When Is Next Election for House of Representatives
13 January 2020
PDF version [351KB]
Rob Lundie, updated past Laura Schatz and Damon Muller
Politics and Public Administration Department
Contents
Introduction
The Republic
The rules
Firm of Representatives election
Half-Senate election
Simultaneous one-half-Senate and Firm of Representatives ballot
Double dissolution ballot
Next Commonwealth election
Table 1: Commonwealth elections—Next election dates
Tabular array two: Republic elections—Simultaneous one-half-Senate and House of Representatives election possible timetables
Tabular array 3: Democracy Parliament—Double dissolution election possible timetables
States and territories
Table 4: States and territories—Next ballot dates
Northern Territory
Australian Capital Territory
Queensland
Western Australia
Tasmania
South Commonwealth of australia
Victoria
New South Wales
Local government
Table 5: Local councils—Next election dates
Western Australia
Queensland
New South Wales
Victoria
Northern Territory
Tasmania
South Australia
All elections
Table vi: Timeline of election dates 2019–2023
Appendix A: The election timetable. 15
Introduction
This Research Newspaper provides a cursory overview of the rules for determining the next Commonwealth, state, territory and local regime elections. The newspaper lists the date of the next ballot where this is fixed, or, where applicable, the earliest and latest possible dates on which it may occur. For an explanation of the balloter systems for federal, land and territory jurisdictions encounter the Enquiry Paper by Scott Bennett and Rob Lundie entitled, Australian Electoral Systems, [ane] and the Inquiry Paper past Damon Muller entitled The New Senate Voting System and the 2022 Ballot, which describes reforms to the Senate voting organisation—the largest reform to Australia's federal voting system in over 30 years—introduced in 2016.[two]
The Commonwealth
The rules
While the calling of a Democracy ballot is partly a matter of political judgement and timing, a constitutional and legislative framework governs the electoral timetable and process. The Australian Constitution requires periodic elections for both Houses of Parliament, with separate provisions reflecting the unlike constitutional role of each House. The maximum term of the House of Representatives is set by section 28 of the Constitution, which states:
Every House of Representatives shall continue for three years from the beginning coming together of the House, and no longer, simply may be sooner dissolved by the Governor-General.[3]
The Constitution[4] and the Democracy Electoral Act 1918[5] (CEA) provide the following timetabling provisions for elections (annotation that the specific dates for the relevant election are prepare out in the writ):[6]
- writs are to be issued for the ballot of Members of the House of Representatives and Senators for the Territories by the Governor-General within 10 days post-obit the expiry of the House, or proclamation of its dissolution (Constitution, department 32; CEA, section 151)
- writs are to be issued for the election of Senators for the states by the land Governors within ten days following the expiry of the Senate, or announcement of its dissolution (Constitution, section 12)
- the rolls close at 8pm[7] on the 7th day after the appointment of the writ (CEA, section 155)
- nominations of candidates close at 12 pm not less than x days nor more than than 27 days after the date of the writs (CEA, section 156; department 175). A asking that candidates be grouped together in one column on the Senate ballot newspaper nether CEA, department 168 must be submitted together with the nomination itself. A request that the party name appear adjacent to the proper noun of the candidate nether CEA, department 169 can be made at any time earlier the close of nominations
- the declaration of candidates occurs at 12 pm on the day later nominations close (CEA, section 175)
- pre-poll voting cannot begin earlier than the fifth day after the declaration of nominations (CEA, section 200D(four))[8]
- the polling twenty-four hour period shall non exist less than 23 days nor more than 31 days after the appointment of nomination (CEA section 157)
- the election must be held on a Sabbatum (CEA, department 158)
- the writ must be returned no more than 100 days afterwards the issue of the writ (CEA, section 159)[9]
- following the return of the writ, there is a period of forty days during which the Australian Electoral Commission (AEC), a candidate at the election in dispute, or any person who was qualified to vote at that election, may club a petition with the High Court interim as the Court of Disputed Returns challenging the event of the election (CEA, section 355; department 357) and[10]
- Parliament must meet not later than 30 days after the date appointed for the render of the writs (Constitution, section 5). Parliament may encounter before the appointed date for the render of the writs if the writs have been returned[eleven]
- The time immune from the expiry or dissolution of the House to polling day is therefore non less than 33 days and not more than than 68 days. These timings are summarised in Appendix A
- The Regime, in its advice to the Governor-Full general, may employ this flexibility effectually timings in club to ensure that the key election events do not land on inconvenient days. For instance, the writ for the 2022 federal ballot was timed and so that milestones such as the shut of rolls or the start of early voting did not occur on public holidays (such every bit Anzac Day) or over the Easter long weekend.[12]
House of Representatives election
A Firm of Representatives election can exist requested at any fourth dimension but, if the Authorities has command of the House and is able to proceed with its legislative program, the Governor-General is highly unlikely to agree to such a request within the first twelvemonth of a new parliament.[13]
The latest possible date of the side by side election is within 68 days from the expiry of the House. Every bit the 46th Parliament beginning met on Tuesday two July 2019, it is therefore due to expire on Friday 1 July 2022.[14] The election for the House of Representatives must therefore be held past 3 September 2022, the last Sabbatum within this 68 day menstruum. Withal, an election may be held at any time earlier that date. Generally, elections are called well before there is a constitutional or legal necessity.
