A person must be duly nominated as a candidate for election before they can be elected to either the Senate or the House of Representatives.

Who is qualified to nominate?
To nominate for either the Senate or the House of Representatives, you must be:

• at least 18 years old;
• an Australian citizen; and
• an elector entitled to vote, or a person qualified to become such an elector.

You cannot nominate for the Senate or the House of Representatives if you:

• are currently a member of a State Parliament or a Territory Legislative Assembly and have not resigned before the hour of nomination (at 12 noon on the Close of Nominations date). As the manner of resignation is governed by State and Territory law, intending candidates should check their resignation is effective before the hour of nomination.
• are disqualified by section 44 of the Constitution and have not remedied that disqualification before nomination.

44. Any person who -
 (i)is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or

(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or

(iii) is an undischarged bankrupt or insolvent; or

(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or

(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

shall be incapable of being chosen or of sitting as a Senator or a member of the House of Representatives.

But sub-section (iv) does not apply to the office of any of the Queen’s Ministers of State for the Commonwealth, or of any of the Queen’s Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen’s navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

Candidates are required to sign a declaration on the nomination form that they are qualified under the Constitution and the laws of the Commonwealth to be elected to the Commonwealth Parliament.

If prospective candidates have any doubts as to their qualifications under the Constitution, the AEC recommends that they seek their own legal advice.

The November 1992 High Court decision in Sykes v Cleary, which voided the election of Mr Phil Cleary as Member of the House of Representatives for the Division of Wills, should be noted. Mr Cleary was disqualified from being chosen as a Member of the House of Representatives under section 44(iv) of the Constitution on the grounds that, as a Victorian State School teacher on leave without pay, he held an office of profit under the Crown.

Commonwealth, State or Territory public servants who wish to nominate for election to the Commonwealth Parliament should resign from the relevant Service before nomination in order to comply with the Constitution. Conditions of re-entry to the various Public Services by unsuccessful candidates are matters for the relevant Public Service authority. The position of local government employees is not clear and it might be that such persons are vulnerable to the office of profit disqualification.

Commonwealth public servants who resign to contest an election and who are unsuccessful may apply for re-appointment or re-engagement under sections 47C or 82B of the Public Service Act 1922. A former officer or former temporary employee is required to be re-appointed or re-engaged subject to certain conditions. Most States and Territories have comparable statutory or administrative provisions. Candidates should enquire about these from the relevant authorities before resigning or nominating.

The Constitutional disqualification on the ground of office of profit applies to permanent members of the Australian Defence Force. The relevant Defence Force authority should be consulted on conditions of resignation and re-entry.

In the Sykes v Cleary decision the High Court also commented on the "foreign allegiance" disqualification in section 44(i) of the Constitution. The majority view of the Court was that naturalised Australian citizens who also have foreign citizenship and are standing as candidates should take "reasonable steps to renounce foreign nationality". The available steps may depend upon foreign law, and intending candidates should enquire of their relevant Embassy or High Commission.

Section 172 of the Act provides that electoral officers can only reject a nomination if the nomination does not comply with certain provisions of the Act. Electoral officers are not generally empowered to question, challenge or provide advice on the declaration made by an intending candidate on the nomination form that they are qualified to be elected as a Member of Parliament under the Constitution and the laws of the Commonwealth.

The election of any Member of Parliament may be challenged within 40 days of the return of the writ, by petition in the High Court sitting as the Court of Disputed Returns under Part XXII of the Act. The Common Informers (Parliamentary Disqualifications) Act 1975 provides penalties for ineligible Members of Parliament.

No candidate may be appointed as an electoral officer of any description either as a permanent officer or as a polling official and if any electoral officer becomes a candidate they must vacate the office. [s.36 of the Act]

When to nominate
It is not possible to nominate as a candidate until the writ for the election has been issued. The writ is deemed to have been issued at 6pm on the day which it is issued.

You can nominate anytime after 6pm on the day the writ has been issued and until 12 noon on the day nominations close, during normal business hours.

The date fixed for the close of nominations must be at least 10 days but no more than 27 days after the issue of the writ and is specified in the writ. The AEC advertises the dates fixed in the writ in at least two major newspapers circulating in each State and Territory, or, if there is only one major newspaper circulating in the State or Territory, in that newspaper.

Nominations must be received by 12 noon on the day nominations close. Bulk nominations of endorsed candidates for the House of Representatives must be lodged 48 hours before the close of nominations.

Late nominations cannot be accepted under any circumstances.

Where to nominate
Nominations for the Senate for a State or Territory must be made at the capital city office of the Australian Electoral Officer (AEO) for that State or Territory.

Nominations for the House of Representatives must be made at the office of the Divisional Returning Officer (DRO) for that Division.

Bulk nominations of endorsed candidates for the House of Representatives must be lodged with the AEO for the relevant State or Territory.

