Referendum guidelines

Updated: 11 September 2015

Referendum ballot paper tests

A voter filling in a referendum ballot paper is obliged to indicate their vote by either:

  • writing the word 'yes' on the ballot paper in the space provided if the voter approves the proposed law, or
  • writing the word 'no' on the ballot paper in the space provided if the voter does not approve the proposed law.

The prescribed method of recording a vote in a referendum is to use the words 'yes' or 'no' written alone (i.e. without qualification). In all cases, however, ballot papers must be admitted where the voter's intention is clear [s93(8) R(MP)A]. Words with the same meaning as 'yes' or 'no' (e.g. 'definitely' or 'never'), an indication of either 'Y' or 'N', as well as ticks are all capable of clearly demonstrating the voter's intention.

A vote at a referendum will be informal if any of the following apply:

  • no vote is marked on the ballot paper [s93(1)(b) R(MP)A]
  • it has more than one vote mark on the ballot paper that conflicts with each other [s93(1)(c) R(MP)A]
  • terms are used that convey indecision and uncertainty, such as 'I guess so' or 'not sure', or
  • a cross is used on a referendum ballot paper which has only one question, since a cross on its own may mean either 'yes' or 'no'.

A ballot paper is not informal merely because a ballot paper with the wrong state or territory was issued to the voter.

Use of multiple marks

Where a voter has marked a ballot paper in numerous ways, the vote is formal as long as conflicting answers have not been given. For example, a tick and a 'yes' in the one box will be formal, as the intention of the voter is to indicate approval for the question.

Example – use of multiple marks

Example of ballot paper with both a tick and the word 'yes'.

This ballot paper is formal

The intention of the voter is clear that they approve.

Example of ballot paper with both a cross and the word 'no'.

This ballot paper is formal

The intention of the voter is clear that they disapprove.

Example of ballot paper with a cross and the word 'OK'.

This ballot paper is informal

The intention of the voter is not clear.

Change to wording on ballot paper

If the voter changes the wording of the referendum question, whether by adding or deleting words, the voter's intention regarding the question is made unclear and the vote is informal.

Example – change to wording on ballot paper

Example of ballot paper with the question crossed out and the words 'Co you want a free meal?' written on the paper, with the word 'Yes' written in the box.

This ballot paper is informal

The intention of the voter unclear.

Use of figures on ballot paper

If a voter marks a ballot paper with words, symbols or figures in a language other than English, for example roman numerals, the ballot paper can be accepted if it is established that the voter's intention is clear to the DRO as the decision maker. The DRO is not required to investigate or research the matter further if the intention is not clear.

Example – use of figures on ballot paper

Example of ballot paper where the voter has drawn a smiley face in the box.

This ballot paper is informal

The intention of the voter is not clear.

Ballot papers with more than one question

Referendum ballot papers with more than one question require each question to be considered as if it was on a standalone ballot paper, i.e. it is possible for the answer to one question to be formal and the answer to another question to be informal.

On referendum ballot papers with two or more questions, crosses are also capable of clearly demonstrating the voter's intention, but are only formal if at least one other question on the same ballot paper is answered with a tick.

Example – ballot paper with more than one question

Example of ballot paper where the voter has placed a tick in the box for the first question and a cross in the box for the second question.

This ballot paper is formal for both questions

The voter's intention is clear having used a tick and a cross.

Example of ballot paper where the voter has placed crosses in the boxes for both questions.

This ballot paper is informal for both questions

The voter's intention is not clear having used two crosses.