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Scrutineers Handbook

The Scrutineers Handbook, published by the Australian Electoral Commission, provides essential information for individuals acting as scrutineers during federal elections, by-elections, and referendums in Australia. It outlines the roles and responsibilities of scrutineers, the procedures they must follow, and the legal framework governing electoral processes. The handbook also includes guidelines on how to become a scrutineer, what they can and cannot do, and details on voting and scrutiny procedures.

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0% found this document useful (0 votes)
26 views72 pages

Scrutineers Handbook

The Scrutineers Handbook, published by the Australian Electoral Commission, provides essential information for individuals acting as scrutineers during federal elections, by-elections, and referendums in Australia. It outlines the roles and responsibilities of scrutineers, the procedures they must follow, and the legal framework governing electoral processes. The handbook also includes guidelines on how to become a scrutineer, what they can and cannot do, and details on voting and scrutiny procedures.

Uploaded by

Connor Green
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 72

February 2025

Scrutineers
Handbook
Federal elections
By-elections
Referendums
Published by the Australian Electoral Commission
www.aec.gov.au
ISBN 978-1-921427-76-3
© Commonwealth of Australia 2025

The licence for this work is under the Creative Commons


Attribution 4.0 Australia Licence. To view a copy of this licence,
visit https://creativecommons.org/licenses/by/4.0/deed.en.
The Australian Electoral Commission asserts the right of
recognition as author of the original material. The report should
be attributed as Australian Electoral Commission Scrutineer’s
Handbook.

2 Scrutineers Handbook
Contents

About this handbook 5 Formality of votes 25


What does a scrutineer do? 5 Stages of the scrutiny 25
How do I become a scrutineer? 5 Checking formality 25
The Scrutineers Handbook 6 Ballot paper formality tests 25
Timing of electoral events 7 Ballot paper alteration by polling officials 26
Dos and Don’ts 8 Alteration by polling officials 27
Identification of voter 28
Ballot paper formality principles 29
Lawful numbering sequence 29
Becoming a scrutineer 9

Australian Electoral Commission 9 House of Representatives guidelines 30


At the polling place 9 Consecutive sequence of numbers 30
Appointment of scrutineers 10 Overwriting 31
Acceptable forms of numbering 32
During the polling 11 Empty boxes 34
Rights of scrutineers 11 Placement of votes 35
Offences by scrutineers 12 Variations in handwriting 36
Other offences during polling 13 Candidate name substitution 37

Voting 15 Senate guidelines 38


Certified list of voters 15 Consecutive sequence of numbers 38
Ballot papers 15 Overwriting 41
Methods of voting 15 Acceptable forms of numbering 42
Voting at mobile polling places 17 Missing or repeated numbers 45
Assisted voting 18 Placement of votes 48
Variations in handwriting 50
Group or candidate name substitution 51

The scrutiny 19
What scrutineers do 19 Referendum guidelines 54
What scrutineers must not do 20 Referendum ballot paper tests 54
On polling day 20 Use of multiple marks 55
After polling night 22 Change to wording on ballot paper 56
– fresh scrutiny or re-check Use of symbols and other languages 56
Scrutiny of declaration votes 23 on ballot paper
Ballot papers with more than one question 57

Scrutineers Handbook 3
Allocation of preferences 58 Appendix 2: Postal voting 66
Fresh scrutiny and DRO Senate count 58 Eligibility 66
House of Representatives 58 Application 66
Senate 60 Completion and return 67
Postal voting arrangements and deadlines 67
Appendix 1: Offences 62 Registered general postal voters 67
Scrutineer offences 62
Other offences 63 Appendix 3: Additional information
available to scrutineers 68
Polling place offences 65
Offences under crime legislation 65 Other official material 68

Glossary 69

4 Scrutineers Handbook
About this handbook
Thank you for assisting with Australia’s electoral process by acting as a scrutineer. You are doing
the extremely important job of helping to ensure that Australia’s proud democratic tradition of
transparent electoral events is maintained. Transparency and integrity in the conduct of elections
and referendums have, after all, been the hallmarks of Australia’s federal electoral system.
As a scrutineer, you need a clear understanding of your role including what you can and cannot do
under the law. This handbook is designed to help you before, during and after polling day to be as
effective as possible as a scrutineer. Remember, you can play a significant part in helping to ensure,
as far as possible, that every vote counts.

What does a scrutineer do? How do I become a


Scrutineers observe electoral processes to scrutineer?
ensure the rules are followed. Candidates are A scrutineer appointment form must be
not allowed to enter polling places, except to completed, which can be obtained from
vote. They are also not permitted to observe any Australian Electoral
the counting of votes (the scrutiny) for elections Commission (AEC) office or the AEC website.
in which they are a candidate. They have the The candidate or other person appointing you
right, however, to appoint scrutineers to must sign the form and give the name and
represent them during the polling and address of the scrutineer.
throughout the various stages of counting ballot
papers. You must then sign the undertaking on the form
stating you will not attempt to influence the vote
As a scrutineer, you have the right to be present of an elector and that you will not disclose any
when the ballot boxes are sealed, when they are knowledge you may acquire concerning any
opened, when votes are being issued, and when elector’s vote.
the votes are sorted and counted, so you may
confirm the integrity of election processes on The form may be provided in person to the
behalf of the person who has appointed you. relevant DRO or officer in charge of a polling
place, or by fax if such facilities are available.
Scrutineers may observe:
For an election, scrutineers can be appointed by
■ the polling
a candidate running in that election. For a
■ the early sorting of ordinary pre-poll ballot referendum, scrutineers can be appointed by
papers the Governor-General, the Governor of a State,
■ the counting of ballot papers (the scrutiny) the Chief Minister of the Australian Capital
■ the preliminary scrutiny of declaration Territory, the Administrator of the Northern
envelopes Territory (or persons authorised by those people
■ the further scrutiny of declaration votes to appoint scrutineers), and registered officers of
■ the fresh scrutiny of House of Representatives a registered political party. Non-candidate
or referendum votes appointers are referred to as the ‘person
■ the Divisional Returning Officer Senate count appointing’ throughout this handbook.
■ the Australian Electoral Officer scrutiny of
Senate ballot papers.

Scrutineers Handbook 5
The Scrutineers Handbook How the handbook can help you
This handbook explains what you will do as
This handbook is published by the AEC, the
a scrutineer, and how to comply with the law
Commonwealth agency that maintains the
during the election and throughout the vote
electoral roll and conducts federal elections,
counting process.
by-elections, and referendums. The
handbook covers the stages of the electoral Offences relating to elections are listed in
process relevant to a scrutineer. Appendix 1. Some electoral offences apply at
all times, while others apply during the specific
Each chapter in the handbook lists the parts
election period.
of the Commonwealth Electoral Act 1918 (the
Electoral Act) and the Referendum (Machinery As information can change during the life of a
Provisions) Act 1984 (the Referendum Act) publication, the AEC website is the best source
that set out laws applicable to scrutineers. of up-to-date information.
You may wish to consult the legislation directly
AEC National, State, Territory and
for the exact provisions. Other laws including
the Commonwealth of Australia Constitution
Divisional Office contact details
Act (the Constitution) may also be applicable. You will find office contact details on the
AEC website.
The AEC can help you by providing information
of a general nature about the role and duties of
Feedback welcome
a scrutineer. However, it cannot provide you with
The AEC welcomes your views on the usefulness
formal or informal legal advice.
of the Scrutineers Handbook and any specific
Legislative provisions appear in this handbook information provided in these pages. We invite
in a paraphrased form only, unless otherwise you to provide feedback via the AEC website.
indicated. Scrutineers must satisfy themselves
The AEC also publishes Electoral Backgrounders
about their own legal position and, if necessary,
on specific aspects of electoral law. Copies of
refer to the exact provisions of the Constitution,
these AEC publications can be accessed by
the Electoral Act and the Referendum Act and
visiting the AEC website or phoning 13 23 26.
consult their own lawyers.
You can access this handbook on the AEC
website. Legislation is published on the Federal
Register of Legislation at: www.legislation.gov.au.
Abbreviations and acronyms have been kept to a
minimum. Six abbreviations are used throughout
the handbook:
■ AEC – Australian Electoral Commission
■ AEO – Australian Electoral Officer
■ ARO – Assistant Returning Officer
■ DRO – Divisional Returning Officer
■ HoR – House of Representatives
■ CSS – Central Senate Scrutiny
The words ‘voter’ and ‘elector’ are used
interchangeably.
At the end of this handbook, you will find a
glossary that explains terms that may be
unfamiliar to you.

6 Scrutineers Handbook
Timing of electoral events
Federal elections By-elections
Constitutional and legislative frameworks that Whenever a vacancy occurs in the House of
govern Australian federal elections determine both Representatives because of the death,
the election timetable and electoral processes. resignation, absence without leave, expulsion,
Both Houses of Parliament have separate disqualification or ineligibility of a Member, a
provisions reflecting their different constitutional writ may be issued by the Speaker for the
roles. A House of Representatives term expires election of a new Member. A writ may also be
three years from its first official meeting but can issued when the Court of Disputed Returns
be dissolved earlier. Once the term expires or is declares an election void.
dissolved, the Governor-General will issue the The timing of a by-election is a matter for the
writs for an election. Speaker of the House of Representatives
The Senate is a continuing body with (Electoral Act, s152). The guiding principle in
Senators for each state elected for a six-year fixing the date of a by-election has always
term. A rotation system ensures half the been to hold the election as early as possible
Senate is retired or up for election every three to ensure electors are not left without
years. The two senators each representing representation any longer than is necessary.
the Australian Capital Territory and Northern
Territory are elected concurrently with the
members of the House of Representatives
and the duration of their terms of office
coincide with those for the House of
Representatives.
Usually, the House of Representatives and the
half Senate elections are held at the same
time. However, the Governor-General may
dissolve both Houses simultaneously upon
certain conditions having been met under s 57
of the Constitution, resulting in a general
election for the House of Representatives and
all of the Senate. This is known as a double
dissolution.
The key dates in the election timetable are
available on the AEC website.

Scrutineers Handbook 7
Referendums
The Constitution may only be altered with the approval of the Australian people. Any proposed law to
amend the Constitution must be submitted to the direct vote of electors in each state and territory in
Australia. Any alteration to the Constitution must be approved by a ‘double majority’: a national majority
of electors, and a majority of electors in a majority of states.
A referendum must be held no sooner than two months and no later than six months after the proposal
is passed by Parliament. The date set for the close of rolls is seven days after the issue of the writ and
voting day must be on a Saturday.

Do's and Don’ts


Whenever you are acting in the role of scrutineer, you must wear the Identification Badge the AEC
supplied to you in all polling places and counting centres.
As a scrutineer, you may:
■ observe all voting procedures – except an elector actually marking the ballot paper, unless the
elector has requested assistance (see ‘Assisted voting’ on page 18 for more information)
■ object to the right of any person to vote
■ be nominated by an elector to assist with the completion of a ballot paper
■ enter and leave the polling place at any time during voting
■ enter and leave the polling place at any time during the counts (your place may be taken by another
appointed scrutineer)
■ inspect, but not touch, any ballot paper at the count.
As a scrutineer, you must not:
■ stay in a polling place unless you have provided a completed appointment form
■ go into a polling place without your scrutineer’s badge
■ help with clearing voting booths or the removal of material from the polling place
■ touch ballot papers
■ interfere with a voter, or attempt to influence them
■ reveal anything you know about how someone has voted
■ wear a badge or emblem in support or opposition of a political party, candidate, or proposed change to
the Constitution within the polling place
■ deliberately show or leave in the polling place any how-to-vote card or similar direction as to how an
elector should vote
■ use any device with the potential capability of image and/or audio recording (including mobile
phones, tablets, cameras, and video recorders) in the scrutiny areas of a counting centre
■ use an image-recording device to record images of ballot papers or declaration vote envelopes in a
polling place or counting centre
■ unreasonably delay or interfere with the progress of counting the votes
■ disclose or communicate information gained during the early sorting of ordinary pre-poll ballot papers
to persons outside the counting centre before 6pm. This is an offence, and penalties may include
fines and imprisonment.
Should a scrutineer fail to adhere to the above guidelines, they may be asked to leave the polling place or
counting centre. A scrutineer who fails to leave when requested may be removed by the police.

8 Scrutineers Handbook
Becoming a scrutineer

The Electoral Act The Referendum Act


Part II, ‘Administration’ Part II, ‘Preliminary’

This chapter gives you some essential background on who is responsible for conducting the
election or referendum, the different roles of the people you are likely to meet on and after
polling day, and more detailed information on the appointment of scrutineers.

