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Are you thinking of standing for election to the Commonwealth Parliament? This pamphlet outlines the steps you will need to follow to nominate as a candidate for the Senate or the House of Representatives.

The AEC can assist you by providing information of a general nature about the nomination process, but it cannot provide you with legal advice.

Prospective candidates must satisfy themselves about their own legal positions and if necessary refer to the exact provisions of the Constitution and the Commonwealth Electoral Act 1918 and consult their own lawyers.

The information in this pamphlet is current at September 2007.

• Step 1: Determine your eligibility
• Step 2: Complete a nomination form
• Step 3: Arrange your nomination deposit
• Step 4: Decide whether you want to appoint an agent
• Step 5: Lodge your nomination and deposit
• Step 6 (for Senate groups and incumbent independents only): Lodge a voting ticket
• Where to get more information

Step 1: Determine your eligibility

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 or territory parliament and have not resigned before the hour of nomination; or
• are disqualified by section 44 of the Constitution and have not remedied that disqualification before the hour of nomination.

You might be disqualified under section 44 of the Constitution if, for example, you have dual citizenship and have not taken reasonable steps to renounce your ‘foreign allegiance’ before nomination, or if you are a federal, state or territory public servant and have not resigned your ‘office of profit under the Crown’ before nomination.

If you have any doubts as to your qualifications under the Constitution, the AEC recommends that you seek your own legal advice. The AEC does not provide legal advice to prospective candidates.

See No. 19 - Constitutional Disqualifications and Intending Candidates [PDF 56k]

Step 2: Complete a nomination form

You can print a nomination form from the Nominations page or you can obtain one from any AEC office or by phoning 13 23 26. For help filling out a nomination form, please see the sample completed nomination forms. These have been developed to assist candidates and parties with the nomination process.

Please note, however, that they cannot be lodged with the appropriate officer until after the issue of the writ for the election.

There are different forms for the Senate and the House of Representatives. Note that you can only nominate for the Senate in one state or territory, or for one House of Representatives division. If you nominate more than once, all your nominations will be invalid.

Senate forms

There are five nomination forms for the Senate:

• Form 1: Multiple party group nomination by a registered officer
• Form 2: Group nomination by a registered officer
• Form 3: Group nomination by 50 electors
• Form 4:Single nomination by a registered officer
• Form 5: Single nomination by 50 electors.

House of Representatives forms

There are three nomination forms for House of Representatives candidates:

• Form 1: Bulk nomination of endorsed candidates by a registered officer
• Form 2: Single nomination of an endorsed candidate by a registered officer
• Form 3: Single nomination of an unendorsed candidate by 50 electors

What goes on the form

Personal information

On the form you must provide your name, place of residence (unless you are a ‘silent’ elector) and occupation. You must nominate using the name under which you are enrolled or entitled to be enrolled.

If you are a silent elector, you are not required to set out your address on the nomination form, but you must provide a correspondence address. This address may be a postal address and is not made publicly available.

You must also provide contact numbers, although you can request that these numbers not be publicly released.

Declaration

You must sign a declaration on the nomination form that you:

• are an Australian citizen;
• are at least 18 years of age;
• are an elector or qualified to be an elector;
• are qualified under the Constitution and other laws of the Commonwealth;
• are not and do not intend to be a candidate in any other election on the same day; and
• consent to act if elected.

Support for your nomination

If you are endorsed by a registered political party, the nomination form should include verification of your endorsement by the registered officer of the party.

If you are not being nominated by a political party, or if you are standing as an independent, your nomination must be supported by 50 electors who are entitled to

vote at the election in the state or territory (for Senate candidates) or the division (for House of Representatives candidates) for which you are nominating.

If you are a Senator or a member of the House of Representatives who was elected as an unendorsed candidate at the previous election, your nomination may be supported by only one elector entitled to vote at the election in the state or territory (for Senate candidates) or the division (for House of Representatives candidates) for which you are nominating.

