Kane v McClelland [1962] HCA 26

Kane v McClelland [1962] HCA 26

Ballot-papers not strictly complying with statutory requirements for numbering, in such a manner that the voter's intention is not unmistakably indicated, are informal and must not be counted as formal for purposes of Senate election scrutiny.

Jurisdiction
Australia
Procedural Posture
Election Petition / Reference to Full Court—determination of Question of Law
Outcome
Question referred to the Full Court answered No.
Legal Topics
['senate Election' 'ballot Paper Formality' 'informal Ballot Papers']
['electoral Law'] ['senate Election' 'ballot Paper Formality' 'informal Ballot Papers']

Case Brief

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Procedural Posture

Election Petition / Reference to Full Court—determination of Question of Law

Legal Issues

  1. 1 ['Whether certain classes of ballot-papers rejected as informal should have been counted as formal in ascertaining the result of the polling at the election']

Ratio Decidendi

Ballot-papers not strictly complying with statutory requirements for numbering, in such a manner that the voter's intention is not unmistakably indicated, are informal and must not be counted as formal for purposes of Senate election scrutiny.

Court Disposition

Question referred to the Full Court answered No.

Orders

  • ['Costs of the reference to be dealt with by the Judge disposing of the petition']