Australian Electoral At the polling place


Commission At the polling place, you are likely to come
Federal elections, by-elections and referendums into contact with several people who have an
are conducted by the AEC. official role.

The AEC has a National Office in Canberra, For each electoral event, polling places are
an office in each of the state capital cities and appointed for each division. Polling officials are
Darwin, and offices providing electoral services appointed for each polling place.
for House of Representatives electoral divisions. Under the provisions of the Acts, the officer
In each state and the Northern Territory, an AEO in charge of each polling place is called the
is responsible for the management of electoral Presiding Officer during polling – from 8am to
activities within their state or territory. An AEO 6pm on polling day. From 6pm, however, during
for the Australian Capital Territory is appointed the counting of the votes (the scrutiny), this
temporarily for each election period. officer is called the ARO.

The AEO is the returning officer for the Senate To overcome confusion, the AEC commonly
election in the state/territory. uses the term officer in charge to refer to both
the Presiding Officer and ARO. Officer in charge
Each electoral division has a DRO who is is the term you are most likely to hear in the
responsible for the electoral administration in polling place. Most other staff employed in
that division, including conducting electoral polling places work as issuing officers or inquiry
events in that division. officers. Issuing officers issue ballot papers
The DRO is the returning officer for the House of to voters. Inquiry officers assist voters with
Representatives election in the division. problems that may occur during the conduct of
the poll.
The Electoral Act, ss 348(1)(c), 348(3); the
Referendum Act, ss 135(1)(c), 135(3)
Other than polling officials, scrutineers, and
electors intending to vote, no one is permitted
in the polling place during polling, except by
permission of the officer in charge.

Scrutineers Handbook 9
Appointment of scrutineers In an election, only one scrutineer per candidate is
allowed:
The scrutineer appointment form must be ■ for each early voting centre
signed by the candidate (or person
■ for each mobile polling team
appointing) and include the name and
address of the scrutineer. The form may be
■ for each issuing point in a polling place on
election day
provided in person to the DRO or the officer
in charge of a polling place, or by fax if such
■ for each officer counting the votes during the
facilities are available. scrutiny
■ for each officer engaged in counting (including
Scrutineers may be appointed to act as a
persons performing the function of second
scrutineer during both the polling and the
tier data entry operators conducting exception
scrutiny, or different people may be appointed
checks) at the Central Senate Scrutiny.
for each process.
At a referendum, one scrutineer for each person
The scrutineer appointment form is used to or party appointing is allowed:
appoint scrutineers for early voting, polling day,
and the scrutiny. Multiple forms are required if
■ at each location where voting is being
conducted
you are scrutineering at more than one venue.
■ for each officer engaging in the scrutiny at each
Also included on the appointment form is an counting centre.
undertaking that each scrutineer must sign.
Scrutineers attending any form of mobile polling
Undertakings scrutineers are required to make
must organise their own transportation.
include:
■ not to divulge any information with respect to Identification Badge
the vote of an elector
When you attend a polling place or a
■ not to interfere with or attempt to influence the
counting centre, the AEC will supply you with
vote of an elector
a badge that identifies you as a scrutineer
■ not to communicate with any person in the
(the Identification Badge) and a scrutineer’s
polling place except so far as necessary in the
lanyard. Whenever you are acting in the role of
discharge of their functions
a scrutineer, you must hang the Identification
■ not to use any device with the potential
Badge on the scrutineer’s lanyard on the front
capability of image and/or audio
of your body and above your waist.
recording (including, but not limited to,
mobile phones, tablets, You must return your Identification Badge if
cameras and video recorders) in the scrutiny you leave the polling place or counting centre
area of a counting centre at any time.
■ not to use any image-recording device to
record images of ballot papers or declaration
envelopes
■ not to disclose or communicate information
that relates to the early sorting of pre-poll
ordinary votes to persons outside the
counting centre before the close of voting
■ to comply with any lawful direction.

10 Scrutineers Handbook
During the polling

The Electoral Act The Referendum Act


Part XV, ‘Postal Voting’ Part III, ‘Voting at a referendum’
Part XVA, ‘Pre-poll voting’ Part IV, ‘Postal Voting’

Part XVI, ‘The polling’ Part IVA, ‘Pre-poll Voting’

Part XXI, ‘Electoral offences’

In this chapter, you will find a description of what you are entitled to do during the polling, on polling
day, and a summary of what you and others cannot do under the law. A full list of offences under the
law, and the penalties these incur, is at Appendix 1.
The permissible behaviour of campaign workers and others who are likely to be in the vicinity of the
polling place, such as photographers or media representatives, is also described.
Note: When a building used as a polling place is situated in enclosed grounds and the officer in
charge, with the authority of the DRO, displays a signed notice at each entrance stating that the
grounds are part of the polling place, those grounds are considered to be part of the polling place
for purposes of an offence under section 340 of the Electoral Act and section 131 of the
Referendum Act.

Rights of scrutineers At the sealing of the ballot boxes


The Electoral Act, ss 200DP(1), 200DQ, 217(1),
As a scrutineer, you have certain rights under the
220(a), 220(d) and 227(10); the Referendum
Acts, whether you are within the polling place or
performing your duties as a scrutineer elsewhere. Act, ss 73CP(1), 73CQ, 29(1)(a), 29(1)(d),
These rights are outlined below, along with the 51(10)
sections of the Acts that specify them. You have the right to observe the officer in
charge sealing the empty ballot box and
Coming and going recording the seal numbers before the poll
The Electoral Act, s 218(2); the Referendum Act, commences at 8am. You may also observe the
s 28(2) sealing of the ballot box at the conclusion of
You may enter and leave the polling place at any any polling that extends over more than one
time during the polling. If you leave, you can be location or day.
replaced by another scrutineer who has been Note: Section 220(d) of the Electoral Act – sealing
properly appointed. ballot boxes – does not apply at counting centres.
Remember, on polling day only one scrutineer
for each candidate or person appointing at Questioning of electors
each issuing point can be present in the polling The Electoral Act, ss 200DI(1) and 229(1); the
place at any one time and you must return your Referendum Act, ss 73CI(1) and 30(1)
Identification Badge if you leave the polling You may observe the issuing officer asking
place at any time. questions to ascertain the elector’s full name,
place of living and whether they have voted
before in the election or referendum.

Scrutineers Handbook 11
If a person is claiming entitlement to apply for You have the right to be present during the
an early vote (prior to polling day), the issuing conduct of mobile polling at locations including,
officer will also ask the person whether they are but not limited to hospitals, prisons and remote
entitled to apply for an early vote. areas. In an election, mobile polling teams may
carry how-to-vote material, but not openly
Objections display it. They provide the how-to-vote material
to voters on request.
The Electoral Act, s 231(2); the Referendum Act,
s 33(2) You have the right to be present during
You may object to the right of any person to the conduct of mobile polling in prisons in
vote. The officer in charge must record all such accordance with arrangements made with
objections by scrutineers. prison authorities.
You have the right to be present during the
Helping voters conduct of mobile polling in remote areas.
The Electoral Act, ss 234 and 234A; the In all instances of attending mobile polling, you
Referendum Act, ss 36 and 36A
must arrange your own transport.
You may assist any voter if they ask you. You
may observe and accompany the officer in
charge when they are requested to assist a voter Offences by scrutineers
who is blind or has low vision, has low literacy
The Acts and the Criminal Code are specific
skills or is otherwise incapable of marking the
about what constitutes an offence by a
ballot paper without assistance. These voters
scrutineer. See Appendix 1 for more information.
may, however, appoint another person to enter
Penalties can involve a fine or imprisonment or
the voting booth with them to mark and deposit
both. This section summarises the various types
the ballot paper in the ballot box. In this case,
of offences you need to be aware of as you
neither the officer in charge nor the scrutineer
perform your role as scrutineer.
accompanies the voter into the voting booth.
If you are in any doubt about what constitutes
You may also be present during the issuing of
an offence, you should seek independent legal
votes outside the polling place to any voter who
advice.
has satisfied the officer in charge that they are
unable to enter the polling place itself due to Scrutineers must not use any image-recording
physical incapacity. device (including cameras, video recorders and
camera or video-enabled mobile phones) to
What about other situations? record images of ballot papers or declaration
The Electoral Act, s 200DA(1); the Referendum vote envelopes, or any other images that might
Act s 73CA identify an elector and how they have voted,
in a polling place or counting centre.
You have the right to be present during the
polling at an early voting centre.
The Electoral Act, s 227; the Referendum Act,
s 51
Mobile polling teams conduct mobile polling at
any time on any of the 12 days preceding polling
day, on polling day or on a day to which polling is
adjourned. Where voting day for a referendum is
not the same as that fixed for polling at an
election, mobile polling in the referendum can be
conducted on any of the 19 days preceding
polling day.

12 Scrutineers Handbook
■ impersonating someone with the intention
Behaviour in the polling place or
of securing a ballot paper to which the
counting centre impersonator is not entitled
The Electoral Act, ss 348 and 218; the ■ impersonating someone with the intention
Referendum Act, ss 135 and 28
of voting in their name
A scrutineer must not interfere with a voter or ■ fraudulently doing anything that results in a
attempt to influence any voter within the polling nomination paper or ballot paper being
place. You must limit any communication you defaced or destroyed
have with a voter to what is necessary for you to ■ fraudulently putting any ballot paper or other
discharge your function as a scrutineer. paper into the ballot box
If the officer in charge considers you have ■ fraudulently taking any ballot paper out of any
committed a breach, or that you are guilty of polling place or counting centre
misconduct, they may request that you be ■ supplying ballot papers without authority
removed from the polling place by the police or ■ interfering with or doing anything that results
by another authorised person. You may also be in the unlawful destruction, taking, or opening
removed if you fail to obey the lawful directions of of the ballot boxes or ballot papers.
the officer in charge. Other offences include:
You must not disclose to anyone else any ■ voting more than once in the same election, and
knowledge you may acquire as a scrutineer ■ defacing, mutilating, destroying, or removing
about how an elector has voted. any kind of material displayed by or under the
You must not disclose or communicate authority of the DRO.
information that relates to the early sorting of Campaign workers, other than those appointed
pre-poll ordinary votes to persons outside the as scrutineers, may only enter the polling place
counting centre before the close of voting. once – to record their own vote. There is only
You must not exhibit or leave in the polling one exception: when an elector who is blind, has
place any printed material – card or paper – that low vision, is physically incapacitated, or has low
directs, instructs or is intended to influence an literacy skills, nominates a campaign worker to
elector on how to vote. help them vote.

You must not wear a badge or emblem in The six-metre limit


support or opposition of a political party,
The Electoral Act, s 340; the Referendum Act,
candidate or proposed change to the s 131
Constitution in the polling place.
Special prohibitions apply to the area within six
Other offences during polling metres of the entrance to a polling place, early
voting centre or a mobile polling location.
Scrutineers, campaign workers and other
A person (including for example, campaign
supporters of a candidate should also be aware
workers and supporters) must not:
of various other acts and omissions that
constitute an offence during elections. ■ canvass for votes
■ solicit votes
The Electoral Act, Part XXI; the Referendum Act,
Part X ■ induce any elector not to vote for any
particular candidate
In summary, these offences include:
■ induce any elector not to vote at the election or
■ knowingly making a false or misleading referendum
statement about an elector’s enrolment to ■ exhibit any notice or sign (other than an official
them notice) relating to the election.
■ marking a vote or making any other mark
on any other person’s ballot paper without
authority

Scrutineers Handbook 13
Prohibitions also apply to any of these activities
that are broadcast by electronic equipment
and are clearly audible within six metres of the
entrance to a polling place or early voting centre.
The general prohibition on canvassing within six
metres of an entrance to a polling place or early
voting centre means that people (such as
campaign workers and supporters) who are
distributing how-to-vote cards and other
non-AEC notices can only hand out or display
this material outside the six-metre limit.

14 Scrutineers Handbook
Voting

The Electoral Act The Referendum Act


Part XV, ‘Postal voting’ Part III, ‘Voting at a referendum’
Part XVI, ‘The polling’ Part IV, ‘Postal Voting’
Part IVA, ‘Pre-poll Voting’

For more information on voting procedures, please visit the AEC website or phone the
AEC on 13 23 26.
Voting is compulsory in Australian federal elections, by-elections, and referendums. The AEC puts a
great deal of effort into ensuring every qualified elector has the opportunity to vote. As a scrutineer,
you will need to know about the voting process, including the different types of votes that can be
cast and the various issues involved in the management of polling during an election. This chapter
discusses these matters in depth.
Scrutineers are in a trusted position, so it is particularly important you are aware of your legal
obligation to observe the secrecy of the vote. You must also observe the prohibition on recording
any aspect of the voting process.
Remember, you must wear an official Identification Badge identifying you as a scrutineer at all times
when you are in a polling place as a scrutineer.

