Bennelong by-election - FAQs

Updated: 1 November 2017

If a candidate was found to be ineligible to nominate at the federal election how can they run at the by-election?

Section 44 of the Constitution refers to the potential disqualifications of a candidate at the time of nomination. Each candidate contesting the by-election must nominate between the issue of the writ for the by-election and midday on Thursday 23 November. Candidates will complete a new nomination form and declare their eligibility under Section 44 of the Constitution as at that time.

Why doesn’t the AEC check the eligibility of all candidates at an election?

The AEC does not have the authority to conduct eligibility checks. Candidate eligibility is addressed in Section 44 of the Constitution. The Constitution is administered by the Attorney-General’s Department.

In addition there is no data source available to enable comprehensive eligibility inquiries to be made during a federal election. The election timetable provides for nominations to be made less than a week prior to early voting. Read More.

What if I updated my details with the ABS for the marriage survey?

If you live in the Division of Bennelong and updated your address with the Australian Bureau of Statistics (not the AEC) after the close of rolls for the marriage postal survey on 24 August 2017, this will not have changed your enrolment details for the by-election. If you have moved since you last updated your enrolment with the AEC you can update your details for the by-election up until 8pm on Monday 20 November 2017.

Why do I have a postal vote application from a candidate?

Candidates and political parties are allowed to distribute postal vote applications. You do not have to accept or use the postal vote application sent to you by a political party.

If you decide to fill out one of the forms sent to you by a candidate, the party or candidate must forward your form to the AEC for processing, or you can also choose to return the application directly to the Australian Electoral Commission.