Victorian Consolidated Legislation

Electoral Act 2002 - SECT 72

Failed election

72. Failed election



(1) An election fails if-

   (a)  a candidate for an Assembly election dies after noon on the
        final nomination day and before 6 p.m. on election day; or

   (b)  the successful candidate for an Assembly election dies after 6 p.m. on
        election day and before being declared elected; or

   (c)  no candidate is nominated or declared elected.

(2) If an election has failed-

   (a)  the election manager must immediately advise the Commission that the
        election has failed; and

   (b)  the Commission must indorse the writ to that effect and return the
        writ; and





   (c)  the person who issued the writ for the election that has failed must
        issue a new writ in or to the effect of the form in Schedule 1 for a
        supplementary election.

(3) If there is no Speaker or President to issue a writ under subsection
(2)(c), the writ must be issued by the Governor.

(4) Despite anything to the contrary in this Act-

   (a)  a supplementary election must be held on the electoral roll that was
        prepared for the purpose of the election that has failed; and

   (b)  the Governor in Council may by Order in Council make such
        modifications and adaptations of any of the sections of this Act as
        are necessary by reason of the fact that the supplementary election
        will be held on a day later than the election day appointed for the
        election that failed.

Division 4-Arrangements for holding elections