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•
the count supervisor, for pre-poll and mobile counts on pol ing night
•
the Divisional Returning Of icer, during fresh scrutiny
•
the Australian Electoral Of icer, for recounts.
6. Staff are instructed to refer to the Ballot Paper Formality Guidelines when making decisions
on formality. This document is publicly available on the AEC website, and relevant sections
are replicated in the Scrutineers Handbook and Election Procedures Handbook (for polling
staff). The guidelines list the principles to be applied when making formality decisions, along
with some specific examples of formal and informal ballot papers.
7. The guidelines state:
If a voter marks a ballot paper with words, symbols or figures or a language other than
English, the ballot paper can be accepted if it is established that the voter’s intention is
clear to the DRO as the decision maker.
s 42(1)
8. Training materials include:
•
Divisional Returning Of icers and other identified staff undertake the Operational
Leaders Program (OLP). As part of this training, staff complete training exercises
covering ballot paper formality including practical simulations using examples of
formal and informal ballot papers.
•
Polling staff complete mandatory training including content on ballot paper formality,
with examples of formal and informal ballot papers.
•
Count supervisors complete online training and receive a briefing, both of which
include content on ballot paper formality.
•
Standard operating procedures, election procedures handbooks, task briefings and
staff briefs include instructions for staff to apply the Ballot Paper Formality Guidelines.
9. Education and communication materials include:
•
Campaign advertisements and website content which say “To vote, write either ‘Yes’
or ‘No’ inside the box on your ballot paper”.
•
Translated fact sheets which include the additional line “Your answer should be
written in English”.
•
A “Practise voting – Referendum” tool on the AEC’s website that allows voters to
submit an answer to a referendum ballot paper and see if it wil result in a formal vote.
•
Media talking points (delivered by an AEC spokesperson) including:
– voting instructions for a referendum are to write either ‘yes’ or ‘no’ in English
in the box opposite the question
– s 22
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25 July 2023
Cleared by:
Tania Wilson, AC Service Design and Foundations
28 July 2023
Cleared by ELT:
Kath Gleeson, FAC and NEM
Select date
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5.
6.
7.
8.
s 22
9.
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10.
As for (h), the content of the affirmative statement and its juxtaposition to the ‘X’ in the box would be
significant to determining the formality of the ballot paper. If the affirmative statement made it clear
that the ‘X’ in the box was intended to convey approval for the constitutional alteration, the ballot
would likely be formal.
s 22
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