Certified list of voters


papers are printed on separate pieces of
Before polling begins, each issuing officer at paper and each ballot paper will be a
a polling place is supplied with a copy of the different colour.
certified list of voters for the division/s for which
Any elector who makes a mistake or ‘spoils’ a
the polling place is appointed. The certified list
ballot paper before it is placed in the ballot box
is used in issuing votes to electors enrolled for
or in the declaration vote envelope may receive a
that division.
new one when they return the spoilt ballot paper
If a voter’s name is not found on the certified list, to the issuing officer.
they may cast a provisional or absent vote. Their
entitlement to vote in the election will be verified Methods of voting
before their ballot paper is added to the scrutiny. As a scrutineer, you will observe electors using
various methods to record their votes. You
Ballot papers should therefore be aware of the different
categories and methods of voting, as the rules
An elector is issued with a green ballot
differ slightly in the observation of each:
paper for the House of Representatives
election or by-election, and a white ballot ■ ordinary voting
paper for the Senate election. ■ declaration voting, including:
— absent votes
Generally, referendum ballot papers have a
buff background and are printed on one
— provisional votes
piece of paper. However, if the — interstate votes
circumstances in s 25(3A) of the — early votes, which can be cast in person or
Referendum Act apply, referendum ballot by post.

Scrutineers Handbook 15
Ordinary voting Absent voting
An ordinary vote is recorded by an elector whose The Electoral Act, ss 222(1) and 227(8)(b) and (d);
entitlement to vote is verified at the place of the Referendum Act, ss 46(1)(b) and 51(8)(b) and
polling and whose name is marked off a certified (d)
list of voters.
An elector who is away from the division for which
Ordinary votes may be cast on, or in certain they are enrolled but still within the same state or
circumstances before, polling day. Most of territory may, upon making a declaration, vote via
these votes are counted on polling day, after a mobile polling team or vote on polling day at
the close of voting. any other polling place in that state or territory.

At the polling place, the elector will be asked


Interstate voting
questions to ascertain the elector’s full name,
place of living and whether they have voted Electors who are out of their own state before
before in the election or referendum. The polling day may make an early vote at an early
issuing officer may ask one or more other voting centre, or via a mobile polling team. Some
questions to establish the identity of the early voting centres are also open on polling day
elector. for the casting of interstate votes.

If the issuing officer is satisfied with these Provisional voting – eligibility


answers, the elector is entitled to vote and
An elector may be issued with a provisional
receives a ballot paper for each election and/or
vote if:
referendum. The issuing officer initials the ballot
paper and marks the name of the voter off the
■ their name cannot be found on the certified
certified list. list of voters for the division (the Electoral Act,
s 235(1) (a); the Referendum Act, s 37(1)(a)),
The elector must then proceed alone to a voting or
booth and, in private, for each ballot paper: ■ their name is on the certified list of voters,
■ mark their vote on the ballot paper but their address does not appear on the list
■ place it in the ballot box and leave the polling (these may be silent electors who for reasons
place. of personal or family safety do not have their
address shown) (the Electoral Act, s 235(1)(b);
the Referendum Act, s 37(1)(b)), or
Declaration voting ■ the officer in charge has asked the person one
A declaration vote is recorded by an elector or more questions under s 229(4) of the
whose entitlement to vote cannot be Electoral Act or s 30(4) of the Referendum Act
confirmed at the place of voting. The elector about matters shown on the certified list of
makes a signed declaration on an envelope voters for a particular person to establish
and then puts their completed ballot paper(s) whether the person is that particular person and
one of the following applies:
inside. These votes are counted after polling
day if the elector’s entitlement to vote is verified
— their answers do not accord with the
relevant information shown for that
using the information provided on the
particular person on the list (the
declaration envelope.
Electoral Act, s 235(1)(c)(i); the
A declaration vote can be cast as: Referendum Act, s 37(1)(c)(i))
■ an early declaration vote prior to polling day
— their answers accord with the relevant
either in person or by post information shown for that particular
person on the list but the officer is not
■ an absent vote prior to and on polling day
satisfied that the person is that particular
■ a provisional vote prior to or on polling day. person (the Electoral Act, s 235(1)(c)(ii);
the Referendum Act s 37(1)(c)(ii))

16 Scrutineers Handbook
— they refused to answer fully (the Electors who are blind or have low vision and
Electoral Act, s 235(1)(c)(iii); the Antarctic electors will be able to cast a secret
Referendum Act, s 37(1)(c)(iii)), or vote via special call centre arrangements. Further
■ their name has been marked on the certified information for candidates and scrutineers about
list of voters as having already voted at the the locations and hours of operation of call
polling place (and the voter claims not to have centres is available by contacting the AEC on
voted before) (the Electoral Act, s 235(1)(d); 132326 or emailing info@aec.gov.au.
the Referendum Act, s 37(1)(d)), or
Scrutineers have the right to be present during
■ the person is provisionally enrolled as a new
citizen (the Electoral Act, s 235(1)(e); the the conduct of early voting.
Referendum Act, s 37(1)(e)). The Electoral Act, ss 231(2) and 200DJ(2); the
Referendum Act, ss 33(2) and 73CJ(2)
Provisional voting – completion and At the request of a scrutineer, the officer in
return charge must make a note and keep a record of
The Electoral Act, s 235; the Referendum Act, any objection by the scrutineer to the right of the
s 37 voter to vote by pre-poll declaration or pre-poll
The following procedures apply to provisional ordinary vote.
voting: On polling day some early voting centres
■ the issuing officer must show the voter a written provide voting services for electors from
statement (either as a separate card or on the interstate.
back of the declaration envelope) explaining
provisional voting and the procedures followed Postal voting
■ the provisional voter must complete the You may observe the preliminary scrutiny of
envelope with their details (with the exception postal vote certificates, extraction of ballot
that an elector with their address suppressed papers and subsequent counting of postal votes.
from the electoral roll is not required to publicly
disclose their address) Electors who may be eligible for postal voting
■ the provisional voter must sign a declaration include those who will not be in their home
on an envelope provided for the purpose, in state or territory on polling day, are seriously ill,
the presence of the issuing officer, who must infirm or unable to leave work, or for religious
then sign as witness to the declaration and add reasons are unable to attend a polling place.
the date The conditions for entitlement to a postal vote
■ on receipt of a ballot paper, the provisional are given in detail in Appendix 2.
voter casts their vote in the ordinary manner
■ the provisional voter returns the ballot
paper to the polling officer, who then Voting at mobile polling
places it in the signed and witnessed places
declaration envelope, seals it and puts it in
Mobile polling provides the opportunity for
the ballot box for later dispatch to the DRO.
electors who are unable to go to polling places
Early voting to vote at an election or referendum. Mobile
polling services may be delivered at any place
An elector may apply in person for an early
where the Electoral Commissioner determines
vote at an early voting centre on any of the
they may be needed and may commence up to
grounds applicable to postal voting (as per
12 days before polling day, on polling day, or
appendix 2) and cast either a pre-poll
on a day to which polling is adjourned.
declaration or pre-poll ordinary vote.
Alternatively, they may apply for For a standalone referendum, mobile polling
a postal vote or cast their vote with a mobile services can be conducted on any of the 19 days
polling team. preceding polling day.

Scrutineers Handbook 17
Once determined, the places, days and times of
Where no such person is appointed, the officer
mobile polling arrangements are published on
in charge may perform this role in the presence
the AEC website. Mobile polling can take place
of scrutineers or, if no scrutineers are present, in
at locations including, but not limited to
the presence of a polling official or another
hospitals, prisons, and remote areas.
person appointed by the voter.
Please note, establishments that have agreed to The officer in charge at a hospital will inform the
mobile polling may have entry requirements that elector of their right to be assisted in casting a
apply to AEC staff and scrutineers who attend vote when necessary.
these locations to observe polling. Entry
requirements may include COVID vaccination, In any situation where a voter requires
influenza vaccination, wearing a mask, assistance, the voter may indicate a voting
undertaking a rapid antigen test and, in some intention to the officer in charge with a written
jurisdictions, a working with vulnerable people statement, including a how-to-vote card.
clearance.
Voting outside the polling place
Candidates and scrutineers are required to The Electoral Act, s 234A; the Referendum Act,
ensure scrutineers who are attending mobile s 36A
polling locations are able to comply with the
If the officer in charge is satisfied that an
entry requirements of that location to avoid
elector is unable to enter the polling place
potential disruptions to polling. Acceptable forms
because of physical disability, illness,
of evidence to support compliance may need to
advanced pregnancy, or other conditions, they
be provided if requested by the establishment. A
may allow the elector to vote outside in close
list of mobile polling locations will be made
proximity to the polling place.
available on the AEC website soon after the
Issue of Writ for an electoral event. You may The officer in charge must inform any scrutineers
contact establishments receiving mobile polling at the polling place that an elector will vote
for details of their entry requirements. outside the polling place and that one scrutineer
per candidate or person appointing is allowed to
Assisted voting be present when the elector votes. As a
scrutineer, you are entitled to observe the
Voting inside the polling place process (though not the marking of the ballot
The Electoral Act, s 234; the Referendum Act, papers, unless the officer in charge is called on
s 36 by the voter to assist in marking the ballot
As a scrutineer, you may assist any voter if they papers). The voter must mark their ballot papers
ask you. Assisted voting is available at all in the presence of a polling official and then hand
polling places including areas visited by mobile them to the polling official.
polling teams, such as hospitals, prisons, and The polling official must ensure the ballot
remote areas. papers are immediately returned to the polling
The officer in charge may permit any voter place and put in the ballot box in the presence
who is blind or has low vision, is physically of any scrutineers who were present when the
incapacitated, or has low literacy skills, to be elector voted.
accompanied by a person appointed by the If the voter also satisfies the officer in charge
voter so that the person (in accordance with the that they are unable to vote without assistance,
voter’s wishes) can mark and deposit the voter’s the officer in charge may, with the voter’s
ballot paper in the ballot box on behalf of the consent, allow a polling official to mark the
voter. ballot papers as the voter indicates.
The voter may indicate a voting intention to
the officer in charge with a written statement,
including a how-to-vote card.

18 Scrutineers Handbook
The scrutiny

The Electoral Act The Referendum Act


Part XVI, ‘The polling’ Part VI, ‘Scrutiny of a referendum’
Part XVIII, ‘The scrutiny’ Schedule 4, ‘Rules for the conduct of a
preliminary scrutiny of declaration votes’
Schedule 3, ‘Rules for the conduct of a
preliminary scrutiny of declaration votes’

As a scrutineer, you may be present at the checking and counting of the ballot papers after the close
of polling – the scrutiny of House of Representatives and referendum ballot papers and the count of
Senate ballot papers. You may be present at the early sorting of ordinary pre-poll ballot papers from
4pm on polling day. This chapter details what you can and cannot do as a scrutineer during the
counting process. It also describes the AEC’s procedures so you will know what to expect as you
observe the counting of ballot papers on polling night and in the days following.

What scrutineers do scrutiny of HoR and referendum ballot papers,


the DRO Senate count, the preliminary and
The Electoral Act, ss 264 and 265; the further scrutiny of declaration votes, and any
Referendum Act, ss 89 and 90
recount of ballot papers.
As a scrutineer, you have certain roles under the
Act. These roles are outlined below. Objections
The Electoral Act, s 267; the Referendum Act, s 92
Sealing and opening ballot boxes
You may object to the admission or rejection
You have the right to inspect the condition of
of any ballot paper at a scrutiny. The officer
and observe the sealing (if relevant) and opening
conducting the scrutiny will then decide whether
of ballot boxes. Ballot boxes containing votes
the vote is formal or informal and mark the ballot
taken by mobile polling teams are forwarded
paper as ‘admitted’ or ‘rejected’. The officer
to the DRO for counting. These ballot boxes
may reject a ballot paper as informal even if no
are opened and the scrutiny of the HoR and
scrutineer has objected to it.
referendum ballot papers and the Senate count
are conducted on polling night or as soon as Note: The count of Senate ballot papers carried
possible after polling night. out at polling places is not considered a scrutiny.
This means that the ARO has no legislative
Counting ballot papers authority to make decisions on the formality of
You have the right to observe the counting Senate ballot papers and scrutineers cannot
of ballot papers on polling night by AROs, challenge the formality of Senate ballot papers
including the two-candidate-preferred count at this point. The ARO will, however, separate
conducted after the counting of first preference out the obviously informal ballot papers which
HoR votes. You may also view the flow of cannot be allocated to any group because they
preferences from other candidates, but only if are blank, indicate more than one first preference
this does not unreasonably delay the scrutiny. or do not indicate a first preference for any
candidate. The scrutiny of Senate ballot papers
You may observe the counting of ballot papers
is undertaken at the CSS centre in the weeks
following polling night, including the fresh
following polling day. Scrutineers have the
opportunity to challenge the formality of ballot
papers at the CSS.

