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Chapter IV.
The Count.
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Amendment of Rules 2 and 12 of Third Schedule to Principal Act.
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36.—(1) The following Rule is hereby substituted for Rule 2 of the Third Schedule to the Principal Act:
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“2. Any ballot paper—
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(a) which does not bear the official mark, or
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(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or
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(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or
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(d) on which anything except the number on the back is written or marked by which the voter can be identified,
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shall be invalid and not counted, but the ballot paper shall not be invalid by reference only to carrying the words ‘one’, ‘two’, ‘three’ (and so on) or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a preference or preferences.”
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(2) Rule 12 of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraphs for paragraphs (2) and (3):
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“(2) The expression ‘first preference’ means the figure ‘1’, the word ‘one’ or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a first preference; the expression ‘second preference’ means the figure ‘2’, the word ‘two’ or a mark which, in the opinion of the returning officer, clearly indicates a second preference, standing in succession to a first preference; and the expression ‘third preference’ means the figure ‘3’, the word ‘three’ or a mark which, in the opinion of the returning officer, clearly indicates a third preference, standing in succession to a second preference; and so on.
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(3) The expression ‘next available preference’ means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.”
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