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Electoral Act 1993

Elections - General elections

128: Acceptance or rejection of lists by Electoral Commission

You could also call this:

"Electoral Commission checks and decides if a list of candidates is okay or not"

Illustration for Electoral Act 1993

The Electoral Commission must reject a list of candidates if it is not from a registered political party. They must also reject it if it is not given to them by noon on the day before nomination day. You need to have at least one candidate on the list for it to be accepted.

If a candidate is not qualified to be elected, or if they did not give their consent to be on the list, the Electoral Commission will remove their name. The order of the remaining candidates on the list will then be changed. If all the candidates are removed from the list, the Electoral Commission will reject the list because it does not have any candidates.

The Electoral Commission will check the list to make sure it meets all the requirements, such as having a declaration as required by section 127(2)(c) and paying the deposit as required by section 127A. You can find more information about these requirements in the Electoral Act 1993. The Electoral Commission will use section 127 to guide their decision when checking the list.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309442.

Topics:
Government and voting > Elections
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Part 6Elections
General elections

128Acceptance or rejection of lists by Electoral Commission

  1. The Electoral Commission must reject a list submitted under section 127—

  2. if the list is not submitted by a political party registered under Part 4; or
    1. if the list is not lodged with the Electoral Commission by noon on the day before nomination day; or
      1. if the list does not contain the name of at least 1 candidate; or
        1. if the list does not contain the declaration required by section 127(2)(c); or
            1. if the deposit required by section 127A is not paid by noon on the day before nomination day.

              1. Where—

              2. any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or
                1. the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on the day before nomination day,—
                    1. the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.

                  1. If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

                  Notes
                  • Section 128 heading: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                  • Section 128(1): substituted, on , by section 47 of the Electoral Amendment Act 2002 (2002 No 1).
                  • Section 128(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                  • Section 128(1)(b): amended, on , by section 65(1) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 128(1)(b): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                  • Section 128(1)(d): replaced, on , by section 32 of the Electoral Amendment Act 2022 (2022 No 80).
                  • Section 128(1)(da): repealed, on , by section 14 of the Electoral Amendment Act 2009 (2009 No 1).
                  • Section 128(1)(e): amended, on , by section 65(2) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 128(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                  • Section 128(2)(b): amended, on , by section 65(3) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 128(2)(b): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).