There has been only one instance of an ballot being held after a parliament expired through effluxion of time. This occurred in 1910. In more contempo times, Prime number Minister William McMahon has gone closest to a total-term parliament, dissolving the Firm in 1972 after two years, eleven months and eight days. The 41st Parliament nether Prime Minister John Howard as well went close, with a term from xvi Nov 2004 to 17 October 2007, of two years, 11 months and 1 day. The length of the 45th Parliament was determined largely by the requirement to hold a half-Senate election, as discussed in the next section.
Half-Senate election
Unlike the House of Representatives, the Senate is a continuing body. One-half the state senators' terms expire on thirty June every 3 years, except in the example of a simultaneous dissolution of both Houses equally occurred for the election on ii July 2016. Section 13 of the Constitution requires that an election be held within ane year before the places of retiring senators become vacant. The terms of senators for the territories coincide with those of the Business firm of Representatives.
At that place is no constitutional requirement that elections for the Firm of Representatives and state senators exist held simultaneously. They are by and large held together, primarily to avoid the duplication of costs in holding separate elections and because it is felt that voters would not look kindly upon a government that chosen separate elections. The final time a half-Senate only election was held was in 1970.[15]
If the elections for the House of Representatives and half the Senate are to be held simultaneously, the date must adapt with the constitutional provisions relating to the terms of Senators and the flow during which the Senate election must be held.
The terms of senators elected in 2022 for half dozen year terms volition elapse on 30 June 2022.[xvi] Territory Senators serve three years merely their terms are tied to the House of Representatives and consequently the timing of House/General elections (CEA, section 151). Therefore, in theory, the next half-Senate election must be held between 1 July 2022 and 30 June 2022. However, it is generally considered that the election is a menstruation that begins with the issue of the writ and, every bit such, a half-Senate election effectively cannot be held in July 2022 given the minimum 33 days from expiry/dissolution to polling day. Then the earliest possible date for such an ballot is Saturday seven August 2021.[17]
Similarly, practicalities of timings between polling day and the swearing in of new Senators has traditionally precluded June from being available for half-Senate elections. Allowing for a maximum election period, the latest date for the next one-half-Senate ballot would exist Sat 21 May 2022. This date allows for the maximum 100 day period after the effect of the writs, which would happen on Tuesday 22 March, to their return past thirty June 2022 and so that the elected Senators could take their seats on 1 July 2022.
Note, all the same, that the latest date is non nearly as fixed as the earliest. Section 159 of the CEA requires a maximum of 100 days for return of the writs; in practice, the Governor-General, on communication from the Prime number Minister, could specify less time.[18]
Simultaneous half-Senate and House of Representatives election
Every bit House of Representatives and half-Senate elections are usually held together, the primeval date for a simultaneous election would be Sabbatum, vii August 2021.
The latest possible date for a one-half-Senate ballot is Saturday 21 May 2022, so the latest possible engagement for a simultaneous (half-Senate and House of Representatives) election is the same date.