Scrutineers Handbook 19
Countersigning endorsements On polling day
Electoral officers package ballot papers and
other materials relating to the election or
Early sorting of ordinary pre-poll
referendum for dispatch to the divisional offices. ballot papers
You may countersign endorsements of the From 4pm on polling day some ballot boxes
contents on any containers of ballot papers, and containing ordinary pre-poll HoR or referendum
countersign statements setting out the number ballot papers will be opened for early sorting.
of first preference votes for each candidate and This process involves unfolding the ballot papers
the number of informal ballot papers. and sorting them to first preferences, ‘yes’, ‘no’
or informal, but they are not counted.
Coming and going As a scrutineer you may observe the early
You may come and go during the scrutiny, sorting process, but you are not entitled to
provided there is never more than one scrutineer object to a ballot paper before the closing of
per candidate or person appointing per polling the poll. Challenges may occur when the official
official engaged in the scrutiny at any one time. scrutiny begins at 6pm.
Remember, you must return your Identification It is an offence to disclose or communicate
Badge if you leave the counting centre at any information that relates to the early sorting of
time. ballot papers to persons outside the counting
centre before the closing of the poll. Penalties
include fines and imprisonment.
What scrutineers must not do
Polling night scrutiny
During the scrutiny, you must not:
The counting of ordinary votes begins in each
■ handle ballot papers in any way polling place immediately after the poll closes at
■ unreasonably delay or interfere with the 6pm on polling day.
counting of votes.
When the HoR election and Senate election are
While you have the right to observe all stages held at the same time, the HoR ballot papers are
of the scrutiny and challenge the formality counted before Senate ballot papers.
decisions made by scrutiny staff on HoR and
On polling night, polling officials are required to
referendum ballot papers, it is the duty of the
complete the following tasks after the close of
ARO to ensure the results from the polling
polls:
place are delivered in an orderly and timely
way. ■ count the first preferences on the HoR ballot
papers
If the ARO, DRO or AEO, as the case may be, ■ conduct a two-candidate-preferred count
is of the opinion that allowing you to inspect of the HoR ballot papers (note: this is an
votes would unreasonably delay the scrutiny, indicative count only)
you may be told that you are no longer ■ count the first preferences on the Senate
allowed to inspect the votes (the Electoral Act, ballot papers
s 265(2)). ■ count the referendum ballot papers
(if applicable)
■ sort and reconcile declaration vote envelopes
and counterfoils.
The counting of ordinary HoR and referendum
votes taken at pre-poll voting centres also
commences as soon as possible after 6pm on
polling day.

20 Scrutineers Handbook
All proceedings at the count must be open to names of the two candidates at the
commencement of the count.
you. The scrutiny may be adjourned from time to
time as might be necessary until the counting of ■ Polling officials sort the ballot papers into first-
the votes is complete. preference piles for each of the candidates.
The ballot papers for the two nominated
Informal votes candidates are removed to a secure area and
the ballot papers for the remaining candidates
A ballot paper is generally considered informal
are notionally allocated to one of the two
if it is not filled out correctly in accordance with
nominated candidates according to who is
the relevant Act and the instructions on the
more preferred or gets the ‘best preference’.
ballot paper. It therefore cannot be included in
the scrutiny. For example, if the two nominated candidates
The formality of ballot papers is covered in more are Labor and Liberal then a ballot paper that
detail under the heading “Formality of votes” on has ‘1’ Democrats, ‘2’ Independent, ‘3’ Labor
page 25 of this publication. and then ‘4’ Liberal will be allocated to the
Labor candidate. A ballot paper that showed ‘1’
House of Representatives Independent ‘2’ Liberal (etc) would be allocated
count on polling night to the Liberal candidate.
The HoR are initially sorted by the polling Like the count of first preference votes, this result
officials into first preference votes for each is telephoned through to the DRO, who enters it
candidate and informal ballot papers. The into the Election Management System, which in
results are then tabulated and the first turn updates the TR on the AEC website.
preference vote figures for each candidate are
The full distribution of preferences for HoR votes
telephoned to the relevant DRO.
is conducted by the DRO in the weeks after
Divisional staff then enter these figures for each polling day.
polling place into the national computerised
Election Management System, which in turn Senate count on polling night
updates the Tally Room (TR) on the AEC website. On polling night, the total number of Senate
ballot papers, the first preference votes –
Indicative two-candidate-preferred above the line and below the line and the
On the completion of the count of first
total obviously informal – are counted. A first
preferences for the HoR at each polling place,
preference figure for each group and each
the officer in charge must, as directed by the ungrouped candidate is reported.
relevant AEO (in accordance with s 274(2A) of
the Electoral Act), conduct an indicative Senate results cannot be calculated until the
distribution of preferences on a two candidate- state or territory-wide total of all votes is known
preferred basis. This provides an indication of and is used to determine the quota – the
the likely outcome of the election in each proportion of votes required by a candidate to
division. be elected. It is only possible, therefore, to get
a general impression of the Senate results on
The procedure for the indicative two-candidate- polling night.
preferred count is outlined below.
The Senate count on polling night may begin at
■ After nominations close, the AEC selects
the same time as the two candidate-preferred
two candidates in each division to whom
count for the HoR depending on the number of
preferences of all other candidates will be
staff in the polling place. Results from the
distributed indicatively on election night. These
candidates are chosen in most cases on the Senate count are telephoned through to the
basis of previous election results. DRO, and group totals and ungrouped results
are entered into the Election Management
■ The names of the two candidates are not
System in the same way as HoR votes.
made public before the close of polling. At
each polling place, the ARO announces the

Scrutineers Handbook 21
On polling night, the only figures released for the DRO Senate count after polling
Senate are the first preference votes for groups night
and ungrouped candidates.
In the weeks following polling day, the DRO checks
Referendum count on polling night that the total number of Senate ballot papers
The counting of referendum ballot papers also matches the number counted in the polling places
begins on polling night. The ‘Yes’ and ‘No’ and does an initial count of ballot papers from
votes are counted, telephoned through to the mobile polling teams, pre-poll voting centres and
DRO and entered into the Election Management declaration votes. The initial count is a total first
System. preference figure for each group and ungrouped
candidate and a total of obviously informal ballot
As soon as the scrutiny of ordinary votes ends,
papers. The result is entered into the Election
all the ballot papers from the polling place are
Management System and the ballot papers are then
placed in sealed containers and delivered to the
dispatched in secure containers by approved means
DRO.
of transport to the AEO at the CSS centre. The
exact time of the DRO Senate count will be advised
After polling night – fresh by the DRO.
scrutiny or re-check
Any person approved by the officer conducting the
count may be present, as well as duly appointed
House of Representatives and
scrutineers.
referendum after polling night
The initial scrutiny of HoR and referendum ballot Central Senate Scrutiny (CSS)
papers conducted at the polling place on polling After the DRO Senate count, the AEO conducts
night is routinely followed by a ‘fresh scrutiny’ the Senate scrutiny and assesses the formality of
conducted at a divisional out-posted centre in ballot papers at the CSS centre in each state and
the days following polling day. The fresh scrutiny territory.
is a re-check of all ordinary votes received from
All ballot papers are scanned for entry into the
every polling place, pre-poll voting centre and
semi-automated scrutiny process which
mobile polling team within a division.
captures preferences using a combination of
The fresh scrutiny of HoR ballot papers also optical character recognition software and
includes a two-candidate-preferred count, to manual verification by a human operator.
confirm the TCP result from election night. This Scrutineers may view the verification process
count is conducted in essentially the same manner and, if they wish, raise challenges for adjudication
as the indicative two-candidate-preferred count by the AEO.
conducted in polling places on election night. Large monitors and space around workstations
Following the fresh scrutiny, a full distribution of in the exception queues (that deal with those
preferences is also carried out for each polling ballot papers that require further intervention) are
place. provided for scrutineers to observe ballot papers.
Although not required under the Referendum Once all ballot paper data is received at the AEC it
(Machinery Provisions) Act 1984, it is AEC policy is transferred to the count system where the
to conduct a fresh scrutiny of all declaration vote distribution of preferences is run, and the result of
referendum ballot papers. the Senate election is determined.
This system provides full accountability and
an audit trail, including reports for inspection by
scrutineers. The relevant AEO notifies all Senate
candidates in writing of the location and hours
of operation of the CSS centre in that state or
territory.

22 Scrutineers Handbook
Scrutiny of declaration votes The DRO will contact candidates before the
preliminary scrutiny to advise times, dates, and
Declaration votes generally do not get counted locations of preliminary scrutinies.
on polling night; instead, they are counted in
the weeks following polling night. The counting Postal vote certificates
of these votes takes longer than the counting of
Section 228(5A) of the Electoral Act and
ordinary votes.
s 46A(5A) of the Referendum Act require the
The DRO and staff in the counting centre AEC to wait for up to 13 days after polling
conduct the scrutiny of declaration votes in two day for any outstanding postal (or other
stages: declaration) votes. These votes are included
■ the preliminary scrutiny of postal vote in the count if they were cast before 6pm on
certificates and declaration vote envelopes polling day and are received by a designated
containing early, absent or provisional votes to AEC staff member within 13 days after the
determine whether each person is entitled to a close of the poll. These envelopes may need
vote to be forwarded by the receiving officer to
■ the further scrutiny where the ballot papers the owning DRO. For this reason, the
admitted to the scrutiny are taken out of their counting of postal votes is an ongoing
envelopes and then treated in the same way process for up to three weeks after polling
as ordinary ballot papers. day.
A postal ballot paper will be accepted for further
Declaration exchange
scrutiny if the DRO is satisfied:
In the days following polling day, a ‘declaration
vote exchange’ is carried out between the
■ that the elector is enrolled for the division
divisions, where declaration votes are physically
■ that the vote contained in the envelope was
passed on to the relevant division. Declaration recorded prior to the close of the poll (which
votes received on behalf of other divisions is done by checking the date the witness has
signed)
are sent to the division for which the voter is
claiming enrolment (the ‘home’ division). Once
■ that the signature on the postal vote certificate
is valid
the declaration votes are received in the home
division, the scrutiny of these votes can begin.
■ that the signature is correctly witnessed.
Following the removal of signature checking
Preliminary scrutiny requirements from the Electoral Act, the AEC
The preliminary scrutiny of declaration vote implemented an authentication checking system
envelopes determines which declaration votes to confirm that the person who submits a Postal
are admissible and can proceed to further Voting Application (PVA) is the same person who
scrutiny for HoR and referendum or a DRO completes the Postal Voting Certificate (PVC).
Senate count. The preliminary scrutiny of This is to be done via a security question and
early and postal declaration vote envelopes answer process, with signature checking as
can begin from the receipt of the declaration a back-up. PVCs must not be rejected if the
vote envelopes. This assists the DRO to begin security answer is incorrect or not provided, as it
the further scrutiny of these types of is not a mandatory field and does not invalidate
declaration votes promptly after polling day. the PVC.
Electronic Certified List (ECL) devices will be used If there is doubt that the signature on a PVC
to assist staff in conducting preliminary scrutiny. is that of the elector, the DRO must check the
Following preliminary scrutiny, envelopes may be signature against the most recent enrolment
record (if any) of the elector’s signature available.
opened to extract ballot papers however no ballot
paper is scrutinised before the close of the poll.

Scrutineers Handbook 23
Early, absent and provisional vote Further scrutiny of declaration votes
declaration envelopes Declaration votes generally do not get counted
The requirements for the preliminary scrutiny of on polling night. From the Monday before
early (pre-poll), absent and provisional votes are election day, the DRO opens the declaration
essentially the same as those for the preliminary vote envelopes that have passed the preliminary
scrutiny of postal votes. scrutiny. The ballot papers are extracted, without
being inspected, and placed in a ballot box.
A declaration vote will be accepted for further
At the further scrutiny, they are counted in a
scrutiny if the DRO is satisfied:
counting centre in the period following polling
■ that the elector is enrolled for the division night, following the same procedures as after
■ that the certificate or declaration has been 6pm on polling day.
properly signed and witnessed.
The DRO will advise candidates of the times,
Votes will not be admitted where: dates and locations of the further scrutiny.
■ the elector was provisionally enrolled at Scrutineers have the same rights and
17 years of age but had not turned 18 on or responsibilities at a further scrutiny in a counting
before polling day centre as they have at the scrutiny of ballot papers
■ the elector’s claim to be enrolled was received in a polling place after 6pm on polling day.
by the AEC after the close of rolls for the
election or referendum.
A vote will generally be admitted if clerical,
computer error or omission was responsible for
the elector’s name or address being excluded
from the electoral roll.

