81C   Grouping of candidates

(1)  Two or more candidates nominated for a periodic Council election may, in the prescribed form and before noon on the day of nomination for that election, claim:

(a)  to have their names included in a group in the ballot papers to be used in that election, and

(b)  to have their names included in that group in the order specified in that claim.

(1A)  A claim under subsection (1) may also include a request for a group voting square for the group on the ballot papers to be used in the election concerned, but only if there are at least 15 candidates in the group at the close of nominations for the election.

(2)  Subject to subsections (3), (4) and (5), candidates nominated for a periodic Council election who have under subsection (1) made a claim referred to in that subsection shall, for the purposes of that election, be included in a group in the order specified in the claim.

(3)  Two or more candidates who have made a claim under subsection (1) may, in the prescribed form and before noon on the day of nomination referred to in that subsection, withdraw that claim.

(4)  A claim under subsection (1) is of no force or effect if:

(a)  the name of any candidate included in the claim is included in any other claim under that subsection, or

(b)  the nomination of any candidate whose name is included in the claim is withdrawn under section 81G.

(5)  Where a claim is made under subsection (1) in respect of a periodic Council election and any of the persons who made the claim:

(a)  dies before the making of the declaration of the persons elected at that election,

(b)  is, before the making of that declaration, declared by any court to be incapable of being elected at that election, or

(c)  is a person whose nomination is void under section 81D,

      then:

(d)  where there are 2 or more other persons who made that claim, the group shall thereafter consist of the remainder of those persons only, or

(e)  where there is only 1 other person who made that claim, the claim shall thereafter be of no force or effect.

(6)  The candidates who are included in a group for a periodic Council election and who have duly requested a group voting square for the election, are required to nominate, for the purposes of section 129EB, one other group of candidates in the election for whom a second preference vote is taken to be recorded on all ballot papers on which only a first preference vote is recorded for the first-mentioned group if that group ceases to have 15 candidates because of the operation of subsection (5).

(7)  The following provisions apply to nominations under subsection (6):

(a)  A nomination may be made at the time the candidates request a group voting square for the election or within 24 hours after the close of nominations for the election. However, the Electoral Commissioner may accept a late nomination so long as it is made before the day for the taking of the poll in the election.

(b)  A nomination may be made on behalf of the candidates in the group by the first candidate in the group or by the registered officer of a registered party that has endorsed all or any of the candidates for the election.

(c)  A group of candidates is not eligible to be nominated unless the candidates in that group have duly requested a group voting square for the election.

(d)  The Electoral Commissioner is to cause notice of the nominations to be published, at least one week before the day for the taking of the poll in the election, in one or more newspapers circulating throughout New South Wales.

(e)  Once a nomination has been lodged with the Electoral Commissioner in respect of the election, the nomination may not be changed, nor may a further nomination be made for the election by or on behalf of any of the candidates concerned.