Double dissolution election
Section 57 of the Constitution provides that both houses may be simultaneously dissolved should in that location be a legislative deadlock between them. A deadlock occurs only when a three-month period has elapsed betwixt the Senate rejecting a Bill and the Business firm passing information technology a second time only for information technology to be rejected over again.[xix] Once these weather have been met, a double dissolution election can be called, though not inside six months of the expiry date (currently Friday 1 July 2022) for the Firm of Representatives. This ways that the last possible date for the dissolution of both houses of the current parliament is Fri 31 December 2021.
If at that place is a double dissolution of the Parliament on Friday 31 December 2021, the usual timetabling requirements use. The writs must be issued within ten days of the dissolution, that is, by 10 Jan 2022. The writs may exist issued on the aforementioned day as the dissolution occurs, merely as section 12 of the Constitution requires the writs for Senate elections to be issued by the Country Governors, these writs may not necessarily be issued on the same day as the dissolution. Should the writs be issued on the same day (31 December), and the shortest times apply, nominations would close on 10 Jan, and polling would be on Saturday 5 February 2022.
Should the maximum times utilize, the writs would have to be issued by 10 January 2022 and nominations would have to shut by 6 February 2022. The latest possible polling date for a double dissolution ballot is Saturday 5 March 2022.
Side by side Commonwealth election
The most common types of election have been either a simultaneous half-Senate and House of Representatives election, or a double dissolution ballot. For either type of election, the Authorities has ordinarily opted for a short entrada menstruum,[20] even so the 2022 double dissolution campaign which went for 54 days. The Authorities also commonly tries to avert having an election campaign over the Easter period, although the 2022 election was held over the Easter period. As Easter Sunday is on 17 April in 2022, this may be a factor if an ballot is considered in that yr.
Tables 1-3 below set out the earliest and latest election dates, and possible election timetables, for these two types of elections. Because at that place are limits as to when either type of election can be chosen, to constitute the latest polling date the maximum timetable menstruum must be used. It should be noted that in Tabular array 2 and Table iii these are theoretical limits. For practical, political and financial reasons, a government is unlikely to have a maximum campaign menstruation of 68 days or a pre-poll menstruum of 28 days.
Table i: Democracy elections—Next election dates
Concluding ballot | Earliest date | Latest engagement | |
---|---|---|---|
Simultaneous half-Senate and House of Representatives | xviii May 2019 | seven Baronial 2021 | 21 May 2022 |
House of Representatives | iii September 2022 | ||
Half-Senate | 7 August 2021 | 21 May 2022 | |
Double dissolution | ii July 2016 | 5 March 2022 |
Source: Parliamentary Library.
Table 2: Commonwealth elections—Simultaneous half-Senate and Firm of Representatives ballot possible timetables
Dates for earliest possible election, with a minimum election catamenia | Dates for latest possible election, with a maximum election menstruation | |
---|---|---|
Death/dissolution of Parliament | 1 July 2021 | 12 March 2022 |
Upshot of Writs (inside 10 days from expiry/ dissolution of Parliament) | 1 July 2021 | 22 March 2022 |
Close of Rolls (seven days later issue of writs) | 8 July 2021 | 29 March 2022 |
Close of Nominations (at 12 pm non less than 10 days nor more than 27 days afterward the issue of writs) | xi July 2021 | 18 April 2022 |
Declaration of Nominations (at 12 pm one day after close of nominations) | 12 July 2021 | 19 April 2022 |
Pre-poll voting can begin (non less than the fifth day after the declaration of nominations) | 17 July 2021 | 24 Apr 2022 |
Polling Day (on a Sabbatum non less than 23 days or more than than 31 days after the close of nominations) | 7 August 2021 | 21 May 2022 |
Return of Writs (no more than than 100 days after the issue of the writs) | 9 October 2021 | 30 June 2022 |
Meeting of Parliament (not later than 30 days after the date appointed for the return of the writs merely may meet earlier that appointment if the writs have been returned)[21] | 11 October 2021[22] | ii August 2022[23] |
Source: Parliamentary Library.
