Chanter v Blackwood [1904] HCA 2

Chanter v Blackwood [1904] HCA 2

The provisions of Part XI of the Commonwealth Electoral Act 1902 requiring the cross to be placed within a square are directory and not mandatory, and substantial compliance is sufficient. Votes where the cross is placed substantially opposite the candidate's name are valid. Mere striking out of the name of an opposing candidate does not of itself render the ballot-paper informal, unless it enables identification of the voter. Votes cast by writing the name of the candidate on a blank ballot-paper, except in the case of postal voting, are informal and invalid. The Court does not have jurisdiction to avoid an election on the ground of a single act of bribery or illegal practice unless it...

Parties
Petitioner: John Moore Chanter; Respondent: Robert Officer Blackwood
Jurisdiction
Australia
Judgment Date
10 March 1904
Procedural Posture
Election Petition / Reference From Court of Disputed Returns
Outcome
Mixed outcomes on reference; answers provided to reserved questions.
Legal Topics
Formality and Informality of Ballot Papers, Electoral Practices, Bribery and Undue Influence, Scrutiny of Votes
Electoral Law Constitutional Law Formality and Informality of Ballot Papers Electoral Practices Bribery and Undue Influence Scrutiny of Votes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

John Moore Chanter

Petitioner

Robert Officer Blackwood

Respondent

Procedural Posture

Election Petition / Reference From Court of Disputed Returns

Legal Issues

  1. 1 Are provisions regarding marking a cross in a square on ballot-papers mandatory or directory under the Commonwealth Electoral Act 1902?
  2. 2 Is striking out the name of a candidate on a ballot-paper sufficient to render it informal?
  3. 3 Are votes cast by writing the name of a candidate valid?

Ratio Decidendi

The provisions of Part XI of the Commonwealth Electoral Act 1902 requiring the cross to be placed within a square are directory and not mandatory, and substantial compliance is sufficient. Votes where the cross is placed substantially opposite the candidate's name are valid. Mere striking out of the name of an opposing candidate does not of itself render the ballot-paper informal, unless it enables identification of the voter. Votes cast by writing the name of the candidate on a blank ballot-paper, except in the case of postal voting, are informal and invalid. The Court does not have jurisdiction to avoid an election on the ground of a single act of bribery or illegal practice unless it...

Court Disposition

Mixed outcomes on reference; answers provided to reserved questions.

Orders

  • Both parties having partly succeeded, there will be no costs of the reference.