Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a Council election where the relevant number is more than one.
(2) The returning
officer must attend the place of declaration of nominations for the period of
1 hour immediately prior to the close of nominations.
(3) As soon as
practicable after the close of nominations, the returning officer must —
(a)
publicly produce all 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 in the
order required by section 94D.
(3A) Despite
subsection (3), 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.
[(4A) deleted]
(4) If the candidates
are not greater in number than the candidates required to be elected, the
returning officer must declare the candidates duly elected.
(5) If there are more
candidates for election than the relevant number and they comprise or include
2 or more groups the order of the groups to be placed on the ballot papers
must be determined as follows —
(a) the
returning officer must, at the place of declaration of nominations, as soon as
practicable after the close of nominations and before all persons then present
—
(i)
make out in respect of each group in which each of the
candidates is an endorsed candidate of the same registered political party, a
slip bearing the names of the candidates in the group, and deal with the slips
in accordance with Schedule 2; and
(ii)
make out in respect of each other group, a slip bearing
the names of the candidates in the group, and deal with the slips in
accordance with Schedule 2;
(b) the
group whose names appear on the first slip obtained by the returning officer
in accordance with clause 5 of Schedule 2 must be placed first on the ballot
papers, the group whose names appear on the second slip so obtained must be
placed second on the ballot papers, and so on, until the placing of all the
groups on the ballot papers has been determined.
(6) If there are more
candidates for election than the relevant number and 2 or more of them are not
included in a group, the order of the names of the candidates not included in
a group to be placed on the ballot papers must be determined as follows
—
(a) the
returning officer must, at the place of declaration of nominations, as soon as
practicable after the close of nominations and before all persons present,
make out in respect of each of those candidates, a slip bearing the
candidate’s name, and proceed to 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 clause 5 of Schedule 2 must, of those candidates,
be placed first on the ballot papers, the candidate whose name appears on the
second slip so obtained must, of those candidates, be placed second on the
ballot papers, and so on, until the placing of all the names of the candidates
on the ballot papers has been determined.
[(7) deleted]
(8) Subject to
section 88(1) the proceedings shall then stand adjourned to polling day.
[Section 87 inserted: No. 40 of 1987 s. 48;
amended: No. 79 of 1987 s. 27; No. 36 of 2000 s. 39 and 41; No. 64 of 2006 s.
53; No. 35 of 2012 s. 17; No. 20 of 2021 s. 53; No. 30 of 2023 s. 77.]