24 Scrutineers Handbook
Formality of votes

The Electoral Act The Referendum Act


Part XVI, ‘The polling’ Part VI, ‘Scrutiny of a referendum’
Part XVIII, ‘The scrutiny’

As a scrutineer, you have the right to challenge the admission or rejection of any ballot paper at the
scrutiny. The grounds for a challenge may be the formality or informality of the ballot paper. You
therefore need to know the difference between an informal vote and a formal vote.
Please refer to the Ballot paper formality guidelines for further guidance and examples.

Stages of the scrutiny If the polling place officials conducting the


scrutiny of HoR or referendum ballot papers are
The scrutiny of ballot papers has two stages: in doubt about the formality of a ballot paper,
■ an initial formality check, where votes that do they will put it in a separate pile for the ARO to
not satisfy certain criteria are excluded review.
■ a subsequent examination of those votes that If an ARO is unsure of the formality of any ballot
pass the formality check to determine which
paper, they should always include them with the
candidate has been elected, or whether the
other informal ballot papers.
prosed law to alter the Constitution has been
approved. All informal HoR and referendum ballot papers
are checked at the fresh scrutiny, and by
following the above process, the ARO ensures
Checking formality consistent decision-making on the formality of
possibly contentious ballot papers.
To help decision makers correctly identify ballot
papers as formal or informal, there are:
■ two formality tests that must be applied to all Ballot paper formality tests
ballot papers
All ballot papers will be required to undergo
■ five principles that must be applied to every
ballot paper that passes the initial two tests two tests before progressing through formality
checking. Failure of either of these tests will
■ a set of guidelines that underpin these
result in an informal ballot paper and no further
principles.
formality checking will be required.
The ARO at the polling place, DRO at the fresh
■ Is the ballot paper authentic?
scrutiny and the AEO for the Senate are the
appropriate decision makers. To assist with the
■ Does the ballot paper identify the voter?
consistent application of the formality principles,
decision makers should attempt to look at as
many disputed ballot papers as possible at the
one time.

Scrutineers Handbook 25
Authentic ballot papers Where ballot papers have been altered by polling
Generally, a ballot paper will carry an official mark officials the vote is still formal if:
(watermark or printed security detail) and the ■ the political party names are not all correctly
initials of the issuing officer. listed, for example the wrong party names
are listed against the candidates, or the
However, ballot papers that do not carry these
party names are not listed
markings are not necessarily informal. They
■ a ballot paper has the names of any candidate
should be presented to the DRO in the case of
spelt incorrectly, provided the identity of the
HoR or referendum ballot papers or to the AEO
candidate is still clear
in the case of Senate ballot papers to decide on ■ the ballot paper has the names of the
their formality.
candidates in the wrong order
■ the candidate’s surname is only listed on
the altered ballot paper, as long as no two
Ballot paper alteration by candidates share a surname.
polling officials NOTE: There is no legal requirement for a ballot
A fully printed ballot paper for a division may be paper prepared by an official under s 209(6) or
altered to become a ballot paper for another s 209(7) of the Electoral Act to contain a party
division (i.e. the names of the candidates are logo and therefore the absence of a logo does
crossed out by the issuing officer and the names not make the ballot paper informal.
of candidates for the other division are written in
However, irrespective of the way the voter has
their place).
voted, the ballot paper is informal if:
In a referendum, the name of the state or territory ■ an altered ballot paper does not contain the
printed on the ballot paper may be changed to names of every candidate for the division.
the name of the state or territory in which the ■ the candidate’s given names only are listed on
ballot paper is issued. the altered ballot paper.

26 Scrutineers Handbook
Alteration by polling officials
Example – ballot paper alteration by polling official

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is formal This ballot paper is informal.


All surnames are different. That is, the ballot paper There is no candidate’s name beside the third
has been altered with the candidates’ surnames box.
only and no two candidates share a surname.

Scrutineers Handbook 27
Identification of voter
A ballot paper that has been marked in a way that could identify the voter should be presented to the
DRO in the case of HoR and referendum ballot papers and to the AEO in the case of Senate ballot
papers to decide on formality.

Example – ballot paper that may identify a voter

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper may be informal This ballot paper may be formal
If, in the opinion of the DRO, there is sufficient If, in the opinion of the DRO there is not enough
writing on the ballot paper to uniquely identify the information to identify the voter the ballot paper
voter, the ballot paper is informal. is formal.

28 Scrutineers Handbook
Ballot paper formality principles
There are five overarching principles that must be considered when interpreting the marks on any ballot
paper that has passed the initial two tests. They are:

Start from the assumption that the voter has intended to vote formally
The assumption needs to be made that an elector who has marked a ballot paper has done so with the
intention to cast a formal vote.

Establish the intention of the voter and give effect to this intention
When interpreting markings on the ballot paper, these must be considered in line with the intention
of the voter.

Err in favour of the franchise


In the situation where the voter has tried to submit a formal vote, i.e. the ballot paper is not blank or
defaced, doubtful questions of form should wherever possible be resolved in the voter’s favour.

Only have regard to what is written on the ballot paper


The intention of the voter must be unmistakable, i.e. do not assume what the voter was trying to do if it’s
not clear – only consider what was written on the ballot paper.

The ballot paper should be construed as a whole


By considering the number in each square as one in a series, not as an isolated number, a poorly formed
number MAY be recognisable as the one missing from the series.

Lawful numbering sequence


HoR and Senate ballot papers have different numbering sequence requirements. Whether a numbering
sequence is lawful will depend on the type of ballot paper. However, there are some general principles
that apply to the assessment of all ballot papers:
■ consecutive sequence of numbers
■ overwriting
■ acceptable forms of numbering
■ empty boxes
■ placement of votes
■ variations in handwriting, and
■ candidate name substitution.

Scrutineers Handbook 29
House of Representatives guidelines

Consecutive sequence of Example – consecutive numbering

numbers
A House of Representatives ballot paper is only House of Representatives
formal if the voter has indicated a first preference Ballot Paper
and consecutively numbered all boxes. A number
in the series may not be repeated or skipped. State
Electoral Division of Division Name
If one box is left blank and all other boxes have
Number the boxes from 1 to 8 in
been numbered in a consecutive sequence
the order of your choice
starting with the number ‘1’, the paper is formal
providing: SURNAME, Given Names
INDEPENDENT
■ the blank box is the last in the consecutive
sequence SURNAME, Given Names
PARTY
■ there is no marking at all in the box.
Alterations to numbers will not make a ballot SURNAME, Given Names
PARTY
paper informal, provided the voter’s intention is
clear, for example a number can be crossed out SURNAME, Given Names
and another number written beside it. PARTY

SURNAME, Given Names


PARTY

SURNAME, Given Names


PARTY

SURNAME, Given Names


PARTY

SURNAME, Given Names


PARTY

Remember... number every box to make your vote count

This ballot paper is formal


There are eight consecutive numbers reasonably
discernible.

30 Scrutineers Handbook
Overwriting
If a number is overwritten in a way that makes it impossible to read, then the ballot paper is informal.

Example – overwritten ballot paper

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is formal This ballot paper is informal


The third box is an overwritten ‘3’, the fourth box The overwriting in the second square is
is an overwritten ‘4’. indecipherable

Scrutineers Handbook 31
Acceptable forms of numbering
For voting in the House of Representatives, voters may use a consecutive sequence in various styles
– such as: numerals (1 2 3), words (one two three), roman numerals (I II III IV), or ordinal numerals (1st
2nd 3rd). In certain cases, a mixture of numbering sequences can be used, provided that the voter’s
intention is clear. Voters can use letters in a consecutive series (A B C) provided A is the first
preference and no letters are repeated or skipped. A mixture of letters and numbers will result in an
informal ballot paper.

Example – numbering

Example 1. Example 2. Example 3.

The ballot paper above is The ballot paper above The ballot paper above
informal. is formal. is informal.
A tick is not a valid first Numbers can be written as A mixture of numbers and
preference mark. words or figures. letters has made the voter’s
intention unclear.

32 Scrutineers Handbook
Two candidates only
In the case of only two candidates on a HoR ballot paper, if the voter has placed a ‘1’ in the box beside a
candidate and
■ left the second box blank, or
■ inserted any other number
the ballot paper will be deemed formal (s 268(1)(c) of the Electoral Act).

Scrutineers Handbook 33
Empty boxes
For House of Representatives ballot papers a single box may be left empty provided it is the last in the
series and on the condition there is no marking in the box at all. A scribble or dot etc in the final box will
result in informality if it is not recognisable as the next number in the series.
Two or more empty boxes on a House of Representatives ballot paper results in an informal vote.

Example – empty boxes on ballot paper

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is informal This ballot paper is informal


No discernible figure in the eighth square. There are two empty boxes.

34 Scrutineers Handbook
Placement of votes
The vote can be made inside the box or beside the box/candidate name, provided the intention of the
voter is clear.

Example – placement of votes

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is formal This ballot paper is formal


The figure in the eighth square reasonably There is a consecutive series of discernible
resembles a ‘7’. numbers beginning with ‘1’ and the voter’s
intention is clear.

Scrutineers Handbook 35
Variations in handwriting
Unconventional but recognisable variations in handwriting, such as placing a stroke through the vertical
stem of the number ‘7’ or an upward angular stroke before the familiar vertical stroke on the number ‘1’,
should not result in a ballot paper being informal, provided any variations result in a series of numbers
and the voter’s intention is clear.

Example – variations in handwriting

House of Representatives House of Representatives


Ballot Paper Ballot Paper

State State
Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in


the order of your choice the order of your choice
SURNAME, Given Names SURNAME, Given Names
INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

SURNAME, Given Names SURNAME, Given Names


PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is formal This ballot paper is formal


The figure in the fourth box reasonably There is a consecutive series of discernible
resembles a ‘1’. numbers beginning with ‘1’, and the voter’s
intention is clear.

36 Scrutineers Handbook
Candidate name substitution
If the voter crosses out or replaces a candidate’s name on a ballot paper, that ballot paper is informal
unless the square adjacent to the substitute candidate name is left blank or given the last preference in
which case section 268(1)(c) of the Electoral Act would likely permit the HoR ballot paper being considered
formal.
Note that this does not include cases where a fully printed ballot paper is altered to become a ballot
paper for another division by a polling official.
If a candidate name has been added to the ballot paper by the voter and been allocated any number
except the last number, the vote is informal.

Example – candidate name substitution

House of Representatives House of Representatives House of Representatives


Ballot Paper Ballot Paper Ballot Paper

State State State


Electoral Division of Division Name Electoral Division of Division Name Electoral Division of Division Name

Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in Number the boxes from 1 to 8 in
the order of your choice the order of your choice the order of your choice

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


INDEPENDENT INDEPENDENT INDEPENDENT

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

SURNAME, Given Names SURNAME, Given Names SURNAME, Given Names


PARTY PARTY PARTY

Remember... number every box to make your vote count Remember... number every box to make your vote count Remember... number every box to make your vote count

This ballot paper is formal This ballot paper is informal This ballot paper is informal
The voter has indicated The voter has not indicated a The voter has not indicated a
consecutive preferences preference for all the candidates valid first preference.
for all nominated candidates in the election.
commencing with the
number ‘1’.

