(a) Go immediately into one of the compartments
of the polling station and secretly mark his or
her ballot paper by putting a cross, a tick,
thumbprint or any other mark in the box and
column provided for that purpose against the
name and the symbol of the candidate for
whom that voter wishes to vote; and
(b) Fold it up so as to conceal his or her vote, and
shall then put the ballot paper into the ballot
box in the presence of the presiding officer and
in full view of the candidates or agents.
(2) The voter shall after following the procedure
specified in sub regulation (1) put each ballot
paper into the ballot box provided for the
election concerned.
(3) …”
[167] A voter therefore is said to have cast his or her vote when the
procedure under Regulation 70 is followed. This means that, upon receipt
of the ballot paper, the voter proceeds to mark correctly, indicating his
exact choice of the candidate he wishes to vote for, and then inserts that
marked ballot paper into the respective ballot box for the election
concerned.
[168] Comparative jurisprudence from other jurisdictions, notably
Australia; New Zealand; Canada; the United Kingdom; Ireland; the
Netherlands; India and South Africa, also makes a clear distinction between
Presidential
Petition
No.
1
of
2017
68
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P a g e