150 Form of ballot papers

(1)

Subject to subsection (18), the ballot papers to be used at any election shall be in form 11.

(2)

Forthwith after nomination day for an election, the Electoral Commission must cause ballot papers to be printed in sufficient numbers for the election.

(3)

Subject to subsection (4), each ballot paper in form 11 shall comprise 2 votes, namely, a party vote and an electorate vote.

(4)

If only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148, the part of the ballot paper that relates to the electorate vote shall not be printed and the ballot paper shall thereafter be treated as if it comprised only the party vote.

(5)

If more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section).

(6)

On the part of the ballot paper relating to the electorate vote—

(a)

the names of the constituency candidates shall be arranged alphabetically in order of their surnames:

(b)

the other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname:

(c)

the surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type:

(d)

the name of the political party of the constituency candidate, if any,—

(i)

shall be shown immediately below the candidate’s name; and

(ii)

shall be in characters that are smaller than those used for the surname of the constituency candidate; and

(iii)

shall not be in bold type:

(e)

such other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown.

(7)

A constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates.

(8)

No constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word “INDEPENDENT”, without further qualification or addition, shown on the ballot paper immediately below that candidate’s name.

(9)

On the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 (not being a political party that has submitted a list that has been rejected under section 128) shall be shown.

(10)

The names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that—

(a)

where the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and

(b)

where the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote.

(11)

Subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party.

(12)

On the part of the ballot paper that relates to the party vote,—

(a)

a circle shall be shown on the ballot paper to the right of the name of each political party; and

(b)

the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission for inclusion on the ballot paper, shall be shown to the left of the name of the political party.

(13)

On the part of the ballot paper that relates to the electorate vote,—

(a)

a circle shall be shown on the ballot paper to the left of each candidate’s name; and

(b)

the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission in accordance with subsections (7) and (8) of section 127 or in accordance with subsections (4) and (5) of section 146E for inclusion on the ballot paper, shall be shown to the right of the name of the candidate.

(14)

Every ballot paper shall have a counterfoil in form 13.

(15)

There shall also be printed (in a form that is readable either with or without the aid of technology)

(a)

on the ballot paper; and

(b)

in the space provided in the counterfoil attached to the ballot paper,—

a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number.

(16)

Where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the Electoral Commission must decide the question.

(17)

At any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply.

(18)

Every ballot paper used at a by-election shall be in form 12.

(19)

Where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the Electoral Commission may abbreviate the name or names to be shown in such manner as will enable them to fit on the ballot paper.

Section 150: substituted, on 6 December 1995, by section 41 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 150(2): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(12)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(13)(b): amended, on 21 March 2017, by section 75 of the Electoral Amendment Act 2017 (2017 No 9).

Section 150(13)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(13)(b): amended, on 28 February 2002, by section 60(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 150(15): amended, on 28 February 2002, by section 60(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 150(16): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(19): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).