Scrutineers Handbook 37
Senate guidelines

Consecutive sequence of numbers


Above the line Below the line
For an above the line vote (ATL), voters are For a below the line vote (BTL), voters are
instructed to consecutively number at least instructed to consecutively number at least
6 boxes above the black line, in the order of 12 boxes alongside individual candidates in
their preference, commencing with the number order of their preference commencing with the
‘1’. By voting in this way, voters are preferencing number ‘1’. They may continue to express further
the individual candidates within a group in preferences if they wish.
the order in which they appear on the ballot
Where there are more than 6 candidates, the
paper. However, where a voter consecutively
ballot paper will still be formal if the voter has
numbers fewer than 6 boxes, (including only
consecutively numbered the boxes 1 to 6. In
one box with a first preference) the ballot paper
effect the minimum formality threshold for a
will still be formal, but will exhaust after the last
BTL vote is the expression of the numbers
consecutive number.
(preferences) 1, 2, 3, 4, 5, 6 with no duplications
or missing numbers.
Note: s 268A(2)(a) of the Act would permit the
number ‘1’ being expressed as either a singular
tick or cross e.g. X, 2, 3, 4, 5, 6,

Marked both above and below


the line
For a ballot paper that is marked both above and
below the line, the BTL figures take precedence
and will count as the vote.
If however the BTL figures are informal, the ATL
vote will be accepted, providing it is formal.
Disclaimer: All the Senate ballot paper examples
in this publication are for the ‘Election of 6
Senators’ in a state. In the event of a double
dissolution election the Senate ballot paper for
each state will be for the ‘Election of 12 Senators’.
Ballot papers for the territories are always for the
‘Election of 2 Senators’.

38 Scrutineers Handbook
Example – ATL Senate vote

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


The voter’s intention is clear. There is a consecutive sequence in a least 6 boxes (from 1 to 7).

Example – BTL Senate vote

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED


Below the line
By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


The voter has indicated their preferences by the consecutive numbers 1 to 12.

39 Scrutineers Handbook
Example – ATL Senate vote

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


While the voter has not complied with the requirements of s.239 of the Electoral Act to number at least six boxes,
provided there are no other mistakes, ‘vote saving’ provisions mean ballot papers marked above the line with a
number one only (or a sequence of numbers less than six) will be included in the count.

Example – BTL Senate vote

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


While the voter has not complied with the requirements of s.239 of the Electoral Act to number at least twelve boxes,
provided there are no other mistakes, ‘vote saving’ provisions mean ballot papers marked below the line with at
least six consecutive preferences commencing with the number one will be included in the count.

40 Scrutineers Handbook
Overwriting
If a number is overwritten in a way that makes it impossible to read, then the ballot paper is informal.

Example – overwritten ballot paper – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


Even though the voter has overwritten two numbers, their intention to number the second and third
candidates in Group G with their sixth and fifth preference is clear.

If the overwriting was not clear enough to determine the voter’s intention, the ballot paper would be
informal because the voter has not expressed consecutive preferences for at least 6 candidates. If the
same situation occurred for preference numbers higher than 6, the ballot paper would be formal, but
exhaust where there is clear contention over the number sequence.

41 Scrutineers Handbook
Acceptable forms of numbering
For voting ATL and BTL in the Senate, voters may use a consecutive series in various styles – such as:
numerals (1 2 3), words (one two three), roman numerals (I II III IV), or ordinal numerals (1st 2nd 3rd). In
certain cases, a mixture of numbering sequences can be used, provided that the voter’s intention is clear.
Letters are not acceptable forms of numbering for the Senate.

Example – numbering – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal

42 Scrutineers Handbook
Example – use of a tick or cross – ATL Senate
Unlike in the HoR, for voting ATL and BTL in the Senate, ticks or crosses are acceptable as a first
preference mark in lieu of the number ‘1’. Only one tick or cross or number ‘1’ may be used to indicate
the voter’s first preference.

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


There is a single first preference mark (a cross) ATL and consecutive preferences from 2 to 6.

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


The voter’s intention is not clear because there are two first preference marks (both a tick and a cross) ATL.

43 Scrutineers Handbook
Example – use of symbols – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


While s.268A(2)(a) and s.269(1A) of the Electoral Act allow a singular tick or cross to be treated as a first
preference as the number ‘1’ there is no provision in the Electoral Act that allows a circled logo to be
treated as expressing a voter’s first preference. The circle must be treated as an additional mark that
appears on a ballot paper that does not represent a preference (number). Likewise, asterisks, hashtags,
plus and minus symbols cannot represent a preference number.

44 Scrutineers Handbook
Missing or repeated numbers
Where it meets the minimum requirements, a ballot paper with missing or repeated numbers will still be
formal and will exhaust at the missing or repeated number.
The ATL voter has to mark the number ‘1’, or the number ‘1’ and one or more higher numbers (s.268A(1)
(b) of the Electoral Act).
The BTL voter has to consecutively number at least their first 6 preferences (s.268A(1)(b) of the Electoral Act).

Example – missing numbers – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


However, because the voter’s fourth preference is missing only the first three preferences will be included
in the count. The preferences numbered 5 to 8 will be disregarded.

45 Scrutineers Handbook
Example – repeated numbers – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED


Below the line
By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


The voter’s intention is not clear. The repeated first preference means that no preferences can be counted.

Example – missing numbers – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


However the missing number ‘10’ breaks the voter’s preference sequence, so only the boxes marked 1
to 9 can be included in the count. The remaining preferences are disregarded.

46 Scrutineers Handbook
Example – repeated numbers – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


The repetition of the number ‘3’ means that the voter has only clearly expressed two preferences, rather
than the minimum requirement that the voter express the numbers 1 to 6.

47 Scrutineers Handbook
Placement of votes
The vote can be made inside the box or beside the box/candidate name on a Senate ballot paper,
provided the intention of the voter is clear.

Example – placement of votes – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


The voter’s intention is clear.

48 Scrutineers Handbook
Example – placement of votes – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


There is a consecutive series of discernible numbers from 1 to 12. The voter’s intention is clear.

49 Scrutineers Handbook
Variations in handwriting
Unconventional but recognisable variations in handwriting, such as placing a stroke through the vertical
stem of the number ‘7’ or an upward angular stroke before the familiar vertical stroke on the number ‘1’,
should not result in a ballot paper being informal, provided any variations result in a series of numbers
and the voter’s intention is obvious.

Example – variations in handwriting – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED


Below the line
By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


The figure in the third box reasonably resembles a ‘1’.

50 Scrutineers Handbook
Group or candidate name substitution
If the voter crosses out or replaces a political party or group’s name or a candidate’s name on a ballot
paper, that ballot paper may be informal.

Example – group name substitution – ATL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED


Below the line
By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


The voter has not indicated a valid first preference for any available group.

51 Scrutineers Handbook
Example – candidate name substitution – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


The voter has not indicated a valid first preference for any of the available candidates.

Example – candidate name substitution – BTL Senate

Senate Ballot Paper


State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED


Below the line
By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is informal


By expressing preferences for “substituted candidates” the voter has not complied with the minimum
requirement to express at least six consecutive preferences from 1 to 6.

52 Scrutineers Handbook
Senate Ballot Paper
State – Election of 6 Senators
A B C D E F G

You may
vote in one of
two ways
Either
Above the line
By numbering at least 6
of these boxes in the order PARTY PARTY PARTY PARTY PARTY PARTY
of your choice (with number
1 as your first choice).

Or PARTY PARTY PARTY PARTY PARTY PARTY UNGROUPED

Below the line


By numbering at least 12 SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
of these boxes in the order Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
of your choice (with number PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT
1 as your first choice).
SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME
Given Names Given Names Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY PARTY INDEPENDENT

SURNAME SURNAME SURNAME SURNAME SURNAME SURNAME


Given Names Given Names Given Names Given Names Given Names Given Names
PARTY PARTY PARTY PARTY PARTY

SURNAME SURNAME
Given Names Given Names
PARTY

This ballot paper is formal


While the voter has substituted the names of two candidates, they are additional marks and are
disregarded. The voter has not expressed any preference for the ‘substitute candidates’ so the additional
marks are irrelevant to the consideration of formality. The voter has complied with the requirement
to mark the ballot paper in accordance with s.239(1) of the Electoral Act.

53 Scrutineers Handbook
Referendum guidelines

Referendum ballot paper


tests A vote at a referendum will be informal if any of
the following apply:
A voter filling in a referendum ballot paper is
obliged to indicate their vote by either:
■ no vote is marked on the ballot paper (Referendum
Act, s 93(1)(b))
■ writing the word ‘yes’ on the ballot paper in ■ it has more than one vote mark on the ballot
the space provided if the voter approves the
paper (Referendum Act, s 93(1)(c))
proposed law, or
■ terms are used that convey indecision and
■ writing the word ‘no’ on the ballot paper in the
uncertainty, such as ‘not sure’, or
space provided if the voter does not approve
the proposed law.
■ a cross is used on a referendum ballot paper
which has only one question, since a cross on
The prescribed method of recording a vote in its own may mean either ‘yes’ or ‘no’.
a referendum is to use the words ‘yes’ or ‘no’
A ballot paper is not informal merely because a
written alone (i.e. without qualification). In all
ballot paper with the wrong state or territory was
cases, however, ballot papers must be admitted
issued to the voter.
where the voter’s intention is clear (Referendum
Act, s 93(8)). Words, stamps, or stickers 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.

54 Scrutineers Handbook
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

This ballot paper is formal This ballot paper is formal This ballot paper is informal
The intention of the voter is clear The intention of the voter is clear The intention of the voter is not
that they approve. that they disapprove. clear.

55 Scrutineers Handbook
Change to wording on Use of symbols and other
ballot paper languages on ballot paper
If the voter changes the wording of the If a voter marks a ballot paper with words,
referendum question, whether by adding or symbols or figures or a language other than
deleting words so that the voter’s intention English, the ballot paper can be accepted if it is
regarding the question is made unclear, then established that the voter’s intention is clear.
the vote is informal.

Example – change to wording on ballot Example – use of symbols on ballot paper


paper

This ballot paper is informal This ballot paper is informal


Change to the wording on the ballot The intention of the voter is not clear.
paper makes the voter's intention
unclear.

56 Scrutineers Handbook
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

This ballot paper is formal for both questions This ballot paper is informal for both
questions
The voter’s intention is clear having used a tick
and a cross. The voter’s intention is not clear having
used two crosses.

57 Scrutineers Handbook
Allocation of preferences
The Electoral Act
Part XVIII, ‘The scrutiny’

This chapter describes in some detail the different processes during the scrutiny for determining the
successful candidates. It will be most useful to those who are acting as scrutineers for the first time
at an election. The better your understanding of the voting system and counting procedures, the
more effective you are likely to be as a scrutineer.
As a scrutineer, you have an essential role to play in observing that all due process is followed on
behalf of your candidate until the result is declared.

Fresh scrutiny and DRO The system of counting votes for the HoR
requires a candidate to obtain an absolute
Senate count majority (more than 50 per cent of the formal
After election day, upon receipt of ballot papers votes) to be elected.
from the officers-in-charge/AROs, the DRO
Firstly, all the number ‘1’ formal first preference
conducts a fresh scrutiny, or re-check, of ballot
votes are counted for each candidate. If no
papers. This proceeds separately for the HoR
candidate has an absolute majority of first
ballot and the DRO Senate count.
preference votes, counting of votes then
More than 85 per cent of the total HoR formal proceeds as outlined below.
vote, including early votes, is counted on election
A full distribution of preferences takes place in
night. The remainder, comprising postal, absent,
every division, even where a candidate has an
provisional and early declaration votes, cannot be
absolute majority of first preference votes.
counted until after election night.
Step 1: The candidates are ranked according to
The actual scrutiny of Senate ballot papers is
how many formal first preference votes they have
done by the AEO at the CSS centre in the weeks
received in the election.
following election night. Scrutineers have the same
rights and responsibilities at the CSS as they Step 2: If no candidate has an absolute majority,
have at a HoR scrutiny undertaken by the DRO. the candidate who has received the fewest first
Scrutineers at CSS sites will also receive site- preference votes is excluded, and all the ballot
specific inductions from the site operator. papers held by that candidate are transferred
to the continuing candidates, according to the
next available preference expressed on each
House of Representatives ballot paper.

The Electoral Act, s 274 Step 3: The process of excluding the candidate
who has the fewest votes continues until a single
The system of voting used for HoR elections is candidate has an absolute majority of the votes.
a full preferential voting system. The voter must
indicate a preference for all candidates on the Step 4: The candidate who has an absolute
ballot paper. This system has been used in majority of votes is elected.
Australian federal elections since 1918.

