Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 86

86 .         Close of nominations procedure for single member election

        (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.]



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