The Electoral Commission has adopted new rules setting out the process for considering the disqualification of election candidates and the invalidity of candidate nominations under the Electoral Act 2014.
The Disqualification of Candidate Rules 2026, which came into effect on 29 July 2026, establish procedures for matters considered under section 33 of the Act and the validity of nominations under section 24.
The rules require the Commission to notify a candidate, and where applicable the candidate’s political party, if it is considering disqualifying the candidate or declaring the nomination invalid. The notice must outline the grounds for the proposed action, together with any supporting facts and evidence.
Candidates, political parties and the Supervisor of Elections must also be given an opportunity to respond within the timeframe specified by the Commission.
Where an in-person hearing is required, it must be scheduled within 24 hours of receiving the responses.
The rules state that the Commission must make its decision on a candidate’s disqualification as soon as practicable before polling day. If it is unable to determine the matter before polling day, it must abandon the disqualification proceedings.
Any written decision must be issued to the parties by 7.30am on polling day.
The rules also clarify that decisions on the validity of a candidate’s nomination may still be issued on polling day under section 24 of the Act, although the Commission says it will make reasonable efforts to determine such matters before polling begins.
