87Validity of candidature—elections at the City of Melbourne

87 Validity of candidature—elections at the City of Melbourne

(1) A person is not eligible to be a candidate for election for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne if—

(a) the notice of candidature is not properly completed; or

(b) the nomination fee has not been paid; or

(c) the notice of candidature has been rejected as void under subregulation (4).

(2) The election manager can only reject a notice of candidature—

(a) if section 256(4), (6) or (7) of the Act applies to one of the persons nominated as a joint candidate; or

(b) if regulation 19 of the City of Melbourne (Electoral) Regulations 2022 has not been complied with.

(3) If the election manager is satisfied that regulation 19 of the City of Melbourne (Electoral) Regulations 2022 has been complied with, the election manager cannot reject the notice of candidature because of—

(a) any possible defect or error in the qualification of the candidate; or

(b) any formal defect or error.

(4) The election manager must reject as being void a notice of candidature involving a person who is not enrolled on the voters' roll for the municipality.

(5) The election manager must return any rejected notice of candidature to the person who submitted it.

(6) If the election manager becomes aware before the election day that a notice of candidature to which subregulation (2)(a) applies has not been rejected, the following provisions apply to that notice of candidature—

(a) if practicable, the election manager must publish a public notice before the election day of the names of the persons whose notice of candidature is void;

(b) the election manager must take all practicable steps to remove the names of the persons whose notice of candidature is void from the ballot‑papers;

(c) if the election manager receives a completed ballot-paper on which the names of the persons whose notice of candidature is void has not been removed, the names of the persons and any figure next to the names are to be treated as removed and the ballot-paper is to be given effect to in the voter's order of preference in respect of the remaining candidates.

For requirements regarding the validity of candidature in other Council elections (including the election of a Councillor at the City of Melbourne)—see regulation 25.

New reg. 88 inserted by S.R. No. 104/2022 reg. 12.