It is the candidate’s responsibility to ensure that their nomination is completed and received by the AEO or DRO (as appropriate) by the close of nominations. Lodgement with Australia Post is not the equivalent of receipt by the AEO or DRO. In addition, for the nomination to be valid it must include both the completed nomination form and the nomination deposit.

It is in the candidate’s interest to lodge their nomination as early as possible. Nominating on the last day may cause problems, particularly if there are deficiencies in the nomination form which require time to resolve.

Faxed nominations
While a facsimile of the nomination form is acceptable, it is the responsibility of the candidate to ensure that the fax is received by the AEO or DRO (as appropriate) before the close of nominations. Candidates are advised to telephone the relevant AEC officer to confirm receipt of the faxed nomination.

A time record on a despatching fax machine is not a record of receipt of the fax by the relevant AEC officer. The possibility of transmission or print delays on receiving fax machines must be considered under such circumstances.

When faxing a nomination form, it is still necessary for both the form and the nomination deposit to be in the hands of the AEO or DRO (as appropriate) by the close of nominations, for the nomination to be valid.

Bulk Nominations
The registered officer of a registered political party may make a bulk nomination of all their endorsed House of Representatives candidates for a particular State or Territory at the one time. However, each of the candidates included in the bulk nomination must complete a separate Part B page of the Bulk Nomination Form.

Bulk nominations must be received by the AEO for the relevant State or Territory 48 hours before the close of nominations.

If a party chooses to lodge a bulk nomination it must include all the candidates that the party is endorsing for the particular State or Territory.

If a bulk nomination is lodged with the AEO and a single nomination for a candidate endorsed by the same party, being one of the candidates in the bulk nomination or not, is lodged with a DRO, the bulk nomination of all that party’s candidates will be invalidated.

If a candidate who was included in a bulk nomination, resigns or dies after the cut-off date for bulk nominations and before the close of nominations, that withdrawal or death does not affect the nomination of the other candidates in the bulk nomination.

Details of AEC offices can be found in the telephone directory or by ringing the AEC on 13 23 26.

Multiple Nominations
A person cannot nominate as a candidate for more than one election held on the same day. Hence it is not possible to nominate for more than one Division for the House of Representatives, or more than one State or Territory for the Senate, or for both the House of Representatives and the Senate.

If a person nominates more than once, all their nominations will be invalid.

Nomination Form
When nominating for either the Senate or the House of Representatives, the following personal information of a candidate must be set out in the nomination form:
the name of the candidate

The name of a candidate must be specified on the form and must comprise:

• their surname and one or more of the Christian or given name/s under which the candidate is enrolled; or
• when a candidate is not enrolled, a surname and one or more of the Christian or given name/s, under which the candidate is entitled to be enrolled.

• an initial standing for that name; or
• a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name).

Candidates are required to set out their residential address.

However, sitting House of Representatives Members who do not reside within the Division they represent, but are enrolled for that Division, may show their enrolled address rather than their place of residence. Similarly, incumbent Senators who are enrolled for an address in the State other than their place of residence may show their enrolled address rather than their place of residence.

A candidate, or nominator of a candidate, who has ‘silent’ enrolment is not required to set out their address on the nomination form. A candidate with silent enrolment must supply the DRO or AEO (as appropriate) with a correspondence address. This address may be a postal address and is not made publicly available.
the occupation details of the candidate

The Act requires these details to be provided.
contact numbers of the candidate

A candidate must provide contact numbers, but can ask that these numbers are not publicly released.
a signed declaration

Each candidate must sign a declaration that they:

• are not constitutionally disqualified from being elected;
• have not nominated for another election to be held on the same day; and
• consent to act if elected.

All nomination forms are publicly produced at declaration time (12 noon, the day after nominations close) and remain public documents from that time.

Nomination forms for the Senate and the House of Representatives are available at AEC offices or by ringing the AEC on 13 23 26.

The forms will also be available here on the AEC’s web site once the writ for the election has been issued.

An endorsed party candidate may be nominated for election by either:

1. The registered officer of the party that is endorsing the candidate

2. Fiftysix electors who are entitled to vote at the election for which the candidate is standing

Only a political party registered by the AEC may request the name of their party to be printed next to their candidate(s) names on the ballot paper. Parties, however constituted, which are not registered with the AEC are not entitled to have a name printed next to their candidate(s) name on the ballot paper.

candidates not endorsed by registered political parties
A candidate who is not endorsed by a party must be nominated by fifty electors, that is, fifty people entitled to vote at the election for which the candidate is standing.

The fifty electors who nominate a Senate candidate must be enrolled for the State or Territory for which the candidate is standing. The fifty electors who nominate a House of Representatives candidate must be enrolled for the Division for which the candidate is standing.

Candidates who are not endorsed by a registered political party may request that the word ‘Independent’ be printed adjacent to their names on the ballot paper provided they are not in a group of Senate candidates.