58 Scrutineers Handbook
Example of a distribution of preferences: Division of Lowe – (2007 Federal Election)
Rerceretnam,
Marc (GRN) Murphy, John (ALP) Shailer, Bill (CDP) Tsolakis, Jim (LP)
Count Votes % Votes % Votes % Votes % Total

First 6 774 8.61 38 766 49.27 1 616 2.05 31 518 40.06 78 674
Second 230 572 EXCLUDED 814 1 616
Total 7 004 8.90 39 338 50.00 32 332 41.10 78 674

Third EXCLUDED 5 798 1 206 7 004


Total 45 136 57.37 33 538 42.63 78 674
ELECTED UNSUCCESSFUL

In cases where the distribution of preferences Tied result


is required to determine the result, this does If there is a tied result on the final count, there is
not normally occur until at least 13 days have an immediate fresh scrutiny of votes and a fresh
elapsed after election day, to allow for the scrutiny of all rejected declaration votes.
receipt of declaration votes.
If one candidate then receives an absolute
The AEO for a state or territory may, however, majority of votes, the DRO declares the result
direct a DRO to conduct a provisional scrutiny of accordingly. If not, the DRO shall give to the
preferences as part of the fresh scrutiny. Electoral Commissioner written notice that the
election cannot be decided.
Two-candidate-preferred count
The Electoral Act, ss 274(9C) and 357(1A)
The result of the full distribution of preferences
is used to calculate the two-candidate- If the fresh scrutinies confirm the deadlock,
preferred statistics. the DRO advises the Electoral Commissioner
that the election cannot be decided. The
Two-party-preferred count Electoral Commissioner must then file a petition
In divisions that do not have Australian Labor disputing the election result with the Court of
Party (ALP) and Coalition candidates as the Disputed Returns.
final two candidates, a ‘Scrutiny for Information’
is conducted to determine the two-party-
preferred result.
A ‘Scrutiny for Information’, in these cases, is
a notional distribution of preferences to find
the result of preference flows to the ALP and
Coalition candidates.

59 Scrutineers Handbook
Senate
The Electoral Act, ss 273 and 273A
A system of proportional representation is used 7. Where a transfer of ballot papers raises the
to elect six senators from each state and two number of votes obtained by a candidate up
senators from each territory in a half-Senate to the quota, that candidate is elected. No
election. The voting method used for Senate more votes are transferred to that elected
elections is an optional preferential system. At a candidate at any subsequent count.
double dissolution election, 12 Senators from 8. When all surpluses have been distributed,
each state are elected. and vacancies remain to be filled, and the
number of continuing candidates exceeds
The AEO conducts the Senate scrutiny and the the number of unfilled vacancies, exclusion
distribution of preferences by a computer process. of candidates commences.
The essential features of the Senate system are 9. To exclude a candidate can be a multi-step
as follows: process. At each step, ballot papers for a
single transfer value are dealt with, with the
1. To be elected, candidates must secure a first step dealing with ballot papers that have
quota of votes. the highest transfer value. The excluded
2. Should a candidate gain an exact quota, candidate’s ballot papers of the highest
they are declared elected, and their ballot transfer value are re-examined, and the
papers are set aside as finally dealt with. number showing a next available preference
A candidate who receives more than a quota for each continuing candidate is determined.
is said to have surplus votes. For each continuing candidate, the number
3. Should more than one candidate be elected of ballot papers is multiplied by the transfer
at the same count, the candidate with the value. The resulting numbers, ignoring any
largest surplus is said to be elected first, the fractional remainders, are added to the
candidate with the second largest surplus is continuing candidates’ respective progressive
said to be elected second, and so on. totals of votes.
4. For each candidate elected with a surplus, This will continue, working down to the
commencing with the candidate elected lowest transfer value, until all ballot papers
first, a transfer value is calculated on all their and votes for the excluded candidate have
ballot papers. been reallocated.
5. The transfer value is determined by dividing 10. Steps 4 to 9 are continued, as necessary,
the number of surplus votes received by until either all vacancies are filled or the
the candidate by the total number of ballot number of candidates continuing in the
papers received by the candidate. The result count is equal to the number of vacancies
will be a number between 0 and 1. remaining to be filled. In the latter case, the
6. All the candidate’s ballot papers are then remaining candidates are declared elected.
re-examined, and the number showing a
next available preference for each continuing
candidate is determined. For each continuing
candidate, the number of ballot papers is
multiplied by the transfer value. The resulting
numbers, ignoring any fractional remainders,
are added to the continuing candidates’
respective progressive totals of votes.

60 Scrutineers Handbook
The quota Tied result
Senate candidates must gain a quota of the The Electoral Act, s 273(17)
formal votes to be elected.
In the event candidates are tied for exclusion or
The quota is calculated by dividing the total for election, the order is determined by lot.
number of formal ballot papers by one more than
the number of vacancies, and then adding one
to the result (ignoring any remainder).

Election below quota


If two candidates remain in the scrutiny and
there is only one vacancy to fill, the continuing
candidate with the larger number of votes is
elected, even if that number is below the quota.
This can happen if the election result is so close,
and so many ballot papers have been set aside
as exhausted, that it becomes mathematically
impossible for any continuing candidate to reach
a quota.

61 Scrutineers Handbook
Appendix 1: Offences

Scrutineer offences
The Electoral Act and Referendum Act describe certain offences that relate particularly to scrutineers.

Offence Penalty Comment


Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984

s 218(1) Electoral Interfering with or attempting to Imprisonment for


Act influence any elector within the 6 months or 10
s 28(1) Referendum polling place or communicating penalty units, or
Act with any person in the polling both
place except as is necessary in
the discharge of the scrutineer’s
functions
A scrutineer who commits
such a breach, or is guilty of
misconduct or fails to obey the
lawful directions of the officer in
charge may be removed from the
polling place by the police or a
person authorised by the officer
in charge

s 218(2B) ElectoralIf present during the early Imprisonment for Applies to scrutineers
Act opening and sorting of pre-poll 6 months or 10
s 90(3) Referendum ballot papers (s.274(2AA)), penalty units, or
Act disclosing or communicating both
information that relates to those
actions to persons outside
the counting centre before the
closing of the poll.
s 323 Electoral Act Disclosing any information Imprisonment for Applies to AEC officers and
s 116 Referendum acquired concerning the vote of 6 months or 10 scrutineers
Act any elector in a manner that is penalty units, or
likely to enable identification of both
the elector

s 335 Electoral Act Exhibiting or leaving in any 5 penalty units Does not apply to official
s 126 Referendum polling place any card or paper instructions exhibited by proper
Act that directs or instructs an authority at a
elector how to vote polling place

s 341(1) Electoral Wearing or displaying a badge 10 penalty units Applies to AEC officers and
Act or emblem of a candidate or scrutineers
s 132 Referendum political party in a polling place
Act
s 348(1) Electoral Engaging in misconduct or failing 5 penalty units Applies to any early voting
Act to obey any lawful direction of centre, any polling place on
s 135 Referendum the person in charge election day or any counting
Act centre.
Applies to anyone at a polling An offender may be removed
place or counting centre by the police or anyone else
authorised by the person in
charge

62 Scrutineers Handbook
Other offences
Scrutineers, campaign workers and other supporters of candidates should also be aware of various
other acts and omissions that constitute an offence during the polling period.

Offence Penalty Comment


Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984

s 339(1)(c) Electoral Act Fraudulently doing an act that Electoral Act:


s 130(1)(b) Referendum results in the destruction or Six months
Act defacement of any nomination imprisonment.
paper or ballot paper
Referendum
Act: six months
imprisonment or
10 penalty units, or
both.
s 339(1)(d) Electoral Act Fraudulently putting any ballot Electoral Act:
s 130(1)(c) Referendum paper or other paper into the ballot Six months
Act box imprisonment.

Referendum
Act: six months
imprisonment or
10 penalty units, or
both.
s 339(1)(e) Electoral Act Fraudulently taking any ballot paper Electoral Act:
s 130(1)(d) Referendum out of any polling place or counting Six months
Act centre imprisonment.

Referendum
Act: six months
imprisonment or
10 penalty units, or
both.
s 339(1)(g) Electoral Act Supplying ballot papers without Electoral Act:
s 130(1)(f) Referendum authority Six months
Act imprisonment.

Referendum
Act: six months
imprisonment or
10 penalty units, or
both.
s 339(1)(h) Electoral Act Doing an act that results in the Electoral Act:
s 130(1)(g) Referendum unlawful destruction of, taking of, Six months
Act opening of, or interference with, imprisonment.
ballot boxes or ballot papers
Referendum
Act: six months
imprisonment
or10 penalty
units, or both.

s 339(1A) Electoral Act Voting more than once in the 10 penalty units.
s 130 (1A) Referendum same election
Act
s 339(1C) Electoral Act Intentionally voting more than 60 penalty units
s 130(1C) Referendum once in the same election or 12 months
Act imprisonment

63 Scrutineers Handbook
s 339(2) Electoral Act Engaging in any act that results in 5 penalty units
s130(2) Referendum the defacement, mutilation,
Act destruction or removal of any
notice, list or other document
affixed by, or by the authority of, any
DRO

64 Scrutineers Handbook
Polling place offences
The following acts are prohibited within six metres of the entrance of a polling place, early voting
centre or a mobile polling team. These provisions apply to candidates, campaign workers,
scrutineers, and candidates’ representatives.
When a building used as a polling place is situated in enclosed grounds and the DRO has authorised
the officer in charge to display a notice signed by the DRO at each entrance stating that the grounds are
part of the polling place, those grounds are considered to be part of the polling place for the purposes of
these offences.

Offence Penalty Comment


Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984

s.340(1)(a) Electoral Canvassing for votes 5 penalty units Consequently, campaign


Act workers and supporters must
s.131 Referendum only hand out how-to-vote
Act cards to electors outside the
six-metre limit from the
designated entrance to any
polling location

s.340(1)(b) Electoral Soliciting the vote of any elector 5 penalty units


Act
s.131 Referendum
Act
s.340(1)(c) Electoral Inducing an elector not to vote for a 5 penalty units
Act particular candidate
s.131 Referendum
Act
s.340(1)(d) Electoral Inducing an elector not to vote at 5 penalty units
Act the election
s.131 Referendum
Act
s.340(1)(e) Electoral Exhibiting any notice or sign (other 5 penalty units
Act than an official notice) relating to the
s.131 Referendum election
Act

These acts are also prohibited if they involve broadcasting by electronic equipment and are clearly
audible within six metres of the entrance to a polling place or early voting centre.
For example, a person who is using a loudspeaker or radio equipment attached to a car to solicit for
votes will breach the provision if the car drives past a polling place and the loudspeaker broadcast can
be heard at the polling place entrance even if the road is 20 metres away from the polling place.
A person found guilty of this offence can be fined up to 5 penalty units.

Offences under crime legislation


There are also offence provisions in the Criminal Code Act 1995 Cth (Criminal Code) and the Crimes Act
1914 (Cth) that are relevant to the election and referendum processes. These include forgery (Criminal
Code, Part 7.7), false or misleading statements (Criminal Code, Part 7.4) and unlawful destruction of
Commonwealth property (Crimes Act, s.29).

65 Scrutineers Handbook
Appendix 2: Postal voting

Eligibility ■ on polling day, the elector is in prison serving


a sentence of less than three years or
The Electoral Act, s 183 and Schedule 2; the otherwise under detention (please note that
Referendum Act, s 54 and Schedule 3 not all people in prison or under detention are
The Acts state that an elector is entitled to apply eligible to vote)
for a postal vote if: ■ the elector’s address has been excluded from
the roll (silent elector)
■ throughout the hours of polling on polling day,
the elector will be absent from the electoral
■ throughout the hours of polling on polling
division for which the elector is enrolled day, the elector will be engaged in their
employment or occupation, and
■ the elector will not, at any time during the
— if the elector is an employee, the elector is
hours of polling on polling day, be within eight
not entitled to leave of absence, and
(8) kilometres by the nearest practicable route
of any polling place in the state or territory for — in any other case, the absence of the
which the elector is enrolled elector for the purpose of attending a
■ throughout the hours of polling on polling day, polling place to vote would likely to cause
the elector will be travelling under conditions loss to the person in their occupation.
that will prevent the elector attending a polling
place in the state or territory for which the
elector is enrolled Application
■ the elector will be unable to attend a polling The Electoral Act, s 184; the Referendum Act, s
place on polling day because of: 55
— serious illness An application for a postal vote can be made
— infirmity online through the AEC’s Postal Voting
— approaching childbirth Application or via a paper form and must:
— a reasonable fear for their personal ■ contain a declaration by the applicant that
wellbeing or safety they are an elector entitled to apply for a
■ on polling day, the elector will be unable to postal vote, and
attend a polling place because the elector will ■ be made after the issue of the writ for the
be at a place (other than a hospital) caring for election or referendum or the public
a person who is seriously ill or infirm or who is announcement of the proposed date of the
expected shortly to give birth election, whichever is the earlier, and before
■ throughout the hours of polling on polling 6pm on the Wednesday before polling day.
day, the elector will be a patient at a hospital
and unable to vote at the hospital
■ because of the elector’s religious beliefs or
membership of a religious order, the elector:
— is precluded from attending a polling place,
or
— for the greater part of the hours of
polling on polling day, is precluded from
attending a polling place

