Candidate Information
The Candidate's Information Handbook has been updated for the 2008 election and incorporates the provisions of the Electoral Act as they applied at 21 May 2008.
The Electoral Act was amended by the ACT Legislative Assembly on 8 May 2008, with most amendments taking affect on 21 May 2008. Some amendments to reduce disclosure thresholds to $1000 take effect from 1 July 2008. For information about the amendments, see ACT Electoral Legislation.
The handbook is intended to summarise the electoral law relating to candidates for the ACT Legislative Assembly, but is not a substitute for the law. This handbook has been summarised on this page. It is recommended that all prospective candidates should download the Adobe version of the Candidate's Information Handbook (pdf - 195 kb), or contact the ACT Electoral Commission for a printed version.
It may also be relevant for candidates to read the Scrutineer's Information Handbook (pdf - 344 kb). Again, the handbook is intended to summarise the electoral law, but is not a substitute for the law. Forms for appointing scrutineers are available (pdf file - 25 kb).
The Scrutineers Information Handbook on this page incorporates the provisions of the Electoral Act as they applied in January 2008. The Electoral Act has been amended by the ACT Legislative Assembly, with most amendments taking affect on 21 May 2008. This handbook will be updated to take account of these changes in the near future. For information about the amendments, see ACT Electoral Legislation.
Candidates should also familiarise themselves with the ACT Department of Urban Services (now Department of Territory and Municipal Services) brochure entitled "The Code of Practice for the Placement of Moveable Signs in Public Places"
Summary of candidate's handbook
Qualifications
In general, to be eligible to be a Member of the Legislative Assembly (MLA), a person must be:- an Australian citizen;
- at least 18 years of age; and
- an ACT elector or entitled to be an ACT elector.
There are a number of exceptions explained in detail in the full version of the Candidate's Information Handbook.
Nominations
Candidates can be nominated in two ways:
- non-party candidates can be nominated by twenty electors who are entitled to vote for the electorate for which the candidate is being nominated; or
- party candidates can be nominated by the registered officer of the registered political party.
A nomination should be made on the approved form provided by the ACT Electoral Commission. Forms will NOT be available from this site; prospective candidates should contact the Commission for a form.
A deposit of $250 must accompany each candidate's nomination. The deposit must be in cash or banker's cheque. A personal cheque is not acceptable.
The deposit is returned to a candidate if:
- the candidate is elected; or
- at the time at which the candidate is excluded during the counting of preferences, the candidate's total votes equal or exceed 20% of the quota for the election; or
- the candidate is neither elected nor excluded during the counting of preferences, and the candidate's total votes equal or exceed 20% of the quota for the election at any stage of the count.
Candidates will be listed on ballot papers in either "party grouped" or "ungrouped" columns. Party candidates will be grouped together in a column for their party. Where only one party candidate stands in an electorate, that candidate will be listed in an ungrouped column. All non-party candidates will be listed in an ungrouped column. An ungrouped non-party candidate can choose to have the word "Independent" printed under his or her name on the ballot paper.
The Electoral Commissioner will conduct a random draw to determine the position of each group for each electorate. Each particular group will appear in the same column position on every ballot paper for their electorate. The ungrouped column or columns will be listed on the right-hand side of the ballot paper.
Candidates' names will be printed in each column using the "Robson rotation" method. Candidates' names in each column are printed in different orders on consecutive ballot papers so that no candidate in a column has the advantage of appearing in the same position on every ballot paper.
More information on nominations is provided in the Candidate's Information Handbook and details on party registration may be found in the Party Registration Handbook.
Electoral offences
There are a range of electoral offences relating to the responsibilities of candidates and to election campaigning generally. These are explained in full in the Candidate's Information Handbook.
Authorisations for TV and radio political advertising are regulated under the Commonwealth's Broadcasting Services Act 1992. (TV and radio are under Commonwealth jurisdiction under the Constitution.) The responsible authority is the Australian Communications and Media Authority. For the relevant rules for TV and radio political advertising click here.
Requirements for authorising printed electoral matter (including in an electronic form such as an internet site) are regulated under the Electoral Act 1992 and are outlined in the handbook.
Candidates should also familiarise themselves with the ACT Department of Urban Services (now Department of Territory and Municipal Services) brochure entitled "The Code of Practice for the Placement of Moveable Signs in Public Places"
Candidates may appoint scrutineers to represent them at every polling place on polling day and each pre-poll voting centre in the ACT during the 3 weeks before polling day. Candidates may also appoint scrutineers to represent them at every scrutiny centre at which votes are being counted or a "preliminary scrutiny" of declaration votes is taking place.
Scrutineers
Candidates must appoint scrutineers by supplying a written notice to the Electoral Commission. Appointment forms are available for appointing scrutineers (pdf file - 25 kb).
Each scrutineer must sign an undertaking on the approved form (attached to the appointment form) that he or she will not attempt to influence the vote of an elector and that he or she will not disclose any knowledge acquired concerning the vote of any elector.
More information on scrutineers is provided in the Candidate's Information Handbook or in the Scrutineers Handbook.
Election funding
Public funding is available to parties and independent candidates contesting an election. Public funding will be provided at around $1.477 per first preference vote to those parties and independent candidates receiving at least 4% of the formal first preference votes cast in an election.
No person is obliged to accept public funding.
More information on election funding is available from this site or in the Candidate's Information Handbook.
Disclosure of donations and expenditure
All candidates contesting an election are required to submit details of donations received, debts incurred, and expenditure undertaken in relation to the election. These details are made public. More information on disclosure requirements is available from this site or in the Candidate's Information Handbook.
