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electoral_legislation_queensland

Questions about electoral legislation in Queensland

The Legislation

If you don't ask for a voting paper

“Subdivision 1 Ordinary voting 107 Procedure for voting (1) An elector is to vote by following the procedures set out in this section unless the elector— ….

(3) In the polling booth, the elector must ask the issuing officer for a ballot paper for the electoral district.”

in all the times I have ever voted at a polling Booth I don't think I've ever asked the issuing officer for a ballot paper. I'm also not aware of anyone else that ASKED for a ballot paper.

notice the wording in the section says that the elector MUST ask for a ballot paper. not should or optionally can or whatever wording to say that it's not necessary to ask for a voting paper.

MUST is a pretty powerful word

the term “must ask” is only used twice in the act. in this section and in the section for pre-polling. section 112. so there is no other part of the act which would excuse voters from asking for a ballot paper.

does this mean that all the times that electors do not ask for a ballot paper that those are invalid votes because it's not been done according to the wording of the electoral Act? therefore those votes are invalid? meaning that the majority of votes are invalid?

does that mean all previous Queensland elections results are invalid?

Without Delay

“(10) On being given the ballot paper, the elector must, without delay— (a) go alone to an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with section 122; and

© fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and (d) leave the polling booth.”

this poses many questions.

  1. - what is considered a delay?
  2. - what if the voter walks out without putting the ballot paper in the box?
  3. - what are done with blank ballot papers that end up in the box?
  4. - other than the procedure itself what is there to stop counters or scrutineers completing blank ballot papers that end up in the box?
  5. - what happens if a voter does not go alone to a voting compartment?
  6. - what happens if somebody is watching a voter marking ther paper? that is it's not private?
  7. - what happens if the voter does not fold the ballot paper to conceal the vote ?
  8. - what happens if the voter does not put the ballot paper in the box?
  9. - what happens if the voter destroys the voting paper?
  10. - what checks are there that a voter does not put more than one ballot paper in the box?
  11. - what happens if the voter does not leave the polling booth?

in relation to the above section questions, does this mean only that particular vote is informal or the whole electorate vote is invalid?

electoral_legislation_queensland.txt · Last modified: 2020/09/29 06:06 by geoff