Candidates at a by-election

A by-election is held when there is a vacancy in a seat of the member of Parliament representing an electoral district.

There is only one vote allowed on the ballot paper; that is, for the preferred electorate candidate. There is no party vote in a by-election.

The timetable for a by-election is similar to that for a general election: see Appendix A.

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 (for the grounds of disqualification see Appendix B).

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).

Where can candidates stand?

• in a different electorate from the one for which you are enrolled, or
• in either a Maori or a general electorate seat irrespective of your race or ethnicity.

If more than one by-election is to be held on the same polling day, you may only contest one of those by-elections.

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

The Electoral Commission 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. The term ‘state servant’ is widely defined as: public servants; other persons employed under the State Sector Act (although members of staff of a tertiary education institution teaching students preparing for examinations may continue to work and be paid); members of the Police; and members of the NZ Defence Forces (other than non regular-forces). To avoid the possibility of a real or perceived conflict of interest, the Electoral Act requires state servants who stand as candidates to take annual or unpaid leave 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 resigned from 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 with SSC and directors of Crown companies should consult the Crown Ownership Monitoring Unit (COMU).

The nomination process

Candidates must be nominated by two people enrolled in the electorate in which the by-election is to be held. You cannot nominate yourself. 

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

• on Form M40-Nom-By (follow the checklist on the back of the form),
• lodged with a deposit of $300 (money, bank draft or bank cheque). Personal cheques are not acceptable. The bank draft or bank cheque must be made out to “Electoral Commission Trust Account” (see Part 4 for information on the return of deposits), and
• lodged with the Returning Officer by noon on nomination day.

We recommend you submit your nomination as early as possible and do 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 do not leave making such arrangements to the last minute or you might miss out.

Candidates are required to indicate on the nomination form whether they are representing a party or are an Independent. Candidates claiming to represent a party should be prepared to provide the Returning Officer, if required, with evidence (such as a party constitution) that the party he or she claims to represent exists and evidence of eligibility to represent that party (such as a letter from the party secretary).

If the candidate is representing a party and the party has a logo registered with the Electoral Commission the candidate may request that the party logo appears by the candidate’s name on the ballot paper. Please confirm this with the Returning Officer.

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

Withdrawal of nomination

• 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 to the Returning Officer no later than noon on nomination day. 

A nomination cannot be withdrawn after noon on nomination day.

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. The electors who nominated the candidate should urgently contact the Returning Officer in these circumstances.

Order of candidates on ballot paper

Candidates are arranged alphabetically by surname with any registered party logo to the right of the name.

Media and public queries on nominations

Completed nomination forms are available for public inspection at the Returning Officer’s Headquarters. When all nominations have been processed after nomination day we will publish the information on www.elections.org.nz . We do not publish biographical information on candidates or on their policies. Nor do we publish candidates’ telephone numbers or email addresses.  However it is common for the media and members of the public to ask for the telephone numbers of candidates. We will release them unless the candidate tells us they do not wish us to do so.

EasyVote pack for voters

About a week before polling day each voter enrolled in the electorate in which the by-election is to be held 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
• contact details of the Returning Officer.

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