Victorian Consolidated Regulations

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LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2020 - REG 25

Validity of candidature

    (1)     A person is not eligible to be a candidate for election if—

        (a)     the nomination form is not properly completed; or

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

        (c)     the nomination has been rejected as void under subregulation (4).

    (2)     The election manager can only reject a nomination—

        (a)     if section 256(4), (6) or (7) of the Act applies; or

        (b)     if regulation 24 has not been complied with.

    (3)     If the election manager is satisfied that regulation 24 has been complied with, the election manager cannot reject the nomination 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 nomination from a person who is not enrolled on the voters' roll for the municipality.

    (5)     The election manager must return any rejected nomination form to the person who submitted it.

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

        (a)     if practicable, the election manager must publish a public notice before the election day of the name of the person whose nomination is void;

        (b)     the election manager must take all practicable steps to remove the name of the person whose nomination is void from the ballot‑papers;

        (c)     if the election manager receives a completed ballot-paper on which the name of the person whose nomination is void has not been removed, the name of that person and any figure next to the name 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.



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