Table 3: Commonwealth Parliament—Double dissolution ballot possible timetables
Dates for primeval possible election, with a minimum election period | Dates for latest possible election, with a maximum election menstruum | |
---|---|---|
Expiry/dissolution of Parliament | 31 December 2021 | 31 December 2021 |
Effect of Writs (within x days from expiry/dissolution of Parliament) | 31 December 2021 | x January 2022 |
Shut of Rolls (seven days afterwards issue of writs) | 7 January 2022 | 17 January 2022 |
Close of Nominations (at 12 pm not less than 10 days or more than 27 days after the issue of writs) | 10 January 2022 | six February 2022 |
Proclamation of Nominations (at 12 pm one mean solar day subsequently shut of nominations) | eleven January 2022 | 7 February 2022 |
Pre-poll voting tin brainstorm (not less than the fifth day after the annunciation of nominations) | 16 Jan 2022 | 12 February 2022 |
Polling Solar day (not less than 23 days nor more than than 31 days after the close of nominations) | 5 Feb 2022 | five March 2022 |
Return of Writs (no more than than 100 days after the issue of the writs) | 10 April 2022 | 20 April 2022 |
Meeting of Parliament (not later than 30 days after the engagement appointed for the return of the writs merely may meet before that appointment if the writs have been returned) | xi April 2022 | 24 May 2022[24] |
Source: Parliamentary Library.
States and territories
Each land and territory has its ain provisions as to when elections are held. Table 4 below sets out when the next elections will be held for the lower firm of each land and territory (with the exception of Tasmania, for which simply an estimate can be offered). All states, except Queensland, have bicameral parliaments. Queensland and the territories are unicameral.
There are usually exceptional circumstances in which early elections can be called and they vary slightly from parliament to parliament. They include such things as the government losing the confidence of parliament, parliament failing to pass a money Nib for the ordinary services of government, parliament failing to pass a 'Bill of special importance' on two occasions, the appointment of the ballot clashing with the engagement for the Commonwealth election (CEA, section 394), or if at that place is a natural disaster.
Table four: States and territories—Side by side election dates
Well-nigh recent | Next election date | |
---|---|---|
NT | 27 August 2016 | 22 Baronial 2022 (fixed) |
Human activity | 15 October 2016 | 17 October 2020[25] (stock-still) |
Qld | 25 Nov 2017 | 31 Oct 2022 (stock-still thereafter)[26] |
WA | eleven March 2017 | 13 March 2022 (fixed) |
Tas. | 3 March 2018 | Around mid-2022 (not stock-still)[27] |
SA | 17 March 2018 | 19 March 2022 (fixed) |
Vic. | 24 November 2018 | 26 November 2022 (stock-still) |
NSW | 23 March 2019 | 25 March 2023 (fixed) |
Source: State and territory electoral commissions; Parliamentary Library.
Northern Territory
Section 17 of the Northern Territory (Self-Government) Act 1978[28] (Cth) determines that the Legislative Assembly has a maximum four-year, stock-still term. Department 23(1) of the Balloter Act 2004[29] states:
For determining the date for a general ballot if the previous general ballot was not an extraordinary general ballot, the general election is to be held on the fourth Sabbatum in August in the 4th year later on the twelvemonth in which the previous general election was held.
However, if an extraordinary full general election has been held because the Government either lost the confidence of the Assembly or an cribbing Pecker was rejected past, or failed to pass, the Assembly,[30] section 23(two) dictates that 'the general election is to be held on the quaternary Saturday in August in the tertiary year after the yr in which that boggling general ballot was held'.
Australian Capital Territory
The Legislative Assembly has a fixed term. Section 100 of the Balloter Human action 1992[31] prescribes that elections are to be held on the third Sabbatum in October every iv years. If the date clashes with a Commonwealth election, and then information technology must be deferred until the starting time Saturday in December. Furthermore, the election would also non occur if there has been an extraordinary election held within six months before the October date. An extraordinary ballot [32] may be held for case, considering the Governor-Full general has dissolved the Assembly,[33] or because the Primary Government minister has lost the conviction of the Assembly.[34]
Queensland
At a plebiscite on 19 March 2016, Queenslanders voted to approve a Bill to movement from a maximum iii-year term to a fixed four-year parliamentary term from the date appointed for the return of the writs. The Constitution (Stock-still Term Parliament) Amendment Act 2015[35] provides for an ballot to exist held on the fourth Sabbatum in Oct every four years. However, this provision volition not come into effect until after the 2022 election.
