Formal Decision on Acceptance
Having verified the validity of nomination papers received (see Responsibilities for Verification of Nomination Data and Errors in Nominations), valid nominations need to be formally accepted. For integrity of the process, in each case the decision to accept or reject the nomination must be that of the legally designated authority, the electoral district manager or other specified officer, of the electoral management body.
Advice of Accepted Nominations
Notification of those nominations that have been accepted needs to be provided to both the candidate or party concerned and the public. Notice should be provided to the candidate/party immediately upon the nomination being accepted or rejected (for an example of a rejection notice, see Rejection of Nomination - Australia, 1996). For nomination periods of longer than a few days, it may be useful to make available to the public and media a progressive daily listing of accepted nominations.
Public Declaration of Accepted Nominations
In all cases, at the close of the nominations process, a formal declaration and a legal instrument (issued to the media and available publicly) announcing the accepted nominations for an election should be issued, and the time, date, and authority by which this is to be done legally defined. The instrument would be issued by the official with legal responsibility for the nominations acceptance process for the particular election. A public declaration can be organised as a useful piece of public theatre before the assembled candidates, with an opportunity for them to address the spirit in which they will conduct their campaign. Where ballot paper positions are determined alphabetically this instrument can form the basis from which the final ballot paper layout is drawn; it is thus essential that the candidate name and/or party or group information on it are carefully verified as correct.
Timing of Public Declaration of Accepted Nominations
It is vital that sufficient time be allowed, between the deadline for receipt of nomination papers by the designated authority and the time of formal announcement of accepted nominations, to allow thorough checking of all nomination papers received. Otherwise, there is the risk of errors with grave implications for the whole election process. The timing of this public declaration of accepted nominations will depend on the complexity and volume of information to be verified prior to acceptance. Even in the most basic nomination systems, however, a period of less than twenty-four hours between deadline for receipt of nomination papers or amendments and declaration of accepted nominations is risky.
Nominations Equal to or Less than Vacancies
It can often occur that the number of candidates nominated for an election is equal to or less than the number of vacancies to be filled by the election. This may occur in both individual electoral districts where a single candidate is to be elected, or in proportional representation using either party lists or other nomination procedures. Legislative provisions should determine the actions to be taken by election administrators if this occurs. It would be common where the number of candidates nominated is equal to the number of vacancies to be filled that:
- the nominated candidate(s) are publicly declared elected at the time and place determined by legislation for public declaration of accepted nominations;
- result documentation for the election is prepared;
- the fact that the election has been completed (canceled) is publicised to voters who now need not turn out to vote;
- further preparations for the election ceases and all relevant material is securely packed and sent to secure storage;
- any staff already engaged and trained or materials and equipment resources acquired for the election may be offered in assistance to other electoral units.
Where nominated candidates are less than the number of vacancies, appropriate methods of dealing with this circumstance may vary according to the electoral system. In single member constituencies, this would mean no candidate has been nominated. It would be more common in such cases for the election to be voided and fresh nominations called for a by-election. However, if there is sufficient time in the election timetable between announcement of nominations and commencement of voting, it can be possible for legislative provisions to allow for the calling of a second round of nominations for the election.
Under proportional representation systems, or multi-member constituencies elected by other methods, legislation will need to specify the actions to be taken if the number of candidates nominating is less than the number of vacancies to be filled. Methods could include:
- if sufficient time is available before the commencement of voting, the calling of a second round of nominations;
- declaring those who have nominated to be elected and leaving the unfilled representative positions vacant until the time of the next general election;
- cancelling the election and commencing a new election process.
Holding an additional 'partial' election for unfilled vacancies under such circumstances is not a viable option under such electoral systems.
It may occur that, where simultaneous elections are to be held in the one electoral district, for one of the simultaneous elections the number of candidates is equal to or less than the number of vacancies, thus no election needs to take place; but for the other elections, candidates are in excess of vacancies. In such cases, staffing, materials, and equipment needs for the election will need to be immediately reviewed to maintain cost-effectiveness and appropriate adjustments made to resource requirements.
Such circumstances could arise, for example:
- for an individual electoral district and for a larger electoral area under such representation systems as mixed member proportional (MMP);
- for different chambers of a legislature.
