Div 2Nomination

Division 2—Nomination 18—Call for nominations The returning officer must not later than 14 days before the day on which nominations close for a particular election give public notice stating the vacancies to be filled at the election and inviting nomination of candidates for election to the vacancies. 19—Manner in which nominations are made (1) A person who is eligible to be a candidate for election to an office of a council may nominate (or, in the case of a nominee of a body corporate or group, be nominated) in the prescribed manner as a candidate for election to the office. (2) The nomination must be accompanied by— (a) a declaration of eligibility made by the candidate; and (b) a profile of the candidate that complies with the regulations; and (c) other information and material required by the regulations. (3) A profile under subsection (2) may include a photograph of the candidate (that complies with the regulations). (4) A nomination must be lodged with the returning officer not earlier than 14 days before the day on which nominations close. (5) The returning officer must cause a note to be made of the date and time of the receipt of a nomination form under this section. (6) The returning officer may 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. (7) The returning officer must reject a nomination if it appears to the returning officer that the nominated candidate has already been nominated for election to another vacancy (by a nomination lodged with the returning officer) and that the earlier nomination has not been withdrawn before the lodging of the nomination. 19A—Publication of candidate profiles (2) The returning officer must, as soon as is reasonably practicable after the close of nominations (and in any event within 14 days after the close of nominations), cause each candidate's profile supplied under section 19(2)(b) to be published, in accordance with any requirements of the regulations, on the Internet. (4) Despite any other provision of this Act or any other law, a candidate is solely responsible for their profile under section 19(2)(b) and the returning officer, a council or any person involved (whether as an Internet service provider or otherwise) in the administration of the Internet publication referred to in subsection (2) bears no civil or criminal liability with respect to the publication of a profile in accordance with this section. 20—Questions of validity (1) On receipt of a form of nomination, the returning officer must, if of the opinion that there is any matter that might render the nomination invalid, take all reasonable steps to notify the nominated candidate of the matter in order to enable the candidate to address the matter before the close of nominations. (2) A dispute as to the validity of a nomination must be determined summarily by the returning officer. 21—Publication etc of valid nominations (1) The returning officer must, from the day on which the notice inviting nominations for an election is published until 24 hours after the close of nominations, keep an up to date record (as far as is reasonably practicable) of the number of valid nominations received, and the name of each nominated candidate, accessible to the public on the Internet. (2) The returning officer must, within 24 hours after the close of nominations— (a) provide a council with a list of all valid nominations relevant to the council's area; and (b) publish a list of all valid nominations on the Internet. 22—Ability to withdraw a nomination (1) A nominated candidate may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination. (2) A body corporate or group of persons who have nominated a candidate under this Part may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination. 23—Close of nominations Nominations close— (a) in the case of a periodic election—at 12 noon on the sixth Tuesday after the closing day fixed under section 15(7)(a); (b) in other cases—at 12 noon on a day appointed by the returning officer as nomination day, being a day that falls not less than 21 days before polling day for the relevant election. 24—Multiple nominations If, at the close of nominations, it appears that the same person has been nominated for election to two or more vacancies, both or all the nominations are void. 25—Uncontested elections (1) If, after nominations have closed, it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected. (1aa) A declaration under subsection (1) relating to a periodic election must be made at the same time as the drawing of lots under section 29(3) for the purposes of the periodic election is conducted. (1a) If— (a) after the close of nominations for a designated supplementary election and before the commencement of the issue of voting papers under section 39(1) for that election, another vacancy occurs in the office of a member of the council (other than in the office of mayor) (the subsequent vacancy); and (b) it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected. (2) If a candidate is declared elected under subsection (1) or (1a)— (a) in the case of a supplementary election—the election of the candidate takes effect immediately; and (b) in other cases—the election of the candidate takes effect at the conclusion of the relevant elections (see section 4(2) of the Local Government Act 1999). designated supplementary election has the same meaning as in section 6. 26—Notices (1) The returning officer must, within 16 days of the close of nominations, give public notice and notice in writing to the candidates setting forth— (a) the names of the candidates nominated and the offices for which they were nominated; and (b) the names of any candidates declared elected in pursuance of this Part; and (c) if an election is to be held—the day appointed as polling day for the election; and (d) information on the operation of Part 14. (2) If an election is to be held, a notice given to a candidate under subsection (1) should be accompanied by a statement (in a form determined by the Electoral Commissioner) concerning illegal practices under this Act.