Part 8Preparations for an election

Part 8—Preparations for an election Division 1—Nomination 51—Candidates must be nominated No person is capable of being elected as a member of the House of Assembly or the Legislative Council unless duly nominated for election. 52—Qualifications of candidate (1) A person is not qualified to be a candidate for election as a member of the House of Assembly or the Legislative Council unless the person is an elector. (1a) A person is not qualified to be a candidate for election as a member of the House of Assembly or the Legislative Council if the person would, if elected at the relevant election, be required to immediately vacate his or her seat under section 17 or 31 of the Constitution Act 1934 (as the case requires). (2) If 2 or more elections are to be held under this Act on the same day, a person is not entitled to be a candidate in more than 1 of those elections and, if on the declaration of nominations the same person is nominated as a candidate in more than 1 of those elections, each of those nominations is invalid. 53—Multiple nominations of candidates endorsed by political party (1) The registered officer of a registered political party may, after the issue of the writ for the election— (a) nominate on a nomination paper a candidate endorsed by the party for election as a member of the House of Assembly or the Legislative Council; or (b) nominate on the same nomination paper candidates endorsed by the party for election as members of the House of Assembly or the Legislative Council. (2) In order to make a nomination under subsection (1), the registered officer of the party must, at least 48 hours before the hour of nomination, lodge at the office of the Electoral Commissioner— (a) a duly completed nomination paper; and (b) a deposit of the prescribed amount to be paid in the prescribed manner in respect of each candidate nominated. (3) A nomination paper must be in a form approved by the Electoral Commissioner and— (a) be signed by the registered officer of the party; and (b) contain a declaration, signed by each candidate, that he or she— (i) consents to stand as a candidate in the election; and (ii) is qualified to stand as a candidate in the election; and (iii) authorises the registered officer to make an application under section 62(1), and (in the case of a candidate for election as a member of the House of Assembly) to lodge a voting ticket under section 60A(1), on behalf of the candidate. (4) The Electoral Commissioner must, in respect of each district for which a candidate has been nominated under this section, deliver to the returning officer a copy or facsimile of the nomination paper as soon as practicable after the receipt of the nomination paper under this section (and in any event before the hour of nomination). (5) If a nominated candidate, by notice in writing lodged with the appropriate district returning officer before the hour of nomination, withdraws consent to stand as a candidate in an election, the nomination of that candidate is revoked. (6) The returning officer must immediately inform the registered officer of the party of the revocation of the nomination. (7) The registered officer of the party may, if— (a) the nomination of a candidate is revoked; or (b) a nominated candidate dies before the hour of nomination, nominate some other person as the candidate endorsed by the party for the district by lodging with the appropriate district returning officer before the hour of nomination a duly completed nomination paper. (8) If the registered officer does not nominate another candidate under subsection (7), the deposit paid in respect of a candidate whose nomination has been revoked or a candidate who has died must be returned to the party. (9) A nomination is not invalid because of a formal defect or error if the provisions of this Act have been substantially complied with. (10) A person who is endorsed by a registered political party as a candidate for election but is not nominated under subsection (1) may be nominated as a single candidate for election under section 53A. (11) In this section— prescribed amount means— (a) in the case of a candidate nominating for election as a member of the House of Assembly—$1 000, or such lesser amount as may be prescribed by the regulations; or (b) in the case of a candidate nominated for election as a member of the Legislative Council—the amount prescribed by the regulations for the purposes of this paragraph. 53A—Nomination of candidate by a person (1) A person may, after the issue of the writ for the election, nominate on a nomination paper a candidate for election as a member of the House of Assembly or the Legislative Council. (2) In order to make a nomination under subsection (1), the person must, before the hour of nomination, lodge at the office of the appropriate district returning officer— (a) a duly completed nomination paper; and (b) a deposit of the prescribed amount to be paid in the prescribed manner. (3) Subject to this section, a nomination paper must be in a form approved by the Electoral Commissioner and— (a) be signed by at least— (i) in the case of a nomination of an entitled candidate for election as a member of the House of Assembly—20 electors for the relevant district; or (ii) in the case of a nomination of an entitled candidate (including 1 who is to be a member of an entitled group) for election as a member of the Legislative Council—250 electors for the relevant district; and (b) contain a declaration, signed by the candidate, that he or she— (i) consents to stand as a candidate in the election; and (ii) is qualified