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35(3) of the Representation of the People Act states as follows: (3) The elector on receiving the ballot paper shall forthwith enter one of the
35(3) of the Representation of the People Act states as follows: "(3) The elector on receiving the ballot paper shall forthwith enter one of the polling compartments and there mark his ballot paper by making a cross with a black lead pencil within the space containing the name. of the candidate for whom he intends to vote, and he shall then fold the ballot paper as directed so that the initials and the numbers on the counterfoil can be seen without opening it, and hand the paper to the presiding officer, who shall, without unfolding it, ascertain by examination of the initials and numbers appearing thereon that it is the same paper as that delivered to the elector and if the same he shall subject to the provisions of section 38 forthwith in full view of the voter and all others present remove and destroy the counterfoil and deposit the ballot in the ballot box." Mary Smith places a tick beside the name of one of the two candidates. Which of the following provides the best answer? (a) Mary Smith's tick equivalent to a valid vote for the candidate beside whose name it is placed; (b) Mary Smith's tick is not a valid vote for it is not a cross; (c) Mary Smith should be summoned and required to vote again at a magisterial recount; (d) Mary Smith should be fined for failure to carry out the requirements of the Representation of the People Act; (e) The Presiding Officer should find out Mary Smith's voting inten
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