Electoral Act 1993

Elections - General elections

128C: Withdrawal of list of candidates

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"Withdrawing a list of election candidates: how a party can pull out of an election"

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If you are a secretary of a political party, you can withdraw a list of candidates by giving a signed notice. The notice must be in a form that the Electoral Commission has approved and it must be witnessed as specified in the form. You can find more information about submitting a list of candidates under section 127.

When you withdraw a list of candidates, it only counts if you lodge the notice with the Electoral Commission by noon on the date specified in the writ for the election. If you withdraw a list of candidates, the deposit you paid under section 127A will be returned to you, unless you submit another list of candidates under section 127. You can submit another list of candidates under section 127 if you withdraw a list of candidates.

If you withdraw a list of candidates, you might want to submit another list of candidates. You can do this under section 127. You will need to follow the same rules as when you first submitted a list of candidates.

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Part 6Elections
General elections

128CWithdrawal of list of candidates

  1. A secretary of a political party may, by giving signed notice, withdraw a list of candidates submitted under section 127.

  2. The notice must—

  3. be in a form that the Electoral Commission has approved; and
    1. be witnessed as specified in the form.
      1. No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with 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.

      2. If a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127.

      3. Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127.

      Notes
      • Section 128C: inserted, on , by section 37 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
      • Section 128C(1): replaced, on , by section 66 of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 128C(1A): inserted, on , by section 66 of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 128C(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 128C(2): amended, on , by section 48(1) of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 128C(2A): inserted, on , by section 48(2) of the Electoral Amendment Act 2002 (2002 No 1).