Senate nominations
A candidate nominating for election to the Senate may be endorsed by a registered political party or may nominate as an independent.

Candidates running as independents may do so individually or as part of a group with other independent candidates.

If candidates are endorsed as part of a group by a registered political party, the name of that party will appear on the ballot paper both above the line and next to each of the candidate’s names below the line.

If different parties combine to form a ‘joint ticket’ then the name of the relevant party will be placed beside each candidate below the line and a composite name will appear above the line.

Specific provisions for nominating apply to an incumbent Senator who is not grouped.

Senate nomination forms
There are three nomination forms for the Senate which cater for the various types of candidates:

• nominate endorsed party candidates, or verify a candidate’s party endorsement;
• request that the party name or abbreviation appear beside a candidate’s name on the ballot paper;
• request the name of the party be printed on the ballot paper beside the group voting square or a composite name if candidates in a group are endorsed by different parties.

• specify the ballot paper order of the candidates’ names in the group;
• request that the name(s) of the registered political party or parties (if any) that endorsed the candidates, or a composite name formed from these names, be printed on the ballot paper.

When nominating as an ungrouped (single) and not endorsed candidate, the candidate may have the word ‘Independent’ printed beside their name on the ballot paper.

Incumbent Senators who may or may not be endorsed, and who wish to remain ungrouped and intend to lodge individual voting ticket(s) must include with their nomination a written declaration to that effect. [s.211A of the Act]

House of Representatives nominations
The same nomination form is issued for House of Representatives candidates whether they are endorsed by a registered political party (unless bulk nominated), or standing as an independent.

There is also a bulk nomination form to enable registered political parties to nominate all their candidates in a particular State or Territory at the one time. The form must be completed by the registered officer of the party, and each candidate being nominated must complete a separate Part B page of the Bulk Nomination Form.

Nomination Deposit
Each nomination for the Senate and the House of Representatives must be accompanied by a deposit paid by legal tender (cash) or a cheque drawn by a bank or other financial institution on itself. Personal cheques cannot be accepted.

Both the nomination form and deposit must be received before 12 noon on the day nominations close.

The deposit required is $700 for each Senate candidate and $350 for each House of Representatives candidate.

The deposit for a Senate candidate will be returned to the payee or someone authorised by the payee in writing if the candidate:

• is elected; or
• in the case of an ungrouped candidate, the candidate’s total number of first preference votes is at least four per cent of the total number of formal first preference votes cast for all candidates in that State or Territory; or
• where the candidate’s name is included in a group, the sum of the first preference votes polled by all the candidates in the group is at least four per cent of the total number of formal first preference votes in that State or Territory.

• is elected; or
• if the candidate’s total number of first preference votes is at least four per cent of the total number of formal first preference votes cast for all candidates in that Division.

Rejection of Nomination
A nomination shall be rejected if the provisions relating to:

• the mode of nominations; and
• to whom the nomination is made; and
• the requisites for nomination; and
• the form of consent to act

A nomination will not be rejected simply because of a formal defect or error in the nomination provided these provisions have been complied with.

Wtihdrawal of Nomination
A candidate may withdraw their nomination until the close of nominations.

The withdrawal notice can be obtained from any AEC office or by calling 13 23 26. Senate candidates must lodge their withdrawal with the AEO for the State or Territory for which they had nominated for. House of Representatives candidates must lodge their withdrawal with the DRO for the Division for which they had nominated for, even if they were one of a number of bulk nominated candidates.

Once the withdrawal notice is in the hands of the relevant AEC officer, the nomination is cancelled and the deposit refunded.

Uncontested election
In a Senate election, if the number of candidates nominated is no greater than the number of candidates to be elected, the AEO declares the candidate(s) duly elected at the declaration time.

In a House of Representatives election, if only one candidate is nominated, the DRO declares that candidate duly elected at the declaration time.

Death of a candidate
For either the Senate or House of Representatives, if a nominated candidate dies before the close of nominations, the nomination period is extended by a day.

In a Senate election, if any candidate dies between the close of nominations and polling day and the number of remaining candidates is no greater than the number of candidates to be elected, those candidates are declared elected. However, if the remaining candidates are greater in number than the number of candidates to be elected, the election proceeds. A vote recorded on a Senate ballot paper for a deceased candidate is counted to the candidate for whom the voter has recorded the next preference and the numbers indicating subsequent preferences are regarded as being altered accordingly. [s.273(27) of the Act].

In a House of Representatives election, if a candidate dies between the close of nominations and polling day the election does not proceed. A new writ is issued for another election in the Division, but this supplementary election is held using the electoral roll prepared for the original election.

Return of deposit on the death of a candidate
If a nominated candidate for either the Senate or the House of Representatives dies before polling day, the deposit lodged is returned to the payee or a person authorised in writing by the payee or, if this was the candidate, to his or her personal representative.