(1) This section
applies to a single member election.
(1a) The returning
officer must attend at the place of declaration of nominations for the period
of 1 hour immediately prior to the close of nominations.
(2) As soon as
practicable after the close of nominations, the returning officer must —
(a)
publicly produce all nomination papers and copies of nomination papers
received by the officer under section 81(1)(a) or 81A(5)(b)(i) between the
issue of the writ and the close of nominations; and
(b)
declare the names of all candidates nominated; and
(c)
state that the name of each candidate nominated, and details of a means by
which the candidate can be contacted, will be published on the Commission
website as soon as practicable after the close of nominations; and
(d)
ensure the name of each candidate nominated, and details of a means by which
the candidate can be contacted, are published on the Commission website.
(2AAA) Despite
subsection (2), if a candidate is a silent elector the returning officer must
not publish information that might enable the candidate’s residential
address to be ascertained.
(2aa) If there is only
one candidate for election the returning officer must declare that candidate
duly elected.
(2a) If there are 2 or
more candidates for election the order of the names of the candidates to be
placed on the ballot papers must be determined as follows —
(a) the
returning officer must, at the place of declaration of nominations immediately
after the close of nominations and before all persons then present, make out
in respect of each candidate, a slip bearing the candidate’s name, and
deal with the slips in accordance with Schedule 2;
(b) the
candidate whose name appears on the first slip obtained by the returning
officer in accordance with Schedule 2 must be placed first on the ballot
papers, the candidate whose name appears on the second slip so obtained must
be placed second on the ballot papers, and so on, until the placing of all the
names of those candidates on the ballot papers has been determined.
(2b) The returning
officer must forthwith after the order of the placing of the names of the
candidates has been determined in accordance with subsection (2a), forward to
the Electoral Commissioner at Perth, by electronic communication or other
expeditious means, the names and other particulars of the several candidates
in such order.
(3) Subject to
section 88(2) the proceedings must then stand adjourned to polling day.
[Section 86 amended: No. 68 of 1964 s. 17; No. 28
of 1970 s. 12; No. 40 of 1987 s. 47 and 84; No. 36 of 2000 s. 39 and 40; No.
35 of 2012 s. 16; No. 20 of 2021 s. 52; No. 30 of 2023 s. 76.]