Western Australian Current Acts Western Australian Current Acts (1) Two or more
candidates nominated for a Council election where the relevant number is more
than one may, in an approved form and before the close of nominations, make a
claim (a group claim ) to the returning officer —
(a) to
have their names included in a group in the ballot papers to be used in that
election; and
(b) to
have their names included in that group in the order specified in that claim.
(2A) A group claim may
be made on behalf of a group —
(a)
where all the candidates in the group are the subject of a party nomination,
under section 81A, by a particular registered political party — by a
registered officer of the party; or
(b) if
the candidates in the group are endorsed candidates of different registered
political parties — jointly by at least 1 registered officer of each
political party.
(2) Subject to
subsections (3), (4), (5) and (6), the names of candidates nominated for a
Council election who have made a group claim must, for the purposes of that
election, be included in a group in the order specified in the claim.
(3) All of the
candidates, or a registered officer of a political party, or at least 1
registered officer of each political party, by whom a group claim has been
made, may, in an approved form and before the close of nominations, withdraw
that claim.
(4) A group claim is
of no force or effect if —
(a) the
name of any candidate included in the claim is included in any other group
claim; or
(b) the
nomination of any candidate whose name is included in the claim is withdrawn
under section 82; or
(c) the
group claim includes more candidates than the relevant number for the election
to which the claim relates.
(5) Where a group
claim is made in respect of an election and any of the persons who made the
claim is, before polling day for that election, declared by any court to be
incapable of being elected at that election, then, after the making of the
declaration —
(a)
where there are 2 or more other persons who made that claim, the group shall
consist of the remainder of those persons only; or
(b)
where there is only one other person who made that claim, the claim shall be
of no force or effect.
(6) Where a group
claim is made and any of the persons who made the claim is a person whose
nomination is invalid under section 77 —
(a)
where there are 2 or more other persons who made that claim, the group shall
consist of the remainder of those persons only; or
(b)
where there is only one other person who made that claim, the claim shall be
of no force or effect.
[Section 80 inserted: No. 40 of 1987 s. 43;
amended: No. 35 of 2012 s. 7 and 13; No. 20 of 2021 s. 48 and 94; No. 30 of
2023 s. 70.]