1.1 Introduction

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 Candidate eligibility

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

The main grounds of disqualification for enrolment that could affect eligibility to be a candidate are:

• the person is a New Zealand citizen who is outside New Zealand and has not been in New Zealand within the last three years,
• the person is sentenced to imprisonment.

There are exceptions to these rules: for example, in relation to public servants or members of the Defence Force who are on duty outside New Zealand, as well as members of their families.

There are other grounds of disqualification that affect a very small number of people. For more details see section 80 of the Electoral Act.

If you were born overseas, you will be asked to provide evidence with your nomination 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?

• 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 Maori 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 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); employees of the New Zealand Police; and members of the NZ Defence Force (other than non-regular forces).

To avoid the possibility of real or perceived conflicts of interest, the Electoral Act requires state servants who stand as candidates to take leave of absence from 1 November 2011 (nomination day) until 28 November 2011 (the first working day after election day).

An employer may require a state servant to take leave before 1 November 2011 (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 Commissioner (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 Ownership Monitoring Unit.

1.5 Nominating electorate candidates

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

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

Nominations will be called for by newspaper advertisement and information will also be on www.elections.org.nz

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. For the 2011 General Election nomination day is 1 November 2011.

1.7 Candidate name

A person can be nominated under the name on their birth certificate, the name conferred on them by means of an adoption order, a name they have adopted by deed poll, or a name which they have commonly been known by in the preceding 12 months. So for example, a candidate commonly known as Mike Young can use this name rather than their full legal name ‘Michael’.

1.8 Bulk nominations

Party secretaries lodge bulk nomination schedules directly with the Electoral Commission in Wellington. The legal deadline for lodging a schedule is noon on 31 October 2011 (the day before nomination day) although the Commission advises party secretaries to complete nomination procedures before that time if possible 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 the following matters:

• the details you want included on the nomination schedule. The schedule records the electorate you will be contesting, your full name, the name you want to appear on the ballot paper if different to your full name (up to 30 characters in total), and the electorate in which you are enrolled,
• your consent to be a candidate. The consent must be on form M-Cons. This form is available from your party secretary who will include them with the bulk nomination, and
• the deposit to be lodged with the schedule. The party secretary must lodge a deposit of $300 for every candidate listed on the schedule.

1.9 Individual nominations

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

Returning Officers can accept nominations from 27 October 2011 (6 days before nomination day).

• on form M40-Nom (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 also paragraph 4.18 for information on returning deposits, and
• lodged with the Returning Officer by noon on nomination day.

While the deadline for submitting your nomination is noon on 1 November 2011 (nomination day), we recommend that you lodge it as soon as possible after nominations open on 27 October 2011. 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, even by a few minutes. 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 represent a party, the name of the party can appear under your name on the ballot paper. If you do not represent a party, the name ‘Independent’ will appear under your name. If the party is an unregistered party, you will need to provide evidence that the party exists (such as a party constitution) and evidence of your eligibility to represent that party (such as a letter from the party secretary).

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 may request that the party logo appears by your 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.

1.10 Nominating list candidates

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

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

• your details to be recorded on the list. The list sets out the candidates in order of preference in the list, and includes their name, address and phone number, and
• providing your consent to be a list candidate. The consent must be on form M-Cons. These forms are available from your party secretary.

1.11 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 1 November 2011 (nomination day).

A nomination cannot be withdrawn after noon on nomination day.

1.12 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 official 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 Electoral Commission 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).

1.13 Order of candidates on ballot paper

Electorate candidates are arranged alphabetically by surname on the right-hand side of the ballot paper with any registered logo to the right of the name (the electorate 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.

1.14 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 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 e-mail addresses. 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.

1.15 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,
• information about the referendum on our voting system.

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