Western Australia
On 11 November 2011, the Western Australian Parliament passed the Electoral and Constitution Amendment Act 2011[36] which established a fixed election date. Elections are held on the second Sat in March, every four years.[37]
Tasmania
Section 23 of the Constitution Act 1934[38] stipulates that the Tasmanian House of Assembly (the lower house) has a maximum four-year term from the day of the return of the writs. The election appointment is not fixed and can exist called at any fourth dimension with the Governor's agreement. The Balloter Act 2004[39] governs the procedure of elections.
Section 19 of the Constitution Deed states that elections for the Legislative Council (the upper house) are to be held on the start Saturday in May every year. Elections are on a six-yr periodic bike with elections for iii members being held in one twelvemonth, for ii members the next year and then on.[xl]
South Australia
The South Australian House of Assembly (lower house) has a fixed, 4-year term. According to section 28 of the Constitution Act 1934[41] (SA) a general election of members of the Business firm of Assembly must be held on the third Saturday in March every four years unless this engagement falls on the mean solar day afterwards Good Friday, occurs within the aforementioned month as a general election of members of the Commonwealth House of Representatives or the bear of the ballot could be adversely affected past a state disaster. In conjunction with the Assembly election, an election is as well held for 11 members of the Legislative Quango (upper house).[42]
The Governor may also dissolve the Assembly and phone call a general election for an earlier date if the Government has lost the conviction of the Assembly or a Bill of special importance has been rejected by the Legislative Council.[43] Both the Council and the Associates may also exist dissolved simultaneously if a deadlock occurs betwixt them every bit outlined in section 41 of the Human activity.
Victoria
The Legislative Associates (the lower house) has a fixed, iv-year term. Department 38 of Victoria'southward Constitution Act 1975[44] stipulates that, barring exceptional circumstances (for example, the date clashes with a Commonwealth election), elections are held on the last Sabbatum in Nov every four years.[45]
According to section 38A of the Constitution Act 1975, elections for Legislative Council (upper house) members are held on the aforementioned twenty-four hour period as those for the Legislative Assembly. The ballot process is governed by the Balloter Act 2002.[46]
New South Wales
The Legislative Assembly (lower house) has a fixed term unless, discipline to section 24B of the Constitution Human activity 1902,[47] the Government has lost the conviction of the Assembly or an appropriation Bill has been rejected or failed to have been passed by the Associates. According to sections 24A and 24B of the Deed, for stock-still term elections, the elections are to be held on the 4th Sat in March every 4 years, unless this would mean they would exist held during the same catamenia equally a Commonwealth ballot, during a holiday period or at any other inconvenient fourth dimension.[48]
According to the Sixth Schedule and section 22A(iii) of the Constitution Human action 1902, elections for half of the Legislative Council (upper firm) are held simultaneously with each Legislative Associates full general election. The election process is governed by both the Electoral Act 2017[49] and the Constitution Deed 1902.
Local regime
There are local councils in every land and territory except the ACT. Each state and territory has its own provisions as to when elections are held. The post-obit table sets out the most recent council elections and when the side by side council elections are due.
Table 5: Local councils—Next ballot dates
State/Territory | About recent | Next ballot | Comments |
---|---|---|---|
Western Australia | 21 October 2017 | xix October 2019 | Councillors are elected for 4 years in WA. Elections are held every 2 years for half the council[50] |
Queensland | 19 March 2016 | 28 March 2020 | |
New Due south Wales | nine September 2016 | 13 September 2020 | |
nine September 2017 | thirteen September 2020 | Some NSW councils had their elections deferred due to the formation of new councils and were unable to participate in the 2022 NSW local government elections[51] | |
Victoria | 4–21 October 2016 | 5–23 October 2020[52] | Councils conducting postal vote elections |
22 October 2016 | 24 Oct 2020 | Councils where voters must nourish a voting centre | |
Northern Territory | 26 August 2017 | 28 August 2021 | |
Tasmania | viii–30 October 2018 | 11–25 October 2022 | Postal voting simply |
South Australia | ix November 2018 | eleven November 2022[53] |
Source: Country and territory electoral commissions; Parliamentary Library.
