Post by NFA on May 9, 2020 17:40:56 GMT 8
The Candidates Handbook for Federal Elections and By-Elections
Produced by the Australian Electoral Commission
Version 06 8 March 2019
Qualification
For both the Senate and the House of Representatives, a person nominated must be:
18 years of age or older,
an Australian citizen, and
an elector entitled to vote at a House of Representatives election or qualified to become such an elector.
You cannot nominate for the Senate or the House of Representatives if you are a member of a state or territory parliament, unless you have resigned before the hour of nomination.
You cannot nominate for the Senate or the House of Representatives if you are disqualified by section 44 of the Constitution and have not remedied that disqualification before nomination. Examples of this include:
a citizen or subject of a foreign power;
serving a prison sentence of 12 months or more;
is an undischarged bankrupt or insolvent;
holding an office of profit under the Crown (e.g. Public Servant); or
a permanent member of the Australian Defence Force.
If you have any doubts as to your qualifications under the Constitution, we recommend that you seek your own legal advice. The Australian Electoral Commission does not provide specific legal advice to prospective candidates.
Nomination
Candidates may not lodge nominations until after the writ for the election has been issued.
Nominations must be made before 12 noon on the day nominations close. Nominations will be declared 24 hours after the close of nominations.
The sum to be deposited for nominating as a candidate for the Senate or House of Representatives is $2,000.
Nomination guide for candidates [PDF 205KB]
Senate
Nominations for the Senate are made to the Australian Electoral Officer (AEO) for the state or territory.
House of Representatives
Nominations for the House of Representatives are made to the Divisional Returning Officer for the division where the election is to be held. This also applies to by-elections.
For a general election the registered officer of a political party may make a 'bulk nomination' of all endorsed House of Representatives candidates within a particular state or territory. This allows all of a party's candidates to be nominated in one action. Nominations in this form must be made to the AEO for the appropriate state or territory and must be received 48 hours before the hour of nomination (see subsection 175(1) of the Commonwealth Electoral Act 1918). Bulk nominations cannot be made for a by-election and all nominations must be lodged at the office of the Returning Officer.
Nomination forms
Nomination forms must contain the following information
full name, place of residence, occupation and contact number;
for endorsed candidates – verification of their endorsement by the registered officer of the party, and an indication of whether the party's full name or abbreviation is to be printed adjacent to the candidate's name and whether the party's registered logo is to be included on the ballot paper;
for unendorsed candidates – nomination by 100 electors of the relevant division, or state or territory and an indication whether the word 'Independent' is to be printed adjacent to the candidate's name; and
a declaration by the candidate that they are:
constitutionally and legally qualified to be elected;
have not nominated for another election to be held on the same day; and
are prepared to act if elected.
a qualification checklist relating to section 44 of the Australian Constitution.
Qualification checklist relating to section 44 of the Australian Constitution
The qualification checklist relating to section 44 of the Australian Constitution (the checklist) forms part of the candidate nomination form. Intending candidates must complete the checklist and provide documents as required, to help demonstrate their eligibility to be elected to Parliament under section 44 of the Constitution.
Detailed information about the qualification checklist
Deposit
Senate and House of Representatives candidates must pay a $2000 deposit with their nomination.
Each nomination for the Senate and the House of Representatives must be accompanied by a deposit paid by legal tender (cash) or a cheque drawn by a bank or other financial institution on itself. Cheques should be made out to the Australian Electoral Commission. Personal cheques cannot be accepted.
These deposits are returned if a candidate is elected, or gains more than 4% of the total first preference votes, or if the candidate is in a group of Senate candidates which polls at least 4% of the total first preference votes.
Candidates Handbook
The Candidates Handbook is your guide to standing for election to the Commonwealth Parliament. It covers each stage of the federal electoral process and provides you with the relevant parts of the Commonwealth Electoral Act 1918 (the Act). You will learn about electoral law, and which laws apply to you and the people assisting you.
The handbook includes steps you need to take to qualify as a candidate and how to comply with the law before, during and after an election. We suggest that you read the Australian Constitution, the Act, and other relevant legislation listed in the handbook for more information.