to stand as a candidate in the election. (3a) If— (a) 2 or more candidates in a Legislative Council election apply under section 58 to have their names grouped together on the ballot paper; and (b) an elector signs a nomination paper under subsection (3)(a)(ii) for— (i) a candidate in the group; and (ii) another candidate in the election (including another candidate in the group), the elector's signature is to be taken not to count for any of the candidates for the purposes of subsection (3)(a)(ii). (3b) Subsection (3)(a)(i) does not apply to the nomination of an entitled candidate for election if, on or before the making of the nomination, a certificate is lodged under section 130PF on behalf of the entitled candidate. (3c) Subsection (3)(a)(ii) does not apply to the nomination of an entitled candidate, if a certificate is lodged under section 130PF on behalf of the entitled candidate (including, in the case of an entitled candidate who is a member of an entitled group, a certificate lodged on behalf of the entitled group). (4) If a nominated candidate, by notice in writing lodged with the appropriate district returning officer before the hour of nomination, withdraws consent to stand as a candidate in an election, the nomination of that candidate is revoked and the candidate's deposit must be returned. (4a) If a nomination paper lodged under subsection (2) does not fully comply with the requirement under subsection (3)(a)(ii), the relevant district returning officer must, if practicable, give the nominated candidate notice of the non‑compliance sufficient to enable the candidate to fully comply with the requirement before the hour of nomination. (5) A nomination is not invalid because of a formal defect or error if the provisions of this Act have been substantially complied with. prescribed amount means— (a) in the case of a candidate nominating for election as a member of the House of Assembly—$1 000, or such lesser amount as may be prescribed by the regulations; or (b) in the case of a candidate nominated for election as a member of the Legislative Council—the amount prescribed by the regulations for the purposes of this paragraph. 54—Declaration of nominations (1) The returning officer for each district must, at the hour of nomination, attend at the district office where the returning officer must— (a) publicly produce all nomination papers received by the returning officer; and (b) declare the names of all candidates duly nominated for the election in that district; and (c) declare the addresses of all candidates duly nominated for the election in that district; but if the address of a candidate is suppressed from the roll under section 21— (i) in the case of a candidate nominated for election as a member of the House of Assembly—the returning officer must instead declare the name of the House of Assembly electoral district in which that candidate resides; and (ii) in the case of a candidate nominated for election as a member of the Legislative Council—the returning officer must not declare the address of that candidate. (2) The returning officer may, with the concurrence of the Electoral Commissioner, reject a nomination if in the opinion of the returning officer the name under which the candidate is nominated— (a) is obscene; or (b) is frivolous; or (c) has been assumed for an ulterior purpose. (3) Where a nomination is to be rejected under subsection (2), the returning officer must, if practicable, give the nominee sufficient notice of the proposed rejection to enable the withdrawal of the nomination and the making of a fresh nomination under a different name before the hour of nomination. 55—Proceedings on nomination day (1) In the case of a Legislative Council election, if the number of candidates nominated is not greater than the number of candidates required to be elected— (a) the returning officer will make a declaration to that effect; and (b) the candidate or candidates will be taken to be duly elected as from polling day. (2) In the case of a House of Assembly election, if one candidate only is nominated— (a) the returning officer will make a declaration to that effect; and (b) the candidate will be taken to be duly elected as from polling day. (3) If, in any election, the number of candidates nominated is greater than the number required to be elected, the proceedings will, subject to this Act, stand adjourned to polling day. 56—Death of candidate after nomination (1) If after the nominations for an election for the Legislative Council have been declared, and before polling day, two or more candidates die, the election will be taken to have wholly failed. (2) If after the nominations for an election for the House of Assembly have been declared, and before polling day, any candidate dies, the election will be taken to have wholly failed. 