Western Australia
Department 4.7 of the Local Authorities Act 1995[54] stipulates that elections for local councils are held every two years on the 3rd Saturday in Oct. The process for conducting local quango elections in WA is determined according to a process outlined in Part 4 of the Local Government Act 1995.
Queensland
Section 23 of the Local Authorities Electoral Act 2011[55] stipulates that local council elections are to be held every four years on the last Saturday in March. The processes for holding local quango elections are outlined in the Local Government Balloter Act 2011.
New S Wales
Elections for local councils are held every four years on the 2d Saturday in September. This is adamant according to a process outlined in Chapter x of the Local Government Human activity 1993.[56]
Victoria
According to Section 31 of the Local Government Act 1989[57] elections for local councils are held every 4 years on the 4th Saturday in October. The process for holding local council elections is set out in Part 3 of the Local Government Human action 1989.
Northern Territory
Section 85 of the Local Government Act 2008[58] states that elections for local councils must be held every iv years, on the 4th Sabbatum in August. The conduct of local elections in the NT is determined by a process outlined in Chapter viii of the Local Authorities Act 2008.
Tasmania
All aldermen, councillors, mayors and deputy mayors are elected by full postal voting for four-year terms during a two-week period ending on the last Tuesday in Oct every iv years. The period is determined co-ordinate to a process outlined Role 15 of the Local Government Human action 1993.[59]
S Australia
According to Section 5 of the Local Regime (Elections) Deed 1999,[60] elections for local councils must be held every four years on the terminal business day earlier the second Saturday in November. Local election processes are outlined in Parts 2–ten of the Local Authorities (Elections) Act 1999.
All elections
Table 6 below sets out the elections which are due across all jurisdictions for the next few years. It does not include supplementary elections, by-elections or separate legislative council elections.
Table half dozen: Timeline of election dates 2019–2023
Election Date (actual or due) | Jurisdiction and Blazon of Election |
---|---|
2019 | |
19 October | Western Australia (local) |
2020 | |
28 March | Queensland (local) |
22 August | Northern Territory (territory) |
xiii September | New Due south Wales (local) |
17 October | Australian Upper-case letter Territory (territory) |
Betwixt five and 23 October | Victoria (local—for councils conducting a postal vote election) |
24 October | Victoria (local—for councils where voters must attend a voting center) |
31 Oct | Queensland (state) |
2021 | |
xiii March | Western Commonwealth of australia (state) |
Between 7 August 2022 and 21 May 2022 | Federal (simultaneous House of Representatives and one-half-Senate or one-half-Senate merely) |
28 August | Northern Territory (local) |
2022 | |
By 5 March at the latest | Federal (double dissolution) |
19 March | Due south Australia (country) |
By 21 May | Federal (simultaneous House of Representative and half-Senate or one-half-Senate only) |
Mid-2022 | Tasmania (country) |
By ii September | Federal (House of Representatives only) |
Between eleven and 25 October | Tasmania (local) |
eleven Nov | South Commonwealth of australia (local) |
26 Nov | Victoria (country) |
2023 | |
25 March | New S Wales (country) |
Source: State and territory electoral commissions; Parliamentary Library.
Appendix A: The election timetable
Minimum | Maximum | |
---|---|---|
Expiry or dissolution of Parliament The House of Representatives expires iii years later its kickoff meeting merely can be dissolved earlier (section 28, Constitution). | ||
Election announcement No fixed time. | ||
Issue of writs Writs are issued within 10 days of the death of the Firm of Representatives or within 10 days of the annunciation of a dissolution of the Firm of Representatives or the Senate (sections 12 and 32 of the Constitution, section 151 of the Commonwealth Balloter Act 1918). | 0 | ten |
Close of rolls Rolls shut at 8pm, seven days later the issue of writs (section 155 of the Commonwealth Electoral Act 1918). | 7 | 17 |
Close of nominations Nominations close at noon, between x and 27 days after the consequence of writs (department 156 of the Democracy Electoral Act 1918). | 10 | 37 |
Declaration of nominations Nominations are publicly declared 24 hours subsequently nominations close (section 176 of the Commonwealth Electoral Human activity 1918). | 11 | 38 |
Early voting Early voting commences 5 days after the proclamation of nominations (section 200D(4) of the Democracy Electoral Human action 1918). | sixteen | 43 |
Polling Day Polling day is fixed between 23 and 31 days after the date of nominations (section 157 of the Commonwealth Electoral Human activity 1918). | 33 | 68 |
Return of writs The maximum time for the render of writs is no more 100 days after the consequence of writs (section 159 of the Commonwealth Electoral Human action 1918). | 100 | 110 |
Meeting of Parliament The new Parliament meets within thirty days of the 24-hour interval appointed for the return of the writs (department 5 of the Constitution). | 130 | 140 |
Source: Adapted from the 2022 Australian Electoral Commission Balloter Bag publication, with added updates to reflect recent legislative changes.
