Victorian Consolidated Legislation

Electoral Act 2002 - SECT 63

Issue of writ and days appointed

63. Issue of writ and days appointed



(1) A writ is deemed to have been issued at 6 p.m. on the day on which the
writ was issued.

(2) The person issuing the writ for an election must in relation to that
election appoint-

   (a)  the day for the close of the roll; and

   (b)  the final nomination day; and

   (c)  the election day.

(3) The day appointed for the close of the roll must be 7 days after the date
of the writ.



(4) A roll closes at 8 p.m. on the day appointed for the close of the roll.

(5) Subject to subsection (6), the final nomination day must be-

   (a)  in the case of the expiration of the Assembly, 10 days after the
        expiration; or

   (b)  in the case of the dissolution of the Assembly, a day within the
        period that-

   (i)  starts 10 days after the date of the writ; and

   (ii) ends 28 days after the date of the writ.

(6) If a candidate for an election dies before noon on the
final nomination day for the election, the final nomination day (except for
the purposes of subsection (7)) is to be the next day.

(7) The election day must be-

   (a)  unless paragraph (c) applies, if the previous Assembly expired, the
        last Saturday in November nearest to the fourth anniversary of the
        election day on which the previous Assembly was elected or the
        Saturday referred to in section 38(2) of the Constitution Act 1975 as
        the case may be; or

   (b)  if the previous Assembly was dissolved, a Saturday within the period
        that starts 15 days after the final nomination day and ends 30 days
        after the final nomination day; or





   (c)  if section 38A(2) of the Constitution Act 1975 applies, the Saturday
        to which the election day is postponed in accordance with that
        section.

(8) Subject to subsection (9), if an election is a by-election, the
final nomination day must be a day within the period that-

   (a)  starts 10 days after the date of the writ; and

   (b)  ends 28 days after the date of the writ.

(9) If a candidate for an election which is a by-election dies before noon on
the final nomination day for the by-election, the final nomination day (except
for the purposes of subsection (10)) is to be the next day.

(10) The election day for an election which is a by-election must be a
Saturday within the period that starts 15 days after the final nomination day
and ends 30 days after the final nomination day.