40. Poll by ballot and ballot papers

Amended

Last amended by an amending law of 2018.

(1)

In the case of a poll at an election not using a DRE voting system, the votes must be given by ballot, and the ballot of each voter must consist of a paper (called in this Act a ballot paper).

(2)

Every ballot paper must contain —

(a)

a list of the candidates in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more candidates with the same surname, of their other names; (b)the symbol allotted to each candidate; and

(c)

a clearly demarcated area within which a voter must mark his or her vote for a candidate.

(2A)

Subsection (2) does not apply to any election in any group representation constituency.

(3)

In respect of any group representation constituency, every ballot paper must contain —

(a)

a list of the candidates in each group in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames and, if there are 2 or more candidates with the same surname, of their other names;

(aa)

a list of the groups of candidates, arranged alphabetically in English in the order of the surname of the first candidate in each group and, if 2 or more of such candidates have the same surname, of their other names;

(b)

the symbol allotted to each group; and

(c)

a clearly demarcated area within which a voter must mark his or her vote for a group of candidates.

(3A)

Every ballot paper must be in the appropriate Form 12 in the First Schedule and must be capable of being folded.

(4)

Each ballot paper must have a number printed on the back and must have attached a counterfoil with the same number printed on the face.

(5)

The official mark for the authentication of ballot papers must comprise a pattern, design, watermark or logo approved by the Returning Officer which must be affixed, stamped, overprinted or marked (by writing or otherwise), or any combination thereof, on the ballot paper in a particular manner approved by the Returning Officer.