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 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.]



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