ELECTORAL ACT 2017 - SECT 75 Content of writs

ELECTORAL ACT 2017 - SECT 75

75 Content of writs

(1) A writ for the election of a member to serve in the Assembly or for a periodic Council election must--

(a) be directed to the Electoral Commissioner, and

(b) specify the following--

(i) the date of the writ,

(ii) the nomination day for the election,

(iii) the day for the taking of the poll for the election, if required (the
"election day" ),

(iv) the day by which the writ is to be returned to the Governor or Speaker, as the case requires (the
"return day" ).

(2) The writs for an Assembly general election that follows the expiry of an Assembly must specify the Wednesday following the day of that expiry as the nomination day for that election.

Note : Section 24 (1) of the Constitution Act 1902 provides that a Legislative Assembly, unless sooner dissolved, expires on the Friday before the first Saturday in March in the fourth calendar year after the calendar year in which the return of the writs for choosing that Assembly occurred.

The Legislative Assembly elected at the 2015 general election will, unless sooner dissolved, expire on Friday 1 March 2019.

Section 74 (1) (a) provides that the writs for the next Assembly general election are to be issued on Monday 4 March 2019.

This subsection provides that the nomination day for that Assembly general election (and the concurrent periodic Council election) will be Wednesday 6 March 2019.

(3) The writs for an Assembly general election and the writ for the concurrent periodic Council election are to specify--

(a) the same day as the nomination day for each of those elections, and

(b) the same day as the return day for each of those elections, being--

(i) a day that is not later than the 60th clear day after the date of the issue of the writ, or

(ii) a later day that the Governor may, by proclamation in the Gazette, direct.

(4) The writ for a by-election for the Assembly is to specify as the return day--

(a) a day that is not later than the 60th clear day after the date of the issue of the writ, or

(b) a later day that the Governor may, by proclamation in the Gazette, direct.

(5) Subsection (3) does not apply in relation to a writ for a periodic Council election issued by reason of the failure of an election, including a failure of an election by reason of its being declared void in accordance with law.