Division 5 Miscellaneous

316   Position on ballot-paper

The order of candidates’ names on ballot-papers is to be determined by a ballot conducted as prescribed by the regulations.

317   Validity of elections

(1)  An election is not invalid just because:

(a)  there was a formal defect or error in or relating to the election, if the election was held substantially in accordance with this Act, or

(b)  there was a defect in the appointment of the returning officer, or

(c)  the time for closing the poll for postal voting was extended with the approval of the Electoral Commissioner or returning officer conducting the election, or

(d)  on polling day the name of a political party, or the abbreviation of that name, as registered in the Local Government Register of Political Parties appears printed adjacent to the name of a candidate on the ballot-papers for the election, but between the time the candidate was endorsed by the party and the polling day the candidate has ceased to be so endorsed.

(2)  A proclamation of the Governor to the effect that a specified irregularity does not invalidate an election is conclusive as to the matter stated in the proclamation.

318   Lapsed or void election

(1)  If an election for a civic office is not held when it is due, fails or is later declared void:

(a)  the holder of the civic office at the time when the election should have been held or when the election failed (or, in the case of a void election, if there is no such holder, the candidate purporting to have been elected at the void election), holds the office as if duly elected until an election is held under paragraph (b), and

(b)  the returning officer is to hold another election as if a casual vacancy had occurred in the civic office.

(2)  An election held for the purposes of this section is as valid as it would have been if it had been held at the time originally appointed for the purpose.