ELECTORAL ACT 1985 - SECT 62
ELECTORAL ACT 1985 - SECT 62
62—Printing of descriptive information on ballot papers
(1) Subject to this
section, where an application is made under this section by or on behalf of a
candidate—
(a) to
have the registered name of a registered political party printed adjacent to
the candidate's name on the ballot papers for use in the election; or
(b) to
have a composite name consisting of the registered names of 2 registered
political parties printed adjacent to the candidate's name on the ballot
papers for use in the election; or
(c) to
have the description "Independent" printed adjacent to the candidate's name on
the ballot papers for use in the election; or
(d) to
have a
description consisting of the word "Independent" followed by not more than 3
additional words printed adjacent to the candidate's name on the ballot papers
for use in the election,
the ballot papers must be printed accordingly.
(1a) An application
under subsection (1) can only be made—
(a) by
the candidate to whom the application relates; or
(b) if
the candidate is a member of a registered political party and has given an
appropriate written authorisation to the registered officer of that
party—by that registered officer.
(2) An application
under subsection (1)—
(a) must
be in a form approved by the Electoral Commissioner; and
(b) must
be signed by the candidate or the registered officer authorised to act on the
candidate's behalf; and
(ba) in
the case of an application signed by a registered officer on behalf of a
candidate—must be accompanied by the appropriate written authorisation
signed by the candidate; and
(c) in
the case of an application for printing the name of a registered
political party or a composite name consisting of the registered names of 2
political parties—
(i)
must contain a declaration, signed by the
registered officer of the political party or each of the political parties,
stating that the party supports the application; and
(ii)
if the registered political party has more than one
registered name—must specify which of those names is to be printed in
the ballot paper in pursuance of the application; and
(iii)
if the application is for the printing of a composite
name—must specify the form of the composite name; and
(d)
where the name of the candidate is to be included in a group—must be in
the form of an application made by or on behalf of all members of the group
for the printing of the same name or description adjacent to the name of each
member of the group (and, in the case of an application made on behalf of all
members of the group, must be accompanied by the appropriate written
authorisation signed by all of the members of the group); and
(e) must
be received by the Electoral Commissioner not later than the hour
of nomination.
(3)
The Electoral Commissioner may reject an application under
subsection (1)(d) if—
(a) the
description to which the application relates is, in the opinion of
the Electoral Commissioner, obscene or frivolous; or
(b) the
word or words constituting the description could not be, or may not be able to
be, registered as the name, or as part of the name, of a political party under
Part 6 because of the operation of section 42(2)(e) or (3)(b), other
than where the application includes a declaration (in the form determined by
the Electoral Commissioner) that has been signed by a person authorised by the
relevant parliamentary party or registered political party and states that the
party supports the application.
(4) A decision of
the Electoral Commissioner to accept or reject an application under
subsection (1)(d) is final and conclusive and not subject to review or
appeal.