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The Elections Act 2017 QUESTION #9443
Question 1
Section 90(5) also provides what happens if the prescribed mark is equally divided between two spaces — meaning exactly half falls in each candidate's space. The result is:
  • The vote is counted for the candidate whose name appears first alphabetically
  • The ballot paper shall be deemed invalid✔️
  • The Presiding Officer has discretion to assign it to either candidate
  • The vote is counted for the candidate with fewer votes at that point
Correct Answer Explanation
Section 90(5) further provides: 'where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed invalid.'