly formed numbers are interpreted in the context of other numbers on the ballot paper. 
  
  • A poorly formed number must bear a reasonable resemblance to an identifiable number.
  • Unconventional but recognisable numbers such as a continental 1 or 7 are acceptable.  
• A number or tick ‘✓’ or cross ‘X’ may be adjacent to but outside a square, or at the end of the candidate’s name, if, in the RO’s opinion, the elector’s intention is clearly indicated. 
• A ballot paper is not informal by reason only that it has not been initialled by an election official if it bears the prescribed mark. 
• A ballot paper is not informal by reason only of it having any unnecessary mark or writing (eg drawings or comments) if, in the RO’s opinion, the elector’s intention is clearly indicated. 
• A ballot paper is informal if it has a mark or writing that, in the RO’s opinion, would enable the elector to be identified and that elector’s name is found on the roll for the council or ward. 

Formality guidelines – single preference required 

These guidelines apply to a ballot paper where only a single preference is required, namely: 

• A Mayor ballot paper. 
• A Councillor ballot paper where only one Councillor is to be elected. 
• A Councillor ballot paper with no group voting squares, where only two Councillors are to be elected. 
• The Above The Line section of a Councillor ballot paper with group voting squares regardless of how many Councillors are to be elected. 
• The Below The Line section of a Councillor ballot paper with group voting squares where only two Councillors are to be elected. 

A ballot paper, or section of a ballot paper, from the above list is formal if: 

• It contains only one first preference ‘1’ but no ticks or crosses (it may contain other preferences). 
• It contains only one tick ‘✓’ and no other votes recorded. 
• It contains only one cross ‘X’ and no other votes recorded.  
• It contains only one first preference ‘1’ in a square and a cross 'X’ (or a line through) in two or more of the other squares and no ticks. 
• It contains only one tick ‘✓’ in a square, and a cross ‘X’ (or a line through) in two or more of the other squares and no other preferences. 
• A ballot paper, or section of a ballot paper, on which the elector has recorded a vote by placing in one square the number ’1’ is not informal by reason only: 
  • that the elector has recorded the same preference (other than the first preference) on the ballot-paper for more than one candidate, but the ballot-paper is to be treated as if those preferences and any subsequent preferences had not been recorded, or 
  • of there being a break in the order of preferences recorded on the ballot-paper, but the ballot-paper is to be treated as if any subsequent preference had not been recorded. 
    

Single-preference formality examples

Formality guidelines – multiple preferences required 

These guidelines apply to a ballot paper where more than one preference is required, namely: 

• A ballot paper with no groups where three or more candidates are to be elected. 
• A ballot paper with groups but no group voting squares, where three or more candidates are to be elected. 
• The Below The Line section of a ballot paper with groups where three or more candidates are to be elected. 

The minimum number of votes to be recorded is half (rounded up) of the number of candidates to be elected. For example: 

• If there are 3 candidates to be elected, there must be at least 2 votes recorded. 
• If there are 4 candidates to be elected, there must be at least 2 votes recorded. 
• If there are 9 candidates to be elected, there must be at least 5 votes recorded. 

A ballot paper, or the section of a ballot paper, from the above list is formal if: 

• The number of votes recorded equals or exceeds the minimum required. 
• It contains only one instance of a ‘1’. 

If an elector has recorded the minimum number of votes, a ballot paper, or section of a ballot paper, on which the elector has recorded a vote by placing in one square the number ‘1’ is not informal by reason only: 

• that the elector has recorded the same preference (other than the first preference) on the ballot-paper for more than one candidate, but the ballot-paper is to be treated as if those preferences and any subsequent preferences had not been recorded, or 
• of there being a break in the order of preferences recorded on the ballot-paper, but the ballot-paper is to be treated as if any subsequent preference had not been recorded. The break should not be two or more consecutive numbers. 

Multi-preference formality examples (where 9 or 10 candidates are to be elected and therefore a minimum of 5 votes are required)

Formality guidelines – ballot papers marked above and below the line  

If a ballot paper is marked both ‘Above The Line’ and ‘Below The Line’ and both sections are formal, the Below The Line section takes precedence. If one section (for example Above The Line or Below The Line) is formal and the other informal, the formal section takes precedence.  

Formality guidelines – Referendum and Poll 

Separate information will be provided on the NSW Electoral Commission website for the formality of ballot papers for a Referendum or Poll.