Ballot paper formality guidelines
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There are strict rules governing when a ballot paper is formal and when a ballot paper is informal. A voter must follow the instructions on the ballot paper to cast a formal vote, however there are circumstances when a ballot paper may be ruled as formal when those voting instructions have not been strictly followed.
This section outlines the guidelines used to determine ballot paper formality.
For state government elections: the guidelines represent the formality provisions detailed in the Electoral Act 2017 as well as the NSW Electoral Commission’s policy where the Act is silent.
For local government elections: the guidelines represent the formality provisions detailed in the Local Government Act 1993 as well as the NSW Electoral Commission’s policy where the Act is silent.
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
1or7are 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 Returning Officer’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 Returning Officer’s opinion, the elector’s intention is clearly indicated, or
In relation to any ballot paper written by hand – because only a candidate’s surname is included (provided no other candidate with the same surname is on the ballot paper) or because of any mistake in spelling, if the elector’s intention is clear.
A ballot paper is informal if it has a mark or writing that, in the Returning Officer’s opinion, would enable the elector to be identified and that elector’s name is found on the roll for the electoral area.
Formality guidelines – single preference required
These guidelines apply to a ballot paper where only a single preference is required:
For state government:
a Legislative Assembly ballot paper
the ‘above the line’ section of a Legislative Council ballot paper.
For local government:
a mayoral 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 candidates 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 preferences recorded
it contains only one cross ‘X’ and no other preferences 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
Formal votes | How votes are counted |
|---|---|
1 | 1 |
Informal votes | How votes are counted |
2,3,4,5 | Not applicable – the ballot paper is informal |
Formality guidelines – multiple preferences required
These guidelines apply to a ballot paper where more than one preference is required.
For state government:
the ‘below the line’ section of a Legislative Council ballot paper.
For local government:
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:
for state government, it is 15
for local government, it is half (rounded up) of the number of candidates to be elected. For example:
if there are three candidates to be elected, there must be at least two votes recorded
if there are four candidates to be elected, there must be at least two votes recorded
if there are nine candidates to be elected, there must be at least five votes recorded.
Note: When counting the votes, any ticks and crosses are ignored.
A ballot paper, or 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)
Formal votes | How votes are counted |
|---|---|
1,2,3,4,5 | 1,2,3,4,5 |
Informal votes | How votes are counted |
1,2,3,4 | Not applicable – the ballot paper is informal |
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 (i.e. above or below the line) is formal and the other informal, the formal section takes precedence.
Formality guidelines – referendums and polls
The following examples are what is considered formal for referendum and poll ballot papers:
A ballot paper is formal if a tick ‘✓’ is placed in the square next to the word ‘YES’ or the word ‘NO’.
A ballot paper is formal if a cross ‘X’, instead of a tick ‘✓’, is placed in the square next to the word ‘YES’ or the word ‘NO’.
If, in the returning officer’s opinion, the elector’s intention is clearly indicated, a ballot paper may be formal if:
a tick ‘✓’ is placed adjacent to or near the square next to the word ‘YES’ or the word ‘NO’
it is marked with words with the same meaning as ‘yes’ or ‘no’, e.g. ‘definitely’ or ‘never’
it is marked in numerous ways as long as conflicting answers have not been given. For example, a ‘yes’ and a tick ‘✓’ in the one box will be formal, as the intention of the elector is to indicate approval for the question. Similarly a ‘yes’ and cross ‘X’ in one square will be formal, as the intention of the elector is to indicate approval
a tick ‘✓’ is placed in the square next to the word ‘YES’ and a cross ‘X’ is placed in the square next to the word ‘NO’
it has unnecessary marks or writing, e.g. drawings, symbols or comments.
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.
The following examples show what is considered informal for referendum and poll ballot papers:
The elector did not mark the ballot paper.
A tick ‘✓’ is placed in the square next to both the word ‘YES’ and the word ‘NO’.
The answer is written in a language other than English.
It has a mark or writing that, in the returning officer’s opinion, would enable an elector to be identified and that elector’s name is found on the roll for the electoral area.
It is marked in numerous ways that give conflicting answers. For example, the intention of the elector will be unclear if they placed a tick ‘✓’ in the square next to the word ‘YES’ and wrote ‘I think’ in the square next to the word ‘NO’ for the question.
It is marked with indecisive or uncertain words, e.g. ‘I guess so’ or ‘not sure’.
If the elector changes the wording of the referendum or poll question, whether by adding or deleting words.
View ballot paper samples – referendums and polls (PDF 0.1MB)
Voting instructions on electoral material
It is an offence to distribute electoral material (for example, how to vote material) instructing electors to mark their ballot paper using ticks or crosses.
Electoral material which contains voting instructions to the elector must clearly indicate the number of preferences required to be marked on the ballot paper, either above the line or below the line as applicable, to cast a formal vote.