Electoral Act 1993

Elections - Voting

169: Spoilt ballot papers

You could also call this:

"What happens if you mess up your ballot paper by accident"

If you spoil your ballot paper by accident, you can get a new one. You must give the spoilt paper back to the issuing officer first. The issuing officer will then give you a fresh ballot paper.

The issuing officer will write on the spoilt ballot paper to say it was spoilt by you. They will also write their initials on it. If the issuing officer or another official spoils a ballot paper, they will write on it to say that.

The issuing officer must keep all spoilt ballot papers until the voting finishes. This is so they can keep track of what happened to each paper. You can find more information about the rules for voting in the Electoral Act 1993 and the Electoral Amendment Act 2002.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309833.

Topics:

Government and voting > Elections

168: Method of voting, or

"How to fill in your ballot paper to vote for a party or candidate"

170: Blind, disabled, or illiterate voters, or

"Help for voters who are blind, disabled, or can't read or write"

Part 6Elections
Voting

169Spoilt ballot papers

Any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer that the voter has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the issuing officer.
The issuing officer shall—
cancel every such spoilt ballot paper by writing across the face thereof the words Spoilt by voter, and a fresh ballot paper issued and writing his or her initials thereon:
if any ballot paper is inadvertently spoilt by the issuing officer or any other official, cancel it by writing across the face thereof the words Spoilt by official and also the words and a fresh ballot paper issued if that is the case, and writing his or her initials thereon:
retain all spoilt ballot papers in his or her possession until the close of the poll.

Notes

Section 169: substituted, on 6 December 1995, by section 47 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
Section 169(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 169(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 169(2)(b): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).