Annotation: Hyperlinks for legislation in this Research newspaper are generally directed to the AustLII website for ease of apply. They are not links to the official copies of the legislation. Please practice caution when using these links.
[1]. S Bennett and R Lundie, Australian electoral systems, Research newspaper, 5, 2007–08, Parliamentary Library, Canberra, 21 August 2007.
[2] D Muller, The new Senate voting system and the 2022 election, Research paper serial, 2017–eighteen, Parliamentary Library, Canberra, 2018.
[3]. Constitution, department 28.
[iv]. Constitution.
[5]. Democracy Electoral Act 1918 (Cth).
[6]. The writ is an instruction to the Electoral Commissioner to hold an election and is issued by the Governor-General for an ballot of all of the seats in the Business firm of Representatives and the senators for the two territories, past the governor of each land for Senate elections for a state, or past the Speaker of the House of Representatives for a by-election.
[7]. The 8 pm deadline for close of rolls is established in the requirements for lodging claims for enrolment under the following provisions: Commonwealth Electoral Act 1918, sections 94A(4)(a), 95(4)(a), 96(iv)(a), 99B(2)(c)(ii), 102(four)(a)(i), 103A(5)(a), 103B(5)(a)and 118(five)(a).
[eight]. The commencement of pre-poll voting was changed from the quaternary twenty-four hours after the date of nominations to the 5th mean solar day by the Electoral Legislation Subpoena (Modernisation and Other Measures) Human action 2019, which came into upshot on 8 March 2019.
[9]. Department 286 of the CEA allows the Governor-General or respective state governor to extend the time for holding the election or for returning the writ.
[10]. The determination past the High Courtroom of Australia in Alley v Gillespie (2018) 353 ALR 1, [2018] HCA 11 made information technology clear that the qualification of a member to sit in parliament could simply be challenged in the Court of Disputed Returns either by a referral by the respective Chamber or past a petition under sections 355 or 357 of the CEA.
[xi]. D Elder and PE Fowler, House of Representatives exercise, 7th edn, Department of the Firm of Representatives, Canberra, 2018, p. 103.
[12]. D Muller, 'The 2022 federal ballot: key dates', FlagPost, Parliamentary Library weblog, eleven April 2019.
[13]. House of Representatives practise notes that 'While the decision to dissolve the House may be made by the Governor-Full general, the determination to call a full general election may only be made on and with the advice of the Executive Council, that is, the Regime', op cit., p. 94.
[fourteen]. This date has been calculated based on the three year period in department 28 of the Constitution including the get-go day on which the House sat on ii July 2019.
[15]. With the exception of the stand-solitary 2022 Western Australian Senate election, required due to the voiding of the 2013 Senate ballot in the country by the Court of Disputed Returns following the loss of election papers.
[16]. Constitution section thirteen.
[17]. Southward Bennett, Restrictions on the timing of half-Senate elections, Inquiry note, 38, Department of the Parliamentary Library, Canberra, 2002.
[18]. In 2019, in that location was some contend equally to how late the election could exist held earlier the new Senators took their place.
