Maloney v McEacharn [1904] HCA 3

Maloney v McEacharn [1904] HCA 3

Attestation of postal vote application by specified persons in Form K is a mandatory condition for validity under the Commonwealth Electoral Act 1902, and absent elector votes given by merely writing one candidate's name without marking a cross and including all candidates must be rejected.

Parties
Petitioner: William Maloney; Respondent: Sir Malcolm Donald McEacharn
Jurisdiction
Australia
Judgment Date
10 March 1904
Procedural Posture
Election Petition / Reference to Full Court for Determination of Questions of Law
Outcome
Questions referred to Full Court answered; votes not complying with attestation or ballot-paper conditions held invalid.
Legal Topics
Postal Voting, Ballot Paper Requirements, Mandatoriness of Statutory Forms
Electoral Law Postal Voting Ballot Paper Requirements Mandatoriness of Statutory Forms

Case Brief

Summary, issues, holding and outcome

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Parties

William Maloney

Petitioner

Sir Malcolm Donald McEacharn

Respondent

Procedural Posture

Election Petition / Reference to Full Court for Determination of Questions of Law

Legal Issues

  1. 1 Whether attestation of applications in Form K in the Schedule to the Commonwealth Electoral Act by specified persons is an imperative condition for validity of postal votes
  2. 2 Whether votes given by absent electors by writing only one candidate's name on a blank ballot-paper without marking a cross or including all candidates ought to be rejected

Ratio Decidendi

Attestation of postal vote application by specified persons in Form K is a mandatory condition for validity under the Commonwealth Electoral Act 1902, and absent elector votes given by merely writing one candidate's name without marking a cross and including all candidates must be rejected.

Court Disposition

Questions referred to Full Court answered; votes not complying with attestation or ballot-paper conditions held invalid.

Orders

  • No costs of the reference due to partial success by both parties.