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ELECTORAL ACT 2002 - SECT 69 Nomination of candidates

ELECTORAL ACT 2002 - SECT 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

S. 69(2)(aa) inserted by No. 2/2003 s. 27(1).

        (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

S. 69(3)(aa) inserted by No. 2/2003 s. 27(2).

        (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

S. 69(3)(b) substituted by No. 2/2003 s. 27(2A) (as amended by No. 38/2005 s. 17).

        (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

S. 69(3)(ba) inserted by No. 2/2003 s. 27(2A) (as amended by No. 38/2005 s. 17).

        (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

S. 69(3)(bb) inserted by No. 13/2022 s. 21.

        (bb)     includes a contact person for the candidate; 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.

S. 69(4) substituted by No. 2/2003 s. 27(3).

    (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.

S. 69A inserted by No. 2/2003 s. 28.