New South Wales Consolidated Acts New South Wales Consolidated Acts(1) Every person enrolled as an elector for any district as at 6 pm on the date of issue of the writ for an election for a district shall be qualified to be nominated as a candidate to be elected for that or any other district, unless disqualified under the Constitution Act 1902 or this Act.
(2) Before, and in order that, any person may be a candidate at any election for a district, the person must be nominated by:(a) the registered officer of a registered party which has endorsed the person for the election, or(b) not fewer than 15 persons each of whose names is on the roll for the district as at 6 pm on the date of issue of the writ for the election.
(3) A nomination of a candidate is to be made by delivering a nomination paper:(a) in the case of a nomination made by the registered officer-to the Electoral Commissioner at some time after the issue of the writ and before noon on the day before the day of nomination, or(b) in any case-to the returning officer at some time after the issue of the writ and before noon on the day of nomination.The person receiving the nomination paper must, if required to do so, give a receipt for it.
(3AA) A nomination paper may be delivered under this section by transmitting it by facsimile or email.
(3AB) A nomination paper is not validly transmitted by email unless:(a) an image of the completed nomination paper signed by the candidate and the registered officer or nominators concerned is included in or attached to the email, and(b) that image includes an image of the actual signatures as appearing on the nomination paper.
(3A) A nomination paper in which the candidate is nominated by the registered officer is to be in the following form, namely:I, the person whose name appears on this form as the registered officer of the registered party which has endorsed the candidate, do hereby nominate (here state name in full, date of birth and place of residence as enrolled of the person nominated) for election as a member of the Legislative Assembly for the electoral district of
Dated thisday of20.I, the abovenamed, hereby consent to such nomination and certify that the place of residence stated above is my place of residence as enrolled.
Name in full of registered officer Name of party Signature of registered officer
I specify that my given name should be printed on the ballot papers for the election in the following form:An alternative form of a candidate’s given name may only be:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
(4) A nomination paper in which the candidate is nominated by electors is to be in the following form, namely:We, the undersigned, electors of the electoral district ofdo hereby nominate (here state name in full, date of birth, and place of residence being the place of residence as enrolled of the person nominated) for election as a member of the Legislative Assembly for the abovenamed district.
Dated thisday of20.I, the abovenamedhereby consent to such nomination and certify that the place of residence stated above is my place of residence as enrolled.
Signatures of nominators Place of residence as enrolled Date of birth District
I specify that my given name should be printed on the ballot papers for the election in the following form:An alternative form of a candidate’s given name may only be:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
(4AA) A nomination paper of a candidate for election under this section must be accompanied by a child-related conduct declaration that complies with section 81L.
(4A) No person, unless nominated in accordance with the requirements of this section (including subsection (4AA)), shall be deemed to be a candidate for election as a member of the Assembly.
(4B) A given name of a candidate specified in a nomination paper under subsection (3A) or (4) as the form in which that name should be printed on the ballot papers for the election may differ from the candidate’s given name as it appears on the roll only to the extent that the given name is specified by:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
(5) No elector shall nominate more than one candidate for an electoral district.
(5A) If at the close of nominations for a district a person is nominated for an election for any other district or for a periodic council election each of those nominations is void.
(6) Where a candidate for an election for a district dies, after being nominated and before noon on the day of nomination for the election, the day named as the day of nomination for the election shall be taken to be the day next succeeding the day so named.
(7) A member of the Parliament of the Commonwealth shall be incapable of being nominated as a candidate for, or elected as a member of, the Assembly.
(7A) The nomination of a candidate is not valid unless, by 12 noon on the day of nomination, the person nominated or some person on his or her behalf deposits the sum of $250, in cash or in a cheque drawn by an authorised deposit-taking institution, with:(a) the Electoral Commissioner, if the nomination paper was delivered to the Electoral Commissioner, or(b) the returning officer, if the nomination paper was delivered to the returning officer.
(7B) The deposit is to be retained pending the election.
(7C) The deposit is to be returned if:(a) the candidate is elected, or(b) the total number of votes polled in the candidate’s favour as first preferences is at least 4 per cent of the total number of first preference votes polled in the district, or(c) the candidate dies before the date of the election, or(d) the candidate withdraws his or her name from nomination under section 79A.
(7D) The deposit that is to be returned under subsection (7C) is to be returned:(a) if the candidate was nominated by the registered officer of a registered party which has endorsed the person for the election-to the registered officer of the party, or(b) in any other case:(i) to the candidate (or to some person authorised by the candidate to receive it), unless subparagraph (ii) applies, or(ii) to the candidate’s personal representatives, if the candidate died before the date of the election.
(7E) In any other case the deposit is forfeited to Her Majesty.
(8) Notwithstanding anything to the contrary in this Act, whenever any vacancy occurs in the Assembly by reason of any member resigning his or her seat for the purpose of seeking election for the Parliament of the Commonwealth of Australia, if such member tenders his or her resignation prior to the date of the issue of the writ for the said election and notifies in writing to the Speaker his or her intention to seek such election, and his or her intention in the event of failing to secure such election to become again a candidate for the vacancy aforesaid, then the issue of the writ for the election of a Member to fill such vacancy shall be delayed until the result of such Commonwealth election shall have been first officially declared by the Returning Officer.
(9) As soon as practicable after a nomination paper for a candidate is delivered to the Electoral Commissioner or returning officer under this section, the Electoral Commissioner must cause the following details relating to the nomination to be displayed on the Commission’s internet website:(a) the candidate’s name,(b) the district for which the candidate is nominated for election,(c) the suburb, town or other locality of the place of residence as enrolled of the candidate (as stated on the nomination paper).