Step 3: Arrange your nomination deposit

Your nomination must be accompanied by a deposit paid by cash or a cheque drawn by a bank or other financial institution on itself. Personal cheques cannot be accepted.

The deposit required is $1,000 for each Senate candidate and $500 for each House of Representatives candidate.

Refund of deposit

The deposit will be returned to the person who paid it or someone authorised by that person in writing if the candidate or Senate group is elected or receives at least 4 per cent of the first preference votes (conditions apply—for details, see the Candidate’s Handbook).

Other candidates forfeit their deposit.

Step 4: Decide whether you want to appoint an agent

All candidates (including Senate group members) and Senate groups (other than those endorsed by a single party) have financial disclosure responsibilities. Election financial disclosure returns must be completed setting out electoral expenditure incurred and amounts received. These return forms must be lodged with the AEC within 15 weeks after election day.

In addition, following the election you may be eligible for election funding. The current rate is 210.027 cents per eligible vote.

Candidates (including Senate group members) and Senate groups (other than those endorsed by a single party) may appoint an agent to act on their behalf on election funding and financial disclosure matters. To appoint an agent, an appointment of agent form must be completed and lodged with the AEC before the close of nominations. The appointment is valid for a single election only.

Senate groups: If no agent is appointed for a Senate group, the candidate whose name appears first on the ballot paper is deemed to be the agent for the group.

Candidates: If you do not appoint an agent you are deemed to be your own agent and must fulfil your own funding and disclosure responsibilities.

Note that the agent of a party is not automatically a candidate’s agent. Agents must be specifically appointed.

Senate groups endorsed by a single political party do not lodge election financial disclosure returns. Their disclosure is included in political party annual financial disclosure returns.

Further information on appointing an agent is available in the Funding and Disclosure Handbook for Candidates

Step 5: Lodge your nomination and deposit

Where to nominate

If you are nominating for the Senate for a state or territory, your nomination and deposit must be made at the capital city office of the Australian Electoral Officer (AEO) for that state or territory.

If you are nominating for the House of Representatives for a federal division, your nomination and deposit must be made at the office of the Divisional Returning Officer (DRO) for that division.

Bulk nominations for the House of Representatives for a state or territory must be made at the capital city office of the AEO for that state or territory.

For a nomination to be valid, both the nomination form and the nomination deposit must be in the hands of the AEO or DRO (as appropriate) by the relevant close of nominations.

It is your responsibility to ensure that your nomination is completed and that the AEC has received it by the relevant close of nominations.

When to nominate

You can nominate as a candidate during business hours after 6 pm on the day the writ is issued. Single nominations must be lodged by 12 noon on the day nominations close. Bulk nominations must be lodged not less than 48 hours before the close of nominations.

Late nominations will not be accepted under any circumstances.

Options for lodging your nomination

In person

You may lodge your nomination at the relevant AEC office.

By post

Be aware that lodgment with Australia Post is not the equivalent of receipt by the AEC.

By fax

It is your responsibility to ensure that the fax is received by the AEO or DRO (as appropriate) before the close of nominations and you must arrange to lodge your deposit in time and by another means.

By faxing the form you must agree that the time of receipt is the time when the form enters the AEC’s information system, for example the fax machine or fax to email memory. The AEC is not responsible for any deadlines missed or losses incurred.

No other kind of electronic communication will be accepted.

Withdrawal of nomination

You can withdraw your consent to a nomination up until the hour of nominations, but not after nominations have closed.

Step 6 (for Senate groups and incumbent independents only): Lodge a voting ticket

Within 48 hours after the close of nominations, a Senate group or incumbent independent may lodge with the AEO for their state or territory a written statement setting out a preference ordering of all candidates in the election. Notice of intention to lodge a voting ticket must be given to the AEO before close of nominations.

Where to get more information

Further information is available in the Candidate’s Handbook and from all AEC offices, by phoning 13 23 26. For help filling out a nomination form, please see the sample completed nomination forms.