66 Scrutineers Handbook
Completion and return Postal voting arrangements
The Electoral Act, s 194; the Referendum Act, and deadlines
s 65
The following conditions apply:
On receipt of the postal vote material, which ■ For postal vote applications received up to
comprises a postal vote certificate and postal and including 6pm on the Friday eight days
ballot papers, the elector should substantially before polling day, the AEC is to dispatch
observe the requirement to: postal voting material to the applicant by post
■ show the unmarked ballot papers and or other appropriate (non-electronic) means.
unsigned postal vote certificate to an For applications received in this period, the
authorised witness applicant may also request another means
of delivery (non-electronic). If these means
■ sign the postal vote certificate in the presence
are reasonable and practicable, the AEC is
of the authorised witness
required to dispatch the postal voting material
■ have the authorised witness sign, date, and by those means.
indicate the capacity in which the witness acts ■ The AEC is to dispatch postal voting material
on the postal vote certificate
by the most reasonable and practicable
■ cast a vote in the presence of the authorised means for applications received after 6pm on
witness, but so that the authorised witness the Friday eight days before polling day and
cannot see the vote up to and including 6pm on the Wednesday
■ post or deliver the sealed envelope to the before polling day.
appropriate DRO. ■ The AEC will not be required to post or deliver
Postal vote envelopes containing the ballot postal vote material to those electors whose
papers need to be received by the AEC on or applications for postal votes were received after
before 13 days after polling day. The postal vote 6pm on the Wednesday prior to polling day.
must be completed by 6pm on polling day and
can be posted or delivered within the 13 day
timeframe to: Registered general postal
■ any DRO voters
■ an early voting officer Electors who are registered general postal voters
■ any polling place on polling day before the will automatically be sent a postal vote certificate
close of the poll; or and postal ballot papers as soon as they
■ a person who is at an office of the AEC and become available after an election or referendum
who is either: is called.
— the Electoral Commissioner, Deputy As ballot papers for an election cannot be
Electoral Commissioner or AEO printed until after nominations have been
— a person employed under Division 4 of finalised, there is at least a two-week period after
Part II of the Electoral Act the issue of the writ before ballot papers can be
— a member of the staff of the AEC who is distributed.
engaged under the Public Service Act
In practical terms this means that the first
1999 as an ongoing Australian Public
Service employee, or dispatch of postal ballot papers to any postal
voter is not possible until the 3rd day following
— employed under section 35(1)(b) of the
Electoral Act. declaration of nominations (See Appendix 3).
An elector may also apply to be registered as
a general postal voter if one of the grounds
specified in section 184A of the Electoral Act
applies.

67 Scrutineers Handbook
Appendix 3: Additional information available
to scrutineers
The AEC produces a range of publications for scrutineers, candidates and other participants in
elections and referendums in addition to the Scrutineers Handbook.

Some of the information materials available are: Other official material


■ Candidates Handbook: information for
All relevant official electoral forms can be
candidates in the election
obtained from the AEC website.
■ Electoral Pocketbook: a quick reference guide
to the last federal election
■ Nominations Guide for Candidates: a quick
reference guide for prospective candidates
■ Ballot Paper Formality Guidelines:
detailed information on how electoral
officials determine formality of ballot
papers
■ Electoral Backgrounders: backgrounders
discuss particular issues in the electoral
process
■ Funding and Disclosure Guides: separate
guides for candidates, political parties and
donors.
Other information materials will be available
during election and referendum campaigns.
A copy of the Scrutineers Handbook is available
on the AEC website.
General information on a range of topics is
available by visiting the AEC website, from all
AEC offices, or by phoning 13 23 26.

68 Scrutineers Handbook
Glossary

Term Description

Assistant Returning The officer in charge of each polling place is officially called the ‘presiding officer’
Officer (ARO) during polling but is called the ARO during the scrutiny (see also ‘Officer in charge’).

Australian Electoral The independent statutory authority established in 1984 to maintain and update the
Commission (AEC) Commonwealth electoral roll, raise public awareness and conduct federal elections
and referendums.

Australian Electoral The AEC’s chief manager in each state and the Northern Territory. An AEO for the
Officer (AEO) Australian Capital Territory is only appointed for each election period. The AEO is the
returning officer for the Senate in their state or territory.

By-election A by-election is held whenever a vacancy occurs in the House of Representatives. A


supplementary election must be held if a candidate for a House of Representatives
election dies in the period between close of nominations and election day.

Candidate A person standing for election to the Senate or House of Representatives.

Certified list of voters The official electoral roll used to mark off electors’ names. Polling officials place a
mark against an elector’s name when the elector is issued with a ballot paper at a
polling place, or where appropriate during early voting, to indicate that the elector has
voted. The certified list can be in paper or electronic format.

Close of rolls period The roll closes on the seventh day after the issue of the writ.

Commonwealth The legislation governing the Commonwealth electoral process. Referred to as ‘the
Electoral Act 1918 Electoral Act’ in this handbook.

Constitution Commonwealth of Australia Constitution Act

Counting centre Any site at which a scrutiny or counting of votes is to be, or is being, conducted.

Court of Disputed A candidate, an elector or the AEC may dispute the validity of an election or return by
Returns a petition to the High Court sitting as the Court of Disputed Returns. The court has
wide powers to resolve the matter.

Declaration vote A declaration vote is recorded by a voter whose entitlement to vote cannot be
confirmed at the place of voting. The voter makes a signed declaration on an
envelope and then puts their completed ballot papers inside. These votes are
counted after polling day if the voter’s entitlement to vote is verified using the
information provided on the declaration envelope.

Divisions (electorates) For representation in the House of Representatives, Australia is divided into Electoral
Divisions. The number of these divisions is determined by population. To ensure
equal representation, the boundaries of these divisions have to be redrawn or
redistributed periodically. (For representation in the Senate, each state and territory is
one electorate. All states are multi-member electorates and have the same number of
Senators. Territory representation is determined by the federal parliament).

Divisional Returning The AEC officer responsible for conducting the election in each division. The DROs
Officer (DRO) are the returning officers for the House of Representatives in their divisions and are
also responsible for electoral administration within that division, in particular, the
maintenance of the electoral roll, providing information sessions to schools and
community groups and preparations for the next election.

69 Scrutineers Handbook
Term Description

DRO Senate count The DRO Senate count is a:


■ count of the ballot papers counted in polling places on polling night, or
■ a first (initial) count of any Senate ballot papers received by the DRO in a ballot
box.

Early vote A postal vote or a vote cast at an early voting centre or via a mobile polling team in
the lead-up to polling day. They are cast by electors who will not be able to get to a
polling place on polling day.

Election Management The AEC system which centrally calculates election results, displays those results and
System is the interface to the Tally Room on the AEC website.

Electoral and Regulations that support the operation of the Act.


Referendum
Regulation 2016

Electoral The person nominated as the electoral commissioner in accordance with section 18
Commissioner of the Electoral Act.

Financial disclosure A document detailing information on the receipts and expenditure of participants in
return the political process. There are specific return forms for candidates, their donors and
political parties. Financial disclosure return forms for candidates are made public 24
weeks after polling day.

Formal A ballot paper is generally considered formal if it is filled out correctly in accordance
with the Act and the instructions on the ballot paper. It is therefore included in the
scrutiny.

Fresh scrutiny A re-check of votes cast in a House of Representatives election or referendum,


conducted by the DRO in the days following polling day.

How-to-vote cards Cards provided to voters by candidates or campaigns showing how a group, party or
candidate would like voters to fill in their ballot papers.

Informal A ballot paper is generally considered informal if it is not filled out correctly in
accordance with the Electoral Act or Referendum Act and the instructions on the
ballot paper. It cannot therefore be included in the scrutiny.

Issuing officer Polling officials who issue ordinary ballot papers to electors whose names are found
on the certified list of voters, mark the certified list, complete the account of ballot
papers and assist with the count of ballot papers after the close of poll.

Issuing point The part of the polling place where ballot papers are issued to electors.

Mobile polling team A team of polling officials who bring the polling to the elector. They visit electors in
locations including nursing homes, prisons and remote locations to enable them to
vote.

Nomination form The official form which must be used by a candidate nominating for election.

Officer in charge (OIC) The officer who is in charge at a polling place. They are called ‘presiding officers’
during polling (8am to 6pm). From 6pm, during the scrutiny, they are called the
Assistant Returning Officer (ARO).

70 Scrutineers Handbook
Term Description

Ordinary vote An ordinary vote is recorded by an elector whose entitlement to vote is verified at the
place of polling and whose name is marked off on a certified list of voters. Ordinary
votes may be cast on, or in certain circumstances, before polling day. These votes are
counted on polling day after the close of polling.

Polling official There are two categories of polling officials, those who are required to work in the
period before polling day to assist with mobile and early voting, and those who are
required to work in a polling place on polling day only.

Polling place A place appointed to take the votes of electors on polling day.

Postal Vote Certificate The certificate specific to postal voting on which the voter declares their entitlement to
vote, inserted inside the return envelope provided by the AEC.

Preferential voting (full A system of voting in which the voter completes the ballot paper by putting the
and optional) number ‘1’ in the box next to the candidate who is their first choice, the number
‘2’ in the box next to their second choice, and so on until every box is numbered.
This is called Full Preferential Voting and is the method used in the House of
Representatives.
Preferential voting systems can also operate with further rules/minimum thresholds.
This is the method of voting in a Senate election, where the voter completes the
ballot paper above the line by putting the number ‘1’ in the box next to the group of
candidates who is their first choice, the number ‘2’ in the box next to their second
choice, and so on up to at least 6. Below the line voting is for individual candidates
and the voter must preference at least 12 candidates. The voter can indicate further
preferences if they so wish.

Proportional The term used that describes a group of electoral systems used to elect candidates
representation in multi-member electorates. In such systems parties, groups and independent
candidates are elected to the parliament in proportion to their support in the
electorate.

Provisional votes Votes cast at a polling place where the elector’s name cannot be found on the
certified list, or where the elector’s name has been marked off the certified list as
having voted, or where the elector has silent enrolment, or where, after questioning,
the elector has failed to satisfy the OIC that they are a particular person on the
certified list.

Quota To be elected to the Senate, a candidate needs to gain a quota or proportion of votes.
The quota is determined by dividing the total number of formal ballot papers in the
state or territory by one more than the number of Senators to be elected and adding
‘one’ to the result.

Referendum A vote to consider a proposal to alter the Australian Constitution. The Constitution can
only be altered by a ‘double majority’ – a national majority of electors from all states
and a majority of electors in a majority of states passing the proposed amendments.

Referendum Act Referendum (Machinery Provisions) Act 1984

Registered officer A person nominated by a registered political party to be the registered officer for the
purposes of the Act.

Registered political A party registered with the AEC under Part XI of the Electoral Act.
party

71 Scrutineers Handbook
Term Description

Scrutineers People appointed by candidates (or other appointers for a referendum) to be their
representatives at polling places, or at any place at which the scrutiny of votes is
being conducted. Scrutineers have the right to be present when the ballot boxes are
sealed and opened and when the votes are sorted and counted so that they may
check any possible irregularities, but they may not touch any ballot paper.

Scrutiny The counting of votes, which leads to the result.

Silent elector An elector who has applied to have their address not appear on the roll for reasons of
personal safety or safety of their family members.

Surplus votes The number of votes in excess of the quota required to be elected in Senate
elections.

Transfer value A fractional number between 0 and 1 that is calculated and applied as part of the
Senate voting system.

Tally Room (TR) A website results system, which provides election and referendum information and
results in a user-friendly format.

Two-candidate- These figures show where preferences have been distributed to the likely final two
preferred candidates in a House of Representatives election.

Two-party-preferred These figures indicate results where HoR preferences have been distributed to the
major sides of politics – the Australian Labor Party (ALP) and the Liberal and National
Party Coalition. In most cases two-candidate-preferred and two-party-preferred are
the same because the final two candidates are ALP and the Liberal and National Party
Coalition. In an electorate held by an independent or another party, the counts will
differ.

‘Vote saving’ ‘Vote saving’ provisions at sections 268A and 269 of the Electoral Act allow some
provisions Senate votes that have not been marked in accordance with voting instructions in
section 239 of the Electoral Act to still be included in the count.

Writ In an electoral context, a writ is a document which commands an electoral officer to


hold an election or referendum and contains dates for the close of rolls, the close of
nominations, the day of voting and the return of the writ. The issue of the writ triggers
the election or referendum process.

72 Scrutineers Handbook

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