INFORMAL VOTES.

Hauraki Plains Gazette, Volume XXXVI, Issue 4902, 13 November 1925, Page 2

INFORMAL VOTES.

QUESTION OF LEGALITY.

RETURNING OFFICER’S OPINION.

Owing to the differences of opinion as to whether informal votes should be taken into consideration at the local licensing poll, the following information has been forwarded, by Mr P. H. Wylde, returning officer for Ohinemuri:—

“As there appeals to be some doubt .in. some quarters as to whether informal votes are-to be taken into account in connection with the! declaration of the result of the local .licensing polk and consequently as to whether local’ restoration has been cai? ried or not, I would like to state that in my opinion there is no doubt whatever in the matter, and that informal votes are not to be taken into consideration.. The result of the poll in, favour of restoration has therefore been declared on this basis. "The Act provides that ‘When on the taking of the poll in any such district the number of votes recorded in favour of the proposal that licenses shall be restored in the district is not less than three-fifths of all the ‘votes recorded’ in respect of .the proposals submitted, the proposal shall be deemed to be carried.’ On the reading of this section alone there would certainly appear to be .some doubt as to whether informal, votes should be taken into; consideration. However, there is another section of the act which has a direct bearing on the point, and this section hajs apparently been overlooked by certain legal experts who have given opinions on the matter. The section I refer to in section 1.4 (j) of the Licensing Act, 1908, which reads as follows :—

“‘lf the voter strikes, out both or fails to strike out one of the proposals the voting paper shall be void, and he shall not be deemed toi be a voter who has recorded his vote.’ “Therefore, informal votes are not votes recorded.”