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Nomination of candidates

 1.1 Types of candidate

There are two types of candidate under the MMP electoral system:

  • electorate candidates who stand for election in electorates, and
  • list candidates who are named on party lists and may be elected by reason of the party vote.

A candidate can stand for an electorate and be on a party list at the same election.

1.2 Who can be a candidate?

To be a candidate you must:

  • be enrolled as a voter, and
  • be a New Zealand citizen, and
  • not be disqualified from enrolling.

If you were born overseas, you will be asked to provide evidence that you are a New Zealand citizen (such as a certificate of citizenship or a copy of your New Zealand passport).

1.3 Where can candidates stand?

You may stand:
  • in a different electorate from the one that you are enrolled in, or
  • in an electorate and, at the same time, be on a party list, or
  • in either a Māori or a general electorate seat irrespective of your race or ethnicity.

You may not stand for more than one electorate or be on more than one party list.

1.4 State servants, Board members of Crown entities and directors of Crown companies – implications of nominations

The Chief Electoral Office does not treat the nominations of state servants, board members of Crown entities and directors of Crown companies any differently from the nominations of other candidates.

However, section 52 of the Electoral Act contains special rules for any candidates who are state servants. To avoid the possibility of real or perceived conflict of interest, the Electoral Act requires state servants who stand as candidates to take leave of absence from nomination day until the first working day after election day. An employer may require a state servant to take leave before nomination day if they believe the candidate’s responsibilities as a state servant make this necessary. If elected, a state servant is deemed to have vacated their position.

Prospective candidates who are state servants are recommended to discuss their nomination with their employer and consult the guidelines issued by the State Services Commission (SSC) (refer www.ssc.govt.nz).

Similarly, we suggest that board members of Crown entities should consult the SSC and directors of Crown companies should consult the Crown Company Monitoring Advisory Unit (CCMAU).

1.5   Nominating electorate candidates

There are two ways to nominate electorate candidates:

1. Bulk nominations

This is where the secretary of a registered party nominates all the candidates representing the party by lodging a bulk nomination schedule with the Chief Electoral Officer in Wellington. This is the simplest method for a registered party and most registered parties use it.

2. Individual nominations

This is where two voters in the electorate nominate a candidate by lodging an individual nomination paper with the
Returning Officer in the electorate.

Nominations will be called for by newspaper advertisement.

A registered party can decide to use one method or the other but not both. An unregistered party may not use the bulk
nomination method.

1.6 Nomination day

Nomination day is by law required to be in the period between 20 and 27 days before polling day. It is usually 25 days before polling day. The date will be publicly advertised and notified to party secretaries when polling day is known. It will also be published on www.elections.org.nz.

1.7 Bulk nominations

Party secretaries lodge bulk nomination schedules directly with the Chief Electoral Office in Wellington. The legal deadline for lodging a schedule is noon on the day before nomination day but nomination procedures are normally completed before that time to avoid problems.

If a party decides to nominate its candidates by bulk nomination, Returning Officers will not accept individual nominations for candidates representing the party.

You will need to liaise with your party secretary about:

  • your details to be included on the nomination schedule,
  • providing your consent to be a candidate, and
  • the deposit to be lodged with the schedule.

1.8 Individual nominations

This applies if you are:

  • an electorate candidate who is representing a registered party that is not making a bulk nomination, or
  • a candidate for an unregistered political party, or
  • standing as an independent.

Two electors, enrolled to vote in the electorate where you wish to stand, must nominate you. You cannot nominate yourself.

Nomination forms can be submitted to the relevant Returning Officer after writ day.

Your nomination must be:
  • on Form M40-Nom (obtainable from the Returning Officer),
  • lodged with a deposit of $300 (money, bank draft or bank cheque), and
  • lodged with the Returning Officer by noon on nomination day.

We recommend you submit your nomination as early as possible and not leave it until nomination day. This will allow time for the Returning Officer to check your nomination to make sure it is in order. There is no power for the Returning Officer to extend the legal deadline of noon on nomination day. Discuss any difficulties you might have in physically getting your nomination and the deposit to the Returning Officer to see what arrangements, if any, might be made. But don’t leave making such arrangements to the last minute or you might miss out.

Returning Officers will advertise the deadline for nominations in local newspapers. The information will also be on
www.elections.org.nz.

If you are representing a party that is not contesting the party vote but the party has a logo registered with the Electoral Commission, you must lodge the logo with your nomination. This condition can be waived if the Returning Officer confirms
that the Chief Electoral Office already holds the registered logo.

Candidates should note that the completed nomination forms are available for public inspection.

1.9 Nominating list candidates

Secretaries of registered parties must lodge party lists with the Chief Electoral Office no later than noon on nomination day.

If you are a list candidate, you should liaise with your party secretary about:

  • your details to be recorded on the list, and
  • providing your consent to be a list candidate.

1.10 Withdrawing Nominations or Consents

If you were nominated through the bulk nomination procedure or consented to be included in a party list through your party secretary, but wish to withdraw, you must do so before the deadline. Consult your party secretary urgently. You may need to complete the withdrawal of nomination from bulk nomination schedule form (M41-Cand Wd).

If you were individually nominated directly to the local Returning Officer you must:

  • complete Form M40-Wd (obtainable from the Returning Officer),
  • sign the form in the presence of a Justice of the Peace or solicitor, and
  • return the signed form no later than noon on nomination day.

1.11 Death or incapacity of candidates

There are procedures in the Electoral Act that must be followed if a candidate dies or is incapacitated before nomination day, or between nomination day and the declaration of the result.

If this happens to a candidate included in a party list or nominated in a bulk nomination schedule, the party secretary should urgently contact the Chief Electoral Office and fill in form M40-Canc (in the case of incapacity).

If the candidate is an individual nomination, the electors who nominated the candidate should urgently contact the Returning Officer and fill in form M40-Canc (in the case of incapacity).

1.12 Order on ballot paper

Electorate candidates are arranged alphabetically by surname on the right-hand side of the ballot paper (the electorate vote).

If the candidate’s party is contesting the party vote, the name of the party is printed opposite the candidate on the left-hand
side of the ballot paper (the party vote).

If the candidate is an independent, the space on the left-hand side of the ballot paper, opposite the candidate’s name, is left empty.

Parties contesting the party vote but not the electorate vote are listed alphabetically on the left-hand side of the ballot paper,
after the other parties.

1.13 Media and public queries on nominations

Completed nomination forms are available for public inspection at the Returning Officer’s Headquarters. When all nominations and all party lists have been processed after nomination day we will publish the information en bloc on www.elections.org.nz. We do not publish biographical information on candidates or on their policies. Nor do we publish candidates’ telephone numbers. It is common for the media to ask for the telephone numbers, in which case we will release them unless the party secretary or candidate tells us that they do not wish us to do so.

1.14 EasyVote pack for voters

About a week before polling day each enrolled voter will receive a personal information pack containing:

  • an EasyVote card (or letter if enrolled late) to take to the Polling Place
  • details of the Polling Places and Advance Voting facilities
  • names of candidates for their electorate
  • party lists for those parties contesting the party vote
  • the contact details of the local Returning Officer
  • an explanation of MMP prepared by the Electoral Commission.

It will be helpful if you encourage your supporters to use the EasyVote card. The card will save time.