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The Elections Act 2017 QUESTION #9442
Question 1
Section 90(5) provides the test for determining whether a ballot paper has been validly marked in favour of a candidate. A ballot paper is deemed marked for a candidate if:
  • Any mark appears within the candidate's designated space
  • The whole of the prescribed mark appears within the candidate's space
  • The whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate✔️
  • At least one-quarter of the mark is within the designated space
Correct Answer Explanation
Section 90(5) states: 'A ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate.'