Legal Definitions - spoiled ballot

A spoiled ballot is a ballot paper that cannot be counted in an election or referendum because it has been marked incorrectly, damaged, or otherwise rendered invalid according to the established electoral rules. When a ballot is spoiled, the voter's intention cannot be clearly determined, or the ballot fails to meet the legal requirements for a valid vote.

Here are some examples illustrating how a ballot might be spoiled:

• Example 1: Multiple Selections
  During a local council election, a voter receives a ballot paper where they are instructed to choose only one candidate from a list. However, the voter mistakenly places an 'X' next to the names of two different candidates for the same position. Because the voter's true intent cannot be determined (which of the two candidates they actually wished to vote for), this ballot would be declared a spoiled ballot and would not be counted.

• Example 2: Accidental Damage
  While marking their choices in a national election, a voter accidentally tears a significant portion of their ballot paper, ripping through the names of several candidates. Despite their attempt to mark a valid choice, the damage makes it impossible for election officials to accurately read or process the ballot. In this scenario, the damaged paper would be considered a spoiled ballot.

• Example 3: Prohibited Identifying Marks
  A voter, intending to express a strong opinion, writes a personal message and signs their name on their ballot paper, in addition to marking their preferred candidate. Electoral laws typically prohibit any marks that could identify the voter, as this compromises the secrecy of the ballot and could potentially lead to coercion or fraud. Due to these unauthorized identifying marks, this ballot would be deemed a spoiled ballot and would not be included in the final count.