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House of Representatives                                Ch 3                                                 p 95

Nomination of candidates

To contest an election to the House of Representatives a person must be nominated by at least 50 electors in the division he or she is to contest or the registered officer of the party endorsing him or her as a candidate. Continuing independent Members need only nomination by one elector. ¹ Nominations are made to the Divisional Returning Officer at any time between the issue of the writ and the close of nominations. Candidates of registered political parties ² may also be nominated in bulk for divisions of a State by the registered officer of the party. Bulk nominations must be made to the Australian Electoral Officer for the State no later than 48 hours prior to the close of nominations. The date for the close of nominations cannot be less than 10 days nor more than 27 days after the issue of the writ. The time for nominations closes at 12 noon on the appointed day. ³ For a nomination to be valid, it must have the candidate’s consent and be accompanied by a declaration by the candidate that he or she is qualified under the Constitution and the laws of the Commonwealth to be elected as a Member of the House of Representatives. The declaration must also state that he or she will not be a candidate for any other election held on the same day, and give details of his or her Australian citizenship. ⁴

A person who at the hour of nomination is a Member of a State Parliament or Territory Assembly may not be nominated. ⁵ Likewise a Member of the Senate or the House is required to resign to contest an election for the House of which he or she is not a Member. ⁶ There are constitutional prohibitions (outlined in the Chapter on ‘Members’) concerning persons who hold any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth. If unsuccessful, an Australian Public Service or Parliamentary Service employee who has resigned to contest an election must be reappointed to the service. ⁷ Officers of the Electoral Commission are not eligible for nomination. ⁸

A deposit of $350 is required to be lodged with the nomination. The deposit is returned if, at the election, the candidate polls at least four per cent of the total first preference votes polled in the division. ⁹ A candidate may withdraw his or her nomination up to the close of nominations but cannot do so after nominations have closed. ¹⁰ If one candidate only is nominated then he or she shall be declared duly elected without an election being necessary. ¹¹

Should a candidate die during the nomination period the hour of nomination is extended by 24 hours to allow time for the nomination of an alternative candidate. ¹² If any candidate dies between the close of nominations and polling day, the election is deemed to have failed and a new writ for a supplementary election ¹³ is issued forthwith. These provisions are based on the principle that no political party should be disadvantaged at an election because of the death of its candidate. In the division of Hume for the 1972 general election an independent candidate died after the close of nominations and a new writ was issued setting a new date for nominations. The dates of the original writ for polling and the return of the writ were retained. ¹⁴ During the 1993 general election in the division of Dickson an independent candidate died shortly before the poll. A new writ was issued for a supplementary election, setting later dates for nominations, polling and the return of the writ. ¹⁵ Similarly, a supplementary election was held in 1998 for the division of Newcastle because of the death of a candidate prior to polling day.

In order to help ensure fair elections, the Commonwealth Electoral Act prohibits bribery, undue influence and a number of other practices, and provides for penalties for these offences. ¹⁶

On 16 February 1976 a case against a former Minister (Hon. R. V. Garland) and a former Senator (Mr G. H. Branson) was brought by the Attorney-General under the then section 209 of the Commonwealth Electoral Act alleging a breach of the bribery provisions of the Act. ¹⁷ As a result of the proposed action Mr Garland had resigned his commission as a Minister on 6 February 1976. ¹⁸ The magistrate dismissed the charge, ruling that although a prima facie case had been established, a jury, properly directed, would not convict the defendants. ¹⁹

Nominations are declared (publicly announced) at the office of the respective Divisional Returning Officer at 12 noon on the day following the day of the close of nominations, ²⁰ and the order of candidates’ names on the ballot paper then determined by a method of double randomisation. ²¹

Commonwealth Electoral Act 1918 , s. 166. Form D of Schedule 1 to the Act contains a sample nomination form.

To be able to be registered, a party must have at least one member in Parliament or, if it has no parliamentary member, at least 500 party members. Commonwealth Electoral Act 1918 , s.123.

Commonwealth Electoral Act 1918 , s. 175.

Commonwealth Electoral Act 1918 , s. 170. Qualification and disqualification requirements are outlined in the Ch. on ‘Members’.

Commonwealth Electoral Act 1918 , s. 164.

Constitution, s. 43 (the resignation needs to be made before nomination).

Public Service Act 1999 , s. 32. Parliamentary Service Act 1999 , s. 32.

Commonwealth Electoral Act 1918 , s. 36.

Commonwealth Electoral Act 1918 , ss. 170, 173.

Commonwealth Electoral Act 1918 , s. 177.

Commonwealth Electoral Act 1918 , s. 179(2). The last occasion of an uncontested election was in respect of the Northern Territory at the 1963 general election. In the 1955 general election 11 divisions were uncontested.

Commonwealth Electoral Act 1918 , s. 156.

Commonwealth Electoral Act 1918 , ss. 180, 181.

Gazette S112 (13.11.72).

Gazette S78 (9.3.93).

Commonwealth Electoral Act 1918 , Part XXI.

Commonwealth Electoral Act 1918 , s. 326.

Gazette S28 (9.2.76).

Case unreported; but see ‘Australia: Alleged breach of Electoral Act’, The Parliamentarian , LVII, 4, 1976, p. 253.

Commonwealth Electoral Act 1918 , ss. 175, 176.

Commonwealth Electoral Act 1918 , s. 213. Form F of Schedule 1 to the Act contains a sample ballot paper. (Until 1983 candidates were listed on the ballot paper in alphabetical order.)