Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 113C

113C .         Political party names or “independent”, printing of on ballot papers

        (1)         Subject to this section, where a candidate in an election applies to have a name specified in the application being —

            (a)         a name of a registered political party; or

            (b)         a composite name of 2 registered political parties comprising a name of one registered political party and a name of the other registered political party,

                printed adjacent to the applicant’s name on the ballot papers for use in the election, the name so specified shall be so printed on those ballot papers.

        (2)         If each candidate in a group applies to have the same name printed under subsection (1), the following requirements apply to the printing of the ballot papers —

            (a)         the name must be printed on the ballot papers adjacent to the name of each candidate in that group;

            (b)         the name must be printed on the ballot papers adjacent to the square, if any, printed above the line for that group.

        (3)         An application under subsection (1) —

            (a)         must be in an approved form; and

            (b)         must be signed by the candidate; and

            (c)         must contain a declaration signed by the secretary of the registered political party or, if the application is for the printing of a composite name, by the secretary of each registered political party concerned, stating that the party supports the application; and

            (d)         where the name of the applicant is to be included in a group, must be in the form of a joint application by all the candidates to be included in the group for the printing of the same name, adjacent to the name of each of those candidates; and

            (e)         must be received by the returning officer not later than the hour of nomination.

        [(4)         deleted]

        (5)         Subject to this section, where a candidate in an election who is not endorsed as a candidate in the election by a registered political party applies to have the word “Independent” printed adjacent to the applicant’s name on the ballot papers for use in the election that word shall be so printed on those ballot papers.

        (6)         If each candidate in a group applies under subsection (5), the following requirements apply to the printing of the ballot papers —

            (a)         the word “Independent” must be printed on the ballot papers adjacent to the name of each candidate in that group;

            (b)         the word “Independent” must be printed on the ballot papers adjacent to the square, if any, printed above the line for that group.

        (7)         An application under subsection (5) —

            (a)         must be in an approved form; and

            (b)         must be signed by the candidate; and

            (c)         where the name of the applicant is to be included in a group, must be in the form of a joint application by all the candidates to be included in the group for the printing of the word “Independent” adjacent to the name of each of those candidates; and

            (d)         must be received by the returning officer not later than the hour of nomination.

        [(8), (9)         deleted]

        (10)         In this section —

        name includes an abbreviation or acronym of a name.

        [Section 113C inserted: No. 40 of 1987 s. 60; amended: No. 79 of 1987 s. 41; No. 66 of 1990 s. 5; No. 36 of 2000 s. 65; No. 35 of 2012 s. 7; No. 20 of 2021 s. 64.]