(1) This section
applies to a single member election.
(1a) The returning
officer shall attend at the place of declaration of nominations for the period
of one hour immediately prior to the hour of nomination.
(2) At the hour of
nomination the returning officer shall publicly produce all nomination papers
received by him under section 81 or 81A(5)(b) between the issue of the writ
and the hour of nomination, and declare the names, occupations, and residences
of all candidates nominated.
(2AAA) Despite subsection (2), the returning
officer must not declare a candidate’s residence if the
candidate’s residence is not shown on the roll because a request under
section 51B has been granted.
(2aa) If there is only
one candidate for election the returning officer shall declare that candidate
duly elected.
(2a) If there are 2 or
more candidates for election the order of the names of the candidates as they
shall be placed on the ballot papers shall be determined as follows —
(a) the
returning officer shall, 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 his 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 shall be placed first on the ballot
papers, the candidate whose name appears on the second slip so obtained shall
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 shall 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 telegraph or other expeditious means,
the names and other particulars of the several candidates in such order and
also advertise those names and particulars in such order on the Commission
website and in any other way the returning officer considers appropriate.
(3) Subject to
section 88(2) the proceedings shall 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.]