South Australian Consolidated Acts

ELECTORAL ACT 1985 - SECT 53

53—Multiple nominations of candidates endorsed by political party

        (1)         The registered officer of a registered political party may, after the issue of the writ for the election, nominate on the same nomination paper candidates endorsed by the party for election as members of the House of Assembly or the Legislative Council.

        (2)         In order to make a nomination under subsection (1), the registered officer of the party must, at least 48 hours before the hour of nomination, lodge at the office of the Electoral Commissioner—

            (a)         a duly completed nomination paper; and

            (b)         a deposit of the prescribed amount in cash or a banker's cheque in respect of each candidate nominated.

        (3)         A nomination paper must be in a form approved by the Electoral Commissioner and—

            (a)         be signed by the registered officer of the party; and

            (b)         contain a declaration, signed by each candidate, that he or she—

                  (i)         consents to stand as a candidate in the election; and

                  (ii)         is qualified to stand as a candidate in the election; and

                  (iii)         authorises the registered officer to make an application under section 62(1), and to lodge a voting ticket under section 63(1), on behalf of the candidate.

        (4)         The Electoral Commissioner must in respect of each district for which a candidate has been nominated under this section—

            (a)         deliver to the returning officer a copy or facsimile of the nomination paper; and

            (b)         deposit with the returning officer the prescribed amount,

as soon as practicable after the receipt of the nomination paper under this section (and in any event before the hour of nomination).

        (5)         If a nominated candidate, by notice in writing lodged with the appropriate district returning officer before the hour of nomination, withdraws consent to stand as a candidate in an election, the nomination of that candidate is revoked.

        (6)         The returning officer must immediately inform the registered officer of the party of the revocation of the nomination.

        (7)         The registered officer of the party may, if—

            (a)         the nomination of a candidate is revoked; or

            (b)         a nominated candidate dies before the hour of nomination,

nominate some other person as the candidate endorsed by the party for the district by lodging with the appropriate district returning officer before the hour of nomination a duly completed nomination paper.

        (8)         If the registered officer does not nominate another candidate under subsection (7), the deposit paid in respect of a candidate whose nomination has been revoked or a candidate who has died must be returned to the party.

        (9)         A nomination is not invalid because of a formal defect or error if the provisions of this Act have been substantially complied with.

        (10)         A person who is endorsed by a registered political party as a candidate for election but is not nominated under subsection (1) may be nominated as a single candidate for election under section 53A.