South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 53A

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)         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 for election as a member of the House of Assembly—20 electors for the relevant district; or

                  (ii)         in the case of a nomination 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).

        (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.

        (6)         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.



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