See my notes below,
116—Published material to identify person responsible for political content
(1) A person must not, during an election period, publish material consisting of, or
containing a commentary on, any candidate or political party, or the issues being
submitted to electors, in written form, in a journal published in electronic form on the
Internet or by radio or television or broadcast on the Internet, unless the material or
the programme in which the material is presented contains a statement of the name
and address (not being a post office box) of a person who takes responsibility for the
publication of the material.
(a) if the offender is a natural person—$1 250;
(b) if the offender is a body corporate—$5 000
8—Powers and functions of the Electoral Commissioner
(1) The Electoral Commissioner—
(a) is responsible to the Minister for the administration of this Act;
(b) is responsible for the proper conduct of elections in accordance with this Act;
(c) is responsible for the carrying out of appropriate programmes of publicity and
public education in order to ensure that the public is adequately informed of
their democratic rights and obligations under this Act;
76—Marking of votes on ballot papers
(1) In a Legislative Council election a voter must mark his or her vote on the ballot paper
(a) by placing the number 1 in the square opposite the name of the candidate for
whom he or she votes as his or her first preference, and consecutive numbers
in the squares opposite the names of the remaining candidates so as to
indicate the order of preference for all candidates; or
(b) if the ballot paper contains a voting ticket square—by placing the number 1 in
(2) In a House of Assembly election, a voter must mark his or her vote on the ballot paper
by placing the number 1 in the square opposite the name of the candidate for whom he
or she votes as his or her first preference, and consecutive numbers in the squares
opposite the names of the remaining candidates so as to indicate the order of
preference for all candidates.
(3) For the purposes of this Act, where a voter places a tick or a cross on a ballot paper,
the tick or cross will be taken to be equivalent to the number 1.
96--- (6) Where—
(a) a ballot paper has not been marked by a voter in the manner required by this
(b) despite that fact, the voter's intention is clear,
the ballot paper is not informal and will be counted as if the voter's intention had been
properly expressed in the manner required by this Act.
NOTES BY Mark below
96---(6) so does that mean that if I only preference those of my free choice, with out adherence to the full preferential system, and by my markings, my intention is clear?
Where the truth is they will enable such a vote to be changed by their idea of my intention?
There fore they can guess my intention beyond how I mark my ballot!
Section 116 is now part of the electoral act, but our Minister for justice, has said he will allow the new law to be ignored, funnily enough the Electoral commissioner as part of her expected performance is supposed to enforce the act as it is written 8(1)(b), So it seems the Attorney as Minister for Justice can manipulate the electoral act to suit his own interests?
The fact is the Parliament do use their powers to create an act that includes structural biases in their favor, but now they go as far as ignorance of their own written law when it suits them. Yet the people it is meant to serve and protect are left disenfranchised.
I have left out the 2 party preferred counting rip off, so as not to over confuse the issues, the UN Declaration of Human and Civil rights, the Human Rights and Equal Opportunity act, and the Constitution et al, support FREE Choice of the electorate, Yet the act demands you preference those you do not know or even oppose, and the awarding of the franchise should protect our vote and that it is counted in such a way that it is not used to defeat the franchise, HHmmmmmm buggered either way.
One last point, if the electoral guide arrives in your letterbox, which it will, and it says not to use ticks and crosses or your vote will not count, which it will, and you mark a ballot paper with a tick or a cross, what would be your intention?
I put to you your intention would be an informal vote, i.e.; your vote will not count, funny thing is, the scrutineer’s do count such votes, so if the electoral commissioner under the above section 8(c) in the performance of her role is supposed to ensure you fully understand your rights and obligations, has she failed?
I dare not touch on the words of our high court chief justice in which he stated “If change be necessary it must be by the will of an informed electorate” as not one person in this Act, is responsible to ensure that you are, who am I you might ask, as a candidate for your vote, you damn well should know.
Mark M Aldridge
Independent Candidate for the legislative Council
“Change is Necessary”
08 82847482 / 0403379500