Introduction

When undertaking checks on whether a Senate, House of Representatives (HoR) or Referendum ballot paper is formal or informal, three questions should be asked:

• Is the ballot paper authentic?
• Does the ballot paper identify the voter?
• Does the ballot paper contain a lawful numbering sequence? (for HoR and Senate), or Does the ballot paper show that the voter’s intention to vote ‘Yes’ or ‘No’ is clear? (for a referendum)

When making decisions on disputed ballot papers, decision makers should attempt to look at as many disputed ballot papers as possible at the same time. This assists with consistent application of the principles in decision making.

If necessary consult with senior management in state or national office (excluding the Australian Electoral Officer (AEO) who may need to be the decision maker if a recount is held) for guidance on ballot paper formality. If required, legal advice can be sought.

Officers in Charge (OICs) and polling place officials conducting the scrutiny are to include any ballot paper where they are unsure of formality with other informal ballot papers, as all informal ballot papers are checked by the Divisional Returning Officer (DRO).

Note: For the purposes of this document, reference to the decision of formality by the DRO also includes OIC and AEO.

Central Senate Scrutiny

Any Senate ballot papers which are marked below the line or are of questionable formality and complexity will be assessed at a later stage through a data entry process called Central Senate Scrutiny. Central Senate Scrutiny is conducted after election night. Above the line ballot papers are manually counted, however, because below the line formality principles are complex it is not expected that staff will be required to spend large amounts of time trying to determine the formality of these Senate ballot papers on election night.