Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTORAL ACT 1907 - SECT 87

87 .         Proceedings on nomination day — Council election

        (1)         This section applies to an election in a region and not to an election in a district.

        (2)         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.

        (3)         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.

        (4)         If there are not more candidates for election than the relevant number the returning officer shall declare that candidate or those candidates, as the case may be, duly elected.

        (5)         If there are more candidates for election than the relevant number and they comprise or include 2 or more groups the order of the groups 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 group, a slip bearing the names of the candidates in the group, and deal with the slips in accordance with Schedule 2;

            (b)         the group whose names appear on the first slip obtained by the returning officer in accordance with clause 5 of Schedule 2 shall be placed first on the ballot papers, the group whose names appear on the second slip so obtained shall be placed second on the ballot papers, and so on, until the placing of all the groups on the ballot papers has been determined.

        (6)         If there are more candidates for election than the relevant number and 2 or more of them are not included in a group, the order of the names of the candidates not included in a group 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 of those candidates, a slip bearing his name, and proceed to 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 clause 5 of Schedule 2 shall, of those candidates, be placed first on the ballot papers, the candidate whose name appears on the second slip so obtained shall, of those candidates, be placed second on the ballot papers, and so on, until the placing of all the names of the candidates on the ballot papers has been determined.

        (7)         As soon as is practicable the returning officer shall advertise the names and other particulars of the several candidates, in the order prescribed by section 113B, in a newspaper circulating in the region.

        (8)         Subject to section 88(1) the proceedings shall then stand adjourned to polling day.

        [Section 87 inserted by No. 40 of 1987 s. 48; amended by No. 79 of 1987 s. 27; No. 36 of 2000 s. 39 and 41; No. 64 of 2006 s. 53.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback