COMMONWEALTH ELECTORAL ACT 1918 - SECT 166 Mode of nomination

COMMONWEALTH ELECTORAL ACT 1918 - SECT 166

Nominations of single candidates as Senators or members

  (1)   Subject to subsections   (1A), (1AA), (1B) and (1C), a nomination may be in Form C, CA, D or DA in Schedule   1, as the case requires, and must:

  (a)   set out the name, place of residence and occupation of the candidate; and

  (b)   be signed by:

  (i)   not less than 100 electors entitled to vote at the election for which the candidate is nominated; or

  (ii)   the registered officer of the registered political party by which the candidate has been endorsed for that election.

  (1AAAA)   If:

  (a)   2 or more candidates in a Senate election make a joint request under section   168; and

  (b)   a person signs, under subparagraph   (1)(b)(i), a nomination for more than one of the candidates;

the person's signature must not be counted for any of the candidates for the purposes of that subparagraph.

Nominations of 2 or more candidates as Senators

  (1AAA)   Subject to subsections   (1A), (1AA) and (1B), a nomination may be in Form CC in Schedule   1, and must:

  (a)   set out the name, place of residence and occupation of each candidate; and

  (b)   be signed by the registered officer of the registered political party by which the candidates have been endorsed for that election.

Other matters relating to nominations

  (1A)   Where:

  (a)   a candidate in a Senate election is:

  (i)   a Senator; or

  (ii)   in the case of an election following a dissolution of the Senate, a person who was, immediately before the dissolution, a Senator; and

  (b)   the candidate's name is, under subsection   99(4), enrolled on the Roll for any Subdivision of a Division of the State or Territory that he or she represents or represented;

the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.

  (1AA)   For a House of Representatives election for a particular Division, the registered officer of a particular registered political party must not sign nominations under subparagraph   166(1)(b)(ii) for that election for more than one candidate.

Note:   This does not prevent an amendment of a nomination under section   177 (withdrawal of consent to a nomination) or 180 (death of candidate after nomination).

  (1B)   Where:

  (a)   a candidate in an election for the House of Representatives was, immediately before the dissolution or expiration of the House of Representatives that preceded the election, a member of the House of Representatives; and

  (b)   the candidate's name is, under subsection   99(4), enrolled on the Roll for any Subdivision of the Division that he or she represented;

the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.

  (1C)   A nomination need only be signed by at least one other person entitled to vote at the election (the new election ) for which the candidate is nominated if the candidate:

  (a)   is a sitting independent in relation to the new election; and

  (b)   is not endorsed by a registered political party in the new election at the close of nominations.

  (1D)   For the purposes of subsection   (1C), a candidate for election to the Senate for a State or Territory is a sitting independent for the new election if:

  (a)   the candidate was elected as a Senator for that State or Territory in an election (the previous election ); and

  (b)   the candidate was not endorsed by a registered political party in the previous election; and

  (c)   the candidate continues to be a Senator for that State or Territory as a result of the previous election until:

  (i)   the writ for the new election is issued; or

  (ii)   if the writ for the new election is issued in relation to a dissolution of the Senate--that dissolution of the Senate.

  (1E)   For the purposes of subsection   (1C), a candidate for election to the House of Representatives for a Division (the seat being contested ) is a sitting independent for the new election if:

  (a)   the candidate was elected as a member of the House of Representatives in an election (the previous election ) for a particular Division (the existing seat ); and

  (b)   the candidate was not endorsed by a registered political party in the previous election; and

  (c)   the candidate continues to be a member of the House of Representatives for the existing seat as a result of the previous election until:

  (i)   the writ for the new election is issued; or

  (ii)   if the writ for the new election is issued in relation to a dissolution of the House of Representatives--that dissolution of the House of Representatives; and

  (d)   the existing seat is either the same as, or has territory in common with, the seat being contested.

  (2)   A nomination may name a candidate only by specifying:

  (a)   the surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is enrolled; or

  (b)   in a case where the candidate is not enrolled--a surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is entitled to be enrolled.

  (3)   For the purposes of subsection   (2), a Christian or given name may be specified by specifying:

  (a)   an initial standing for that name; or

  (b)   a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name).

  (4)   A nomination shall include a statement of the form in which the candidate's name or candidates' names, as the case may be, is or are to be printed on the ballot papers for the election.

  (5)   Where:

  (a)   persons to be nominated as candidates in a Senate election wish to have their names grouped in the ballot papers; and

  (b)   those persons have been endorsed for that election by different registered political parties;

the nominations of the candidates may be combined in such manner as the Electoral Commissioner approves.

  (6)   Nothing in this Act is to be taken as requiring a person:

  (a)   who is a candidate or the nominator of a candidate; and

  (b)   whose address is not shown on the Roll because of section   104;

to set out the person's address in a nomination.

  (7)   A candidate who does not set out the candidate's address in a nomination must provide the Electoral Commissioner with contact details for correspondence.