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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 4 : Elections

Part 1 : Voting

40. Issue of new ballot papers

 

 

(1) If a voter accidentally marks a ballot paper in a way that does not indicate for whom the voter wishes to vote and the ballot paper has not yet been placed in the ballot box—
(a) the voter may return that ballot paper to the presiding officer or a voting officer;
(b) that officer must deal with the ballot paper in accordance with subsection (2), and must give the voter a new ballot paper in accordance with section 38(5); and
(c) the voter may vote in accordance with section 38(6).

 

(2) Upon receiving a ballot paper from a voter in terms of subsection (1), the presiding officer or a voting officer must mark "cancelled" on the back of the ballot paper and file it separately to be dealt with in accordance with section 43.