57—Deposit to be forfeited in certain cases (1) The deposit made by or on behalf of a candidate will be retained pending the election, and after the election must be returned to the candidate, or to some person authorised to receive it, if— (a) the candidate is elected; or (b) the total number of votes polled in the candidate's favour as first preference votes exceeds 4 per cent of the total number of formal votes cast in the election; or (c) where the candidate is a member of a group, the total number of votes polled in favour of members of the group as first preference votes exceeds 2 per cent of the total number of formal votes cast in the election, but otherwise the deposit will, subject to subsection (2), be forfeited to the Crown. (2) If a candidate dies before polling day, his or her deposit must be returned to the candidate's personal representative. Division 2—Ballot papers Subdivision 1—Ballot papers for a Legislative Council election 58—Grouping of candidates in Legislative Council election (1) Subject to this section, if two or more candidates in a Legislative Council election apply under this section to have their names grouped together on the ballot paper, the names of those candidates must be grouped together on the ballot paper. (2) An application under subsection (1)— (b) must be signed by all the candidates who are to be included in the group; and (c) must set out the order in which the names of the candidates are to be included in the group; and (d) must be received by the returning officer for the Legislative Council not later than the hour of nomination; and (e) may contain a request for a group voting square for the group on the ballot paper. (3) A candidate is not entitled to have his or her name included in more than one group. (4) The number of candidates in a group must not exceed the number of candidates required to be elected at the particular election. 59—Printing of Legislative Council ballot papers (1) In printing the ballot papers to be used in a Legislative Council election— (a) the names of candidates included in groups must be printed in groups on the ballot papers before the names of candidates not included in groups, with the groups endorsed by registered political parties appearing before the groups who are not so endorsed (and on the basis that the groups and then the individual candidates will be placed sequentially on the ballot paper starting towards the left‑hand side of the ballot paper and then moving across the ballot paper (towards the right‑hand side) and, if necessary, on to and across a second or subsequent row or rows); and (ab) the order of the names of the candidates included in each group will be the order specified by the candidates in the group under section 58(2)(c); and (b) the order of the groups endorsed by registered political parties in the ballot papers must be determined by lot; and (ba) the order of the groups not endorsed by registered political parties in the ballot papers must be determined by lot; and (c) the order of the names of the candidates whose names are not included in any group must be determined by lot; and (d) where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and (e) a square must be printed opposite the name of each candidate. (2) If the candidates in a group have requested under section 58(2)(e) a group voting square, an additional square must be printed on the ballot paper in order to provide for the casting of votes in that square. Subdivision 2—Ballot papers for a House of Assembly election 60—Ballot papers for House of Assembly elections In printing the ballot papers to be used in a House of Assembly election— (a) the order of the names of the candidates in the ballot papers must be determined by lot; and (b) where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and (c) a square must be printed opposite the name of each candidate. 60A—Voting tickets (1) One voting ticket, or two separate voting tickets, may be lodged with the Electoral Commissioner or the returning officer in relation to a candidate for election as a member of the House of Assembly. (2) A voting ticket will not be regarded as validly lodged under subsection (1) unless— (a) written notice of intention to lodge a voting ticket or voting tickets is given to the Electoral Commissioner or the returning officer at or before the hour of nomination by or on behalf of the candidate; and (b) the voting ticket is lodged within 72 hours after the close of nominations. (3) A voting ticket may be lodged under this section by— (a) the candidate to whom it relates; or (b) a person authorised in writing by the candidate to act on their behalf. (4) An authorisation under subsection (3)(b) may only be given to a registered officer of a registered political party of which the candidate is a member. (5) A voting ticket lodged by or on behalf of a candidate under subsection (1) must— (a) indicate by consecutive numbers commencing with the number 1 an order of preference for all candidates in the election; and (b) indicate a preference for that candidate over all other candidates in the election. Subdivision 3—Ballot papers generally 61—Form of ballot papers (1) Subject to this Act, ballot papers must be in a form prescribed by regulation. (2) The following statement must be included on each ballot paper at or near the top of the ballot paper and in clearly legible print— "You are not legally obliged to mark the ballot paper." 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, 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)— (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. 