The aim of this handbook is to provide you with general information about the nomination process and campaign activity. We cannot provide you with formal legal advice.
For both the Senate and the House of Representatives, a person nominated must be:
18 years of age or older,
an Australian citizen, and
an elector entitled to vote at a House of Representatives election or qualified to become such an elector.
You cannot nominate for the Senate or the House of Representatives if you are a member of a state or territory parliament, unless you have resigned before the hour of nomination.
You cannot nominate for the Senate or the House of Representatives if you are disqualified by section 44 of the Constitution and have not remedied that disqualification before nomination. Examples of this include:
a citizen or subject of a foreign power;
serving a prison sentence of 12 months or more;
is an undischarged bankrupt or insolvent;
holding an office of profit under the Crown (e.g. Public Servant); or
a permanent member of the Australian Defence Force.
If you have any doubts as to your qualifications under the Constitution, we recommend that you seek your own legal advice. The Australian Electoral Commission does not provide specific legal advice to prospective candidates.
Nomination
Candidates may not lodge nominations until after the writ for the election has been issued.
Nominations must be made before 12 noon on the day nominations close. Nominations will be declared 24 hours after the close of nominations.
The sum to be deposited for nominating as a candidate for the Senate or House of Representatives is $2,000.
Nomination guide for candidates [PDF 205KB]
Senate
Nominations for the Senate are made to the Australian Electoral Officer (AEO) for the state or territory.
House of Representatives
Nominations for the House of Representatives are made to the Divisional Returning Officer for the division where the election is to be held. This also applies to by-elections.
For a general election the registered officer of a political party may make a 'bulk nomination' of all endorsed House of Representatives candidates within a particular state or territory. This allows all of a party's candidates to be nominated in one action. Nominations in this form must be made to the AEO for the appropriate state or territory and must be received 48 hours before the hour of nomination (see subsection 175(1) of the Commonwealth Electoral Act 1918). Bulk nominations cannot be made for a by-election and all nominations must be lodged at the office of the Returning Officer.
Nomination forms
Nomination forms must contain the following information
full name, place of residence, occupation and contact number;
for endorsed candidates – verification of their endorsement by the registered officer of the party, and an indication of whether the party's full name or abbreviation is to be printed adjacent to the candidate's name and whether the party's registered logo is to be included on the ballot paper;
for unendorsed candidates – nomination by 100 electors of the relevant division, or state or territory and an indication whether the word 'Independent' is to be printed adjacent to the candidate's name; and
a declaration by the candidate that they are:
constitutionally and legally qualified to be elected;
have not nominated for another election to be held on the same day; and
are prepared to act if elected.
a qualification checklist relating to section 44 of the Australian Constitution.
Qualification checklist relating to section 44 of the Australian Constitution
The qualification checklist relating to section 44 of the Australian Constitution (the checklist) forms part of the candidate nomination form. Intending candidates must complete the checklist and provide documents as required, to help demonstrate their eligibility to be elected to Parliament under section 44 of the Constitution.
Detailed information about the qualification checklist
Deposit
Senate and House of Representatives candidates must pay a $2000 deposit with their nomination.
Each nomination for the Senate and the House of Representatives must be accompanied by a deposit paid by legal tender (cash) or a cheque drawn by a bank or other financial institution on itself. Cheques should be made out to the Australian Electoral Commission. Personal cheques cannot be accepted.
These deposits are returned if a candidate is elected, or gains more than 4% of the total first preference votes, or if the candidate is in a group of Senate candidates which polls at least 4% of the total first preference votes.
Candidates Handbook
The Candidates Handbook is your guide to standing for election to the Commonwealth Parliament. It covers each stage of the federal electoral process and provides you with the relevant parts of the Commonwealth Electoral Act 1918 (the Act). You will learn about electoral law, and which laws apply to you and the people assisting you.
The handbook includes steps you need to take to qualify as a candidate and how to comply with the law before, during and after an election. We suggest that you read the Australian Constitution, the Act, and other relevant legislation listed in the handbook for more information.
The aim of this handbook is to provide you with general information about the nomination process and campaign activity. We cannot provide you with formal legal advice.