Chanter v Blackwood (No 2)

Chanter (the petitioner) challenged the validity of the election of Blackwood (the respondent) as a member of the House of Representatives for the electorate of Riverina. The dispute concerned alleged irregularities in the conduct of the election, particularly in relation to postal votes and the marking of ballot papers. The matter came before the High Court of Australia.

The High Court was required to determine several key legal issues. These included whether the returning officer's failure to initial ballot papers on the front, as prescribed by Schedule Form Q of the *Commonwealth Electoral Act 1902*, rendered those ballot papers invalid. The court also had to consider the effect of numbers on the counterfoils of postal votes being transposed, whether postal votes received after the close of the poll should be counted, and the validity of postal votes cast by marksmen. Furthermore, the court's jurisdiction to inquire into how a voter had cast their vote, and the implications for the secrecy of the ballot, were central to the determination.

Griffith, C.J. reasoned that the provisions of the *Commonwealth Electoral Act 1902* relating to the marking of ballot papers, including the requirement for initialling on the front, were mandatory. His Honour held that a failure to comply with these mandatory provisions, such as the returning officer not initialling the ballot papers on the front, meant that those ballot papers could not be considered validly cast. The Chief Justice also found that postal votes received after the close of the poll were invalid. The court's jurisdiction to inquire into how a voter had voted was limited by the principles of the secrecy of the ballot, and the court would not permit such an inquiry unless it was strictly necessary for the determination of a disputed election.

The High Court declared the election void.