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Australian Electoral Commission
On Sunday 10 November 2024, a segment during the 60 Minutes program highlighted the intentions of two individuals to nominate for a single Senate seat for Victoria in the upcoming federal election.
The AEC has no opinion on the matter from a social standpoint whatsoever, nor the practicalities of two people performing the role of single Senator in a dual capacity. The AEC’s position on the matter is purely about the administration of electoral law and federal elections. The AEC is compelled to administer electoral laws as passed by Parliament, which does not allow two people to nominate for a single Senate or House of Representatives vacancy. The AEC would be required by the Commonwealth Electoral Act 1918 to reject any nomination made by multiple individuals for one candidacy.
Furthermore, the legislated timeframes of a federal election are incredibly tight. This means that very soon after the close of candidate nominations the AEC will be required by law to progress to the printing and distributing ballot papers in order for the voting period to commence in accordance with electoral laws. Resolving legal interpretations and disputes in this period with immutable legislated timelines is incredibly challenging for the AEC and the Courts. Also, if the election was to be held in late May 2025, delays in the election process may impact on the AEC returning the writs before 30 June 2025. This may result in delays for incoming Senators being able to take their seats.
The nomination forms to be a candidate for the House of Representatives or the Senate are prescribed by the Commonwealth Electoral Act 1918. The forms to nominate as a candidate for the Senate can be found in forms C and CA of Schedule 1 to the Electoral Act. These forms only permit one person nominate as a candidate. It is up to the Parliament, and not the AEC, as to whether this requirement is changed.
Beyond the Electoral Act, the AEC also notes commentary by some Constitutional experts and psephologists on constitutional issues with the dual candidacy proposal. Constitutional matters are the responsibility of the Attorney-General and his Department. The Constitution can only be changed via a successful referendum.
The AEC was first asked about the legality of dual candidacy for a single vacancy in early 2023. Responses to the media and members of the public noted that the nomination forms set out in the Electoral Act only permit one person to nominate for a single vacancy.
Given the continued media coverage of the intentions of two individuals to nominate as dual candidates - and in the spirit of transparency, open communication and preparedness – the AEC wrote to the prospective dual candidates in early October 2024. This correspondence reiterated to them that the Electoral Act does not permit dual candidates for a single vacancy and that the AEC would be compelled to reject any such nomination if it is received at the next federal election.
The AEC acknowledges the Traditional Owners of country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.