ELECTORAL ACT (as amended at 24th January 2008)
printed to a size that permits the vertical extremities or the horizontal
extremities or both such extremities to touch opposite sides of the appropriate
square on the ballot paper; and
(iii) in capital letters of equal size, the abbreviation of every political party for
which a duly nominated candidate at the election is standing or which is
sponsoring such a candidate, where the candidate concerned specified the
abbreviation in his or her nomination paper in terms of paragraph (c) of
subsection (1) of section forty-six; and
(iv) a passport-sized photograph of the candidate; and
(v) such other particulars as may be prescribed;
(b) before the ballot paper is handed to the applicant, the presiding officer shall mark the
ballot paper with the official mark;
(c) when the person claiming the vote has received the ballot paper he or she shall—
(i) take the paper to the compartment provided for the purpose; and
(ii) then signify the candidate for whom he or she desires to vote by secretly
placing a cross in the rectangle opposite the name of that candidate or, if
there is more than one such rectangle, in the rectangle nearest to the righthand side of the ballot paper; and
(iii) then fold the ballot paper so that the official mark is visible and the names of
the candidates and the cross made by him or her are not visible and, having
held up the ballot paper so that the presiding officer can recognise the official
mark, drop the ballot paper in the ballot box placed in front of the presiding
officer:
Provided that, if he or she has spoilt the ballot paper, he or she may
return it to the presiding officer in terms of section fifty-eight and shall deal
with the second ballot paper given to him or her in accordance with this
paragraph.
58
Spoilt ballot papers
If a voter inadvertently spoils a ballot paper, he or she may return it to the presiding
officer who shall, if satisfied of the inadvertence, give the voter another ballot paper and
retain the spoilt paper, and the spoilt paper shall be immediately cancelled and the fact of the
cancellation shall be noted upon the counterfoil.
59
Voting by illiterate voters
(1) At the request in person of a voter who cannot read or write, the presiding officer, in
the presence of two other electoral officers or employees of the Commission at the polling
station, shall assist the voter to there and then mark the ballot paper in accordance with the
voter’s wishes and place the ballot paper in the ballot box, and if the wishes of the voter as to
the manner in which the vote is to be marked on the ballot paper are not sufficiently clear to
enable the vote to be so marked, the presiding officer may cause such questions to be put to
the voter as, in his or her opinion, are necessary to clarify the voter’s wishes.
(2) The name of every person whose ballot paper is marked in terms of subsection (1)
and the reason why it is so marked shall be entered on a list.
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