Clive Palmer argued that a tick should be treated the same as an “X” on a ballot paper - an informal vote,
The Full Federal Court has rejected Clive Palmer’s emergency challenge to the Indigenous Voice referendum, ruling that ticks can be counted as Yes in Saturday’s poll.
Justice Besanko said he and Justices Michael Wheelahan and Angus Stewart would publish their reasons in due course, with the court having heard that an appeal to the High Court after the poll was possible.The AEC has asked that voters write “yes” or “no” on the ballot paper, but Mr Palmer launched legal action in the Federal Court over the status of an “X” or a tick.
Stephen Free, SC, for the AEC, said the advice to election counters on ticks and crosses had been in place for “a very long time”.“This is not new or a new AEC determination for this election,” he said. “This has been perfectly transparent, clear and consistent.”Mr Free said it was not a binary question: “It’s do you approve – and an X against that can be a positive selection.
“The result of the reasoning below was to say that ticks must be counted as Yes, but crosses must not be counted as No. We say that could give rise to an appearance that – with those instructions – he is giving favour to one answer over another.”He cited the lay observer, who he said might “not have the sophistication of the lawyer or judge sitting on this court”.
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