Clive Palmer says a tick should not be treated the same way as an “X” on a ballot paper,
A Federal Court judge was wrong to rule that a tick should not be treated the same way as an “X” on a ballot paper, an emergency challenge to the Indigenous Voice referendum by mining billionaire Clive Palmer was told on Monday.
He cited the 1962 case of Kane v McClelland, in which the court ruled ballot papers that had been incorrectly numbered should be rejected as informal. Voters had been asked to fill out their choices for the 1961 Senate election from one to 25, but some had chosen to avoid the number 13 or started with another number.
“A tick written alone when there is a binary question in a single box does not approach that level of indisputable, or unmistakeable clarity.Mr Livingston said the AEC had argued for a slightly lower standard; that when it came to a voter’s intention it was a question of what was “rational or objectively probable, or a matter of common sense”.
“Of course, it can also signify that someone is saying No, so that’s why the commissioner treats it as informal.”Advertisement
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