Bryant, Joseph Richard v Commonwealth of Australia [1998] FCA 1242

Bryant, Joseph Richard v Commonwealth of Australia [1998] FCA 1242

Under the amended Commonwealth Electoral Act 1918, a ballot paper that does not express an order of preference for all candidates, as required by s 240(2) and s 268(1)(c), is informal. Langer-style voting—repeating a number for remaining candidates—does not satisfy this requirement and is thus informal.

Jurisdiction
Australia
Judgment Date
30 September 1998
Procedural Posture
Interlocutory Application / Dismissal of Summons for Interlocutory Relief
Outcome
Application for interlocutory relief dismissed
Legal Topics
['informal Votes' 'langer Style Voting' 'interpretation of Electoral Legislation']
['election Law' 'constitutional Law'] ['informal Votes' 'langer Style Voting' 'interpretation of Electoral Legislation']

Case Brief

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Procedural Posture

Interlocutory Application / Dismissal of Summons for Interlocutory Relief

Legal Issues

  1. 1 ["Whether 'Langer-style' votes are informal under the current Commonwealth Electoral Act 1918."]

Ratio Decidendi

Under the amended Commonwealth Electoral Act 1918, a ballot paper that does not express an order of preference for all candidates, as required by s 240(2) and s 268(1)(c), is informal. Langer-style voting—repeating a number for remaining candidates—does not satisfy this requirement and is thus informal.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['The summons be dismissed.' 'The applicant, Joseph Richard Bryant, pay the costs of the respondent, the Commonwealth of Australia, to that application.']