Electoral Act 1993

Elections - General elections

127: Election of list candidates

You could also call this:

"How political parties choose their candidates for Parliament"

Illustration for Electoral Act 1993

When you vote in a general election, some members of Parliament are elected from lists. A registered political party can send a list of candidates to the Electoral Commission. The list must have the candidates in order of preference, with their contact details.

The party's secretary must make a declaration that each candidate is qualified to be elected. The declaration must be made in a specific way, as set out in section 9 of the Oaths and Declarations Act 1957. The secretary must also say if the party has any component parties and give their names.

The list must be sent to the Electoral Commission by noon on the day before nomination day. You can send the list by hand, post, or electronically. The Electoral Commission will give a receipt for every list they accept.

If a party has a registered logo, they can send a copy of it with their list. The logo can be put on the ballot paper next to the party's name. The logo must be sent to the Electoral Commission by noon on the date specified for nominating constituency candidates. You can send the logo by hand, post, or electronically.

The party's secretary must also send a statement from each candidate, saying they agree to be nominated. They must send any statutory declaration made by the candidate, as required by section 49(4)(b).

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Part 6Elections
General elections

127Election of list candidates

  1. At any general election any secretary of a political party that is registered under Part 4 may forward to the Electoral Commission a list of candidates for election to the seats reserved for those members of Parliament elected from lists submitted under this section.

  2. The list must—

  3. list candidates in order of the party’s preference, commencing with the first in order of preference and ending with the last; and
    1. set out the contact details of each candidate; and
      1. contain a declaration made by the secretary, in the manner provided by section 9 of the Oaths and Declarations Act 1957, that states—
        1. that each candidate is qualified to be a candidate and to be elected; and
          1. whether the party is a party in respect of which there are 1 or more component parties; and
            1. if the party has 1 or more component parties, the name of each component party; and
            2. be in a form that the Electoral Commission has approved.
              1. Every list submitted under this section

              2. must be submitted to the Electoral Commission not later than noon on the day before nomination day; and
                1. may be submitted by hand, post, or electronically.
                  1. Repealed
                  2. The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—

                  3. a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate's consent to the nomination; and
                    1. any statutory declaration made by the candidate received under section 49(4)(b).
                      1. Repealed
                      2. The Electoral Commission shall give a receipt in writing for every list accepted by the Electoral Commission.

                      3. Where a list under this section is submitted by a political party that has a logo registered under section 71F, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion—

                      4. on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and
                        1. on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper.
                          1. Every logo submitted under this section—

                          2. must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and
                            1. may be submitted by hand, post, or electronically.
                              Notes
                              • Section 127(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(2): replaced, on , by section 63(1) of the Electoral Amendment Act 2017 (2017 No 9).
                              • Section 127(3): substituted, on , by section 45(1) of the Electoral Amendment Act 2002 (2002 No 1).
                              • Section 127(3): amended, on , by section 63(2) of the Electoral Amendment Act 2017 (2017 No 9).
                              • Section 127(3)(a): amended, on , by section 63(3) of the Electoral Amendment Act 2017 (2017 No 9).
                              • Section 127(3)(a): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(3)(b): amended, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
                              • Section 127(3A): repealed, on , by section 63(4) of the Electoral Amendment Act 2017 (2017 No 9).
                              • Section 127(4): substituted, on , by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(5): repealed, on , by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(6): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(7): added, on , by section 35(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                              • Section 127(7): amended, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
                              • Section 127(8): substituted, on , by section 45(3) of the Electoral Amendment Act 2002 (2002 No 1).
                              • Section 127(8)(a): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                              • Section 127(8)(b): amended, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).