ELECTORAL OFFENCES
WHETHER CERTAIN REPRESENTATION OF BALLOT-PAPER IS LIKELY TO MISLEAD ELECTOR
COMMONWEALTH ELECTORAL ACT 1918, s. 161 (d)
The Chief Electoral Officer forwards a card representing a ballot-paper, authorised by A.B.C, and printed at the Daily Herald Office, Adelaide, containing directions to electors as to the method of recording their votes, and concluding with the following paragraph:
Place the figure, 1, 2 and 3, in the squares opposite names of Labor Candidates, in the order of your choice. Then number other candidates as indicated or your paper will be thrown out.
He asks for advice as to whether section 161 of the Commonwealth Electoral Act has been contravened.
In my opinion the printing, publishing and distributing of this card is an offence under section 161 (d) of the Act, as the directions upon it are likely to mislead an elector in relation to the casting of his vote.
The statement is clearly made that if the other candidates are not numbered as indicated (i.e. 4, 5, 6, 7) the vote will be thrown out, and this statement is certainly misleading.
[Vol. 16, p. 322]