[nineteen]. A critical consideration affecting the timing of whatever double dissolution is the date from which the 3-month interval is calculated. Although some aspects of department 57 remain unclear, a majority of the High Court held in Victoria 5 Commonwealth and Connor (1975) 134 CLR 81, [1975] HCA 39 that the three-month interval commences on the date on which the Senate rejects or fails to pass the Neb. The High Courtroom has not expressed a definitive view as to the offset of the iii-month menstruation in which the Senate passes a Neb with amendments 'to which the House volition non agree'.
[20]. There is no specific definition of 'campaign period' just in this newspaper it refers to the period from the date Parliament is dissolved to polling day.
[21]. Firm of Representatives practice notes that the day fixed for the outset coming together of Parliament following an election is usually a Tuesday.
[22]. Parliament is able to encounter every bit soon as the writs have been returned.
[23]. Although technically Saturday 30 July 2022, it would more likely exist on Tuesday 2 August 2022; see footnote 16 above.
[24]. Although technically Fri twenty May 2022, it would more than likely be on Tuesday 24 May 2022; see footnote 16 in a higher place.
[25]. Note that postal votes tin can exist received in the Act until 23 October 2020. Run across: Elections Act, '2020 Legislative Assembly election', ACT Balloter Commission website, updated 14 December 2016.
[26]. Queensland is in a state of transitioning to four-year fixed terms. According to the Electoral Commission of Queensland, the next land election is due to be held on 31 October 2020; later that, the Constitution (Fixed Term Parliament) Amendment Deed 2015 prescribes fixed, 4 year terms.
[27]. The Tasmania's House of Assembly expires four years after the return of the writ for the last election, which was held on 3 March 2018; however it is not clear when the writs were returned.
[28]. Northern Territory (Self-Government) Act 1978 (Cth).
[29]. Electoral Act 2004 (NT).
[30]. Ibid., sections 24, 25.
[31]. Electoral Act 1992 (Act).
[32]. Ibid., department 101.
[33]. Under section 16 of the Australian Upper-case letter Territory (Self-Government) Human action 1988 (Human activity), the Governor Full general has power to deliquesce the associates if he or she is of the opinion information technology is incapable of effectively performing its functions or it is conducting its affairs in a grossly improper fashion. The section sets out the processes for property a general ballot after such as dissolution.
[34]. Department 48 of the Australian Majuscule Territory (Self-Regime) Deed 1988 (Act) outlines the timeframes for holding a general election after a resolution of no-confidence in a Chief Minister.
[35]. Constitution (Fixed Term Parliament) Amendment Act 2015 (Qld).
[36]. Balloter and Constitution Subpoena Deed 2011 (WA).
[37]. Western Australia Electoral Commission (WAEC), 'State elections', WAEC website, accessed 12 December 2019.
[38]. Constitution Human activity 1934 (Tas.).
[39]. Electoral Human activity 2004 (Tas.).
[40]. Constitution Act 1934 (Tas.).
[41]. Constitution Act 1934 (SA).
[42]. Ibid.
[43]. Ibid., section 28A.
[44]. Constitution Act 1975 (Vic.).
[45]. Ibid.
[46]. Balloter Act 2002 (Vic.).
[47]. Constitution Act 1902 (NSW).
[48]. Ibid.
[49]. Balloter Act 2017 (NSW).
[50]. For farther details see: WAEC, 'Local government elections', WAEC website, accessed 12 December 2019.
[51]. For a list of councils which had elections in 2022 and 2017, see: New South Wales Electoral Commission (NSWEC), 'Local regime election results', NSWEC website, concluding updated 18 Oct 2019.
[52]. For postal elections, ballot packs are distributed via post 17–19 days before election solar day. See: Victorian Electoral Committee (VEC), 'How to vote: local council elections', VEC website, page last updated 27 September 2017.
[53]. In South Australia council elections are held every 4 years in all 68 councils, with the exception of Roxby Downs, which operates under its own assistants. Run across: Balloter Committee SA (ECSA), 'Council elections', ECSA website, due north.d.
[54]. Local Government Act 1995 (WA).
[55]. Local Government Electoral Human action 2011 (Qld).
[56]. Local Government Act 1993 (NSW).
[57]. Local Government Human activity 1989 (Vic.).
[58]. Local Authorities Act 2008 (NT).
[59]. Local Government Act 1993 (Tas.).
[60]. Local Government (Elections) Act 1999 (SA).
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