Opinion Number. 565

Subject

ELECTORAL OFFENCES
WHETHER CERTAIN IRREGULARITIES PRINTED ON HOW-TO-VOTE CARDS ARE MISLEADING

Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s.180

Date
Client
The Minister for Defence

Mr Crouch has forwarded to the Electoral Office a card said to be circulated in Henty Division, in which the names of the candidates are printed in the following order (Mr Crouch's Christian name being also wrongly given as 'Robert' instead of 'Richard'):

Boyd, James Arthur
Andrews, Albert
Crouch, Robert Armstrong
A ttorney-General

A cross is marked in the square opposite Mr Boyd's name, and the card contains the words 'If you wish to vote for the Liberal Cause and the Liberal Candidates, vote thus'. Mr Crouch suggests that the misarrangement of the names, and the wrong spelling of his name, contravene section 180 (d) and (e) of the Electoral Act.

The wrong statement of Mr Crouch's Christian name might conceivably mislead an elector into believing that Mr Richard A. Crouch was not the candidate; but in the absence of external evidence I do not think that a court would hold that it was 'intended or likely to mislead'.

The placing of Mr Boyd's name before Mr Andrews' is a more serious matter. It might easily lead a careless elector, when marking the actual ballot-paper to vote in a way different from that which he intended. I doubt, however, whether a prosecution would be successful.

[Vol.13,p.16]