Victorian Consolidated Legislation

Electoral Act 2002 - SECT 69

Nomination of candidates

69. Nomination of candidates



(1) A person may only become a candidate for an election by nomination in
accordance with this section.

(2) If a candidate is endorsed by a registered political party, there must be
delivered to the Commission, after the issue of the writ and before noon of
the day before the final nomination day, a nomination form in the prescribed
form that-

   (a)  specifies the candidate's name and address as it appears on the
        register of electors; and

   (aa) in the case of a candidate for a Council election, specifies the
        suburb or locality in which is located the address in respect of which
        the candidate is enrolled; and

   (b)  is signed by the candidate and by the registered officer of the
        registered political party; and

   (c)  includes a declaration signed by the candidate that the candidate is
        qualified under the Constitution Act 1975 to be elected a member of
        the Assembly or the Council; and

   (d)  includes a statement specifying the form in which-

   (i)  the candidate's given name or given names; and

   (ii) the registered political party's name- are to be printed on the
        ballot-papers for the election.

(3) If a candidate is not endorsed by a registered political party, there must
be delivered to the election manager, after the issue of the writ and before
noon on the final nomination day, a nomination form in the prescribed form
that-

   (a)  specifies the candidate's name and address as it appears on the
        register of electors; and

   (aa) in the case of a candidate for a Council election, specifies the
        suburb or locality in which is located the address in respect of which
        the candidate is enrolled; and

   (b)  in the case of a candidate for an Assembly election, is signed by the
        candidate and by 6 persons entitled to vote at the election for which
        the candidate is nominated; and



   (ba) in the case of a candidate for a Council election, is signed by the
        candidate and by 50 persons entitled to vote at the election for which
        the candidate is nominated; and



   (c)  includes a declaration signed by the candidate that the candidate is
        qualified under the Constitution Act 1975 to be elected a member of
        the Assembly or the Council; and

   (d)  includes a statement specifying the form in which the candidate's
        given name or given names is to be printed on the ballot-papers for
        the election.

(4) There must be delivered with a nomination form referred to in subsection
(2) or (3) the sum of $350 paid in cash or by cheque drawn on account of an
authorised deposit-taking institution within the meaning of the Commonwealth
Banking Act 1959.

(5) A given name of a candidate specified under subsection (2)(d) or (3)(d)
may differ from the candidate's given name as it appears on the register of
electors 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 candidate produces evidence to
        the satisfaction of the Commission that the proposed name is a
        commonly used other name specific to the candidate by which the
        candidate is usually identified.

(6) A person must not nominate as a candidate for more than one election to be
held on the same day.

(7) If a person nominates as a candidate for more than one election to be held
on the same day-

   (a)  all nominations of the person as a candidate for the elections to be
        held on that day are void; and

   (b)  the deposits paid in respect of the nominations are to be forfeited
        and paid into the Consolidated Fund.

(8) The nomination form delivered by or on behalf of a candidate must not be
made available to any person for inspection except in accordance with this
Act.