Electoral Act, 1998 (Act No. 73 of 1998)Chapter 4 : ElectionsPart 1 : Voting40. Issue of new ballot papers |
| (1) | If a voter— |
| (a) | marks a ballot paper in a way that does not indicate for whom the voter wishes to vote; or |
| (b) | after having marked the ballot paper, changes his or her mind as to how he or she wishes to vote, and the ballot paper has not yet been placed in the ballot box, the voter may return that ballot paper to the presiding officer or a voting officer. |
[Section 40(1) substituted by section 13(a) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (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. |
| (3) | The presiding officer or voting officer must then hand a new ballot paper to the voter. |
[Section 40(3) inserted by section 13(b) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]
| (4) | The Commission must prescribe the number of times a new ballot paper may be issued in terms of subsection (3), with due regard to section 19 of the Constitution. |
[Section 40(4) inserted by section 13(b) of Notice No. 23, GG 42176, dated 21 January 2019 (Electoral Laws Amendment Act, 2019 (Act No. 1 of 2019)) - effective 6 March 2019 (Proclamation No. 11 of 2019)]