64—Photographs of candidates (1) If the Electoral Commissioner so decides, photographs of all candidates in an election may be printed on the ballot paper for that election. (2) Notice of a decision under subsection (1) must be given to the candidates in the election on or before the day fixed for the nomination. (3) A candidate whose photograph is to be printed on a ballot paper in pursuance of subsection (1) must, within 3 days after the day fixed for the nomination, submit to the returning officer a photograph— (a) that was taken of the candidate within 12 months before submission of the photograph; and (b) that complies with the requirements of the regulations. (4) If a candidate fails to submit a photograph that conforms with the requirements of subsection (3) within the time allowed by that subsection or such further time as may be allowed by the Electoral Commissioner, the nomination of that candidate becomes void. (5) A photograph of a candidate printed on a ballot paper must appear opposite the name of the candidate. Division 3—Establishment and staffing of polling booths 65—Properly staffed polling booths to be provided (1) Where a poll is to be taken at an election for a district, it is the responsibility of the Electoral Commissioner to ensure— (a) that a polling booth is properly established at each polling place for the district; and (b) that each polling booth— (i) is properly divided into compartments so that voters may mark their votes without the vote being observed; and (ii) is properly equipped with ballot boxes and other necessary equipment; and (iii) is properly staffed with a presiding officer, poll clerks and any other necessary staff. (2) No premises licensed for the sale of liquor may be used as a polling booth unless the Electoral Commissioner has taken reasonable steps to ensure that liquor will not be sold or consumed on the premises while the polling booth is open for voting or otherwise being used for the purposes of the poll. (3) Any premises under the control of the Government of the State, and any premises of a local governing body, may be used for the purposes of the poll on terms and conditions approved by the Electoral Commissioner. 66—Preparation of certain electoral material (1) The Electoral Commissioner must have posters formed from how‑to‑vote cards submitted by the candidates in the election prepared for use in polling booths on polling day. (2) How‑to‑vote cards submitted under subsection (1)— (a) must list candidates in the same order as their names will appear on the relevant ballot paper; and (b) must comply with any other requirement prescribed by the regulations; and (c) must be submitted in a quantity determined by the Electoral Commissioner; and (d) must be received by the Electoral Commissioner not later than 4 days after the day for nomination; and (e) if 2 or more candidates form a group for the purposes of a Legislative Council election—must be jointly submitted by or on behalf of all candidates in the group; and (f) must not identify a candidate— (i) by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or (ia) by use of a word or set of words that comprises or contains the word "Independent" and— (A) the name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or (B) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym; or (ii) by the use of a word or set of words that 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(3)(b), unless the candidate provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that is signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that— (iii) the candidate is endorsed by the party; or (iv) the party has consented to the use of the relevant name or names or word or words; and (fa) must not identify a candidate by use of the word "Independent" if the candidate is endorsed by a registered political party; and (g) must, in relation to how‑to‑vote cards submitted by or on behalf of the same candidate or group of candidates, be in identical form. (3) The form of a poster prepared under this section will, subject to this section, be as determined by the Electoral Commissioner. (4) The order in which material is displayed in a poster or posters prepared under this section will correspond to the order in which the names of candidates will appear on the relevant ballot paper. (5) The presiding officer at each polling booth must ensure that posters prepared for use in polling booths on polling day are displayed in a prominent position in the polling booth (in accordance with any directions issued by the Electoral Commissioner) and that a poster prepared under subsection (1) in relation to the relevant House of Assembly election is displayed in each voting compartment. Division 4—Scrutineers 67—Appointment of scrutineers (1) Each candidate may appoint 1 or more scrutineers for the purposes of an election. (2) A person cannot act as a scrutineer at a particular place on behalf of a candidate unless or until a copy of a written notice of appointment of the person as a scrutineer, signed by the candidate, is presented to the officer presiding at that place. (3) Except where the returning officer allows a greater number of scrutineers— (a) for each polling booth there must not be more than two scrutineers in respect of each individual candidate or group of candidates; (b) for each counting centre there must not be more than— (i) two scrutineers in respect of each individual candidate or group of candidates; or (ii) if counting of votes takes place simultaneously at two or more places in the counting centre—one scrutineer for each such place in respect of each individual candidate or group of candidates. (4) A scrutineer may, by notice given to the officer presiding at a polling booth or counting centre, appoint a substitute to act for him or her during a temporary absence of the scrutineer from the polling booth or counting centre. Division 5—Certified list of electors 68—Certified list of electors (1) The relevant electoral registrars in relation to a district must, as soon as practicable after the date fixed for the closing of the rolls for an election, supply the Electoral Commissioner with a certified list of the electors enrolled for the district. (2) The Electoral Commissioner must, as soon as practicable after receipt of the certified list of electors for a district, supply the returning officer for the district with a copy of the certified list of electors.