State by-elections, supplementary elections, re-elections and appointments

By-elections

If a Lower House member of Parliament resigns or cannot complete their term, we hold a by-election to elect a new member of Parliament for that district.

Only the voters in that district are required to vote.

In a by-election, people can vote:

• at a voting centre on election day
• at an early voting centre
  or
• apply for a postal vote.

Registered general postal voters will be mailed a ballot pack and they do not need to apply for a postal vote.

Supplementary elections

If a Lower or Upper House election has failed, we hold a supplementary election. This provision is found in section 76A of the Electoral Act 2002.

An election fails when:

• any candidate passes away between the close of nominations and election day
• the successful candidate passes away after election day and before being declared elected
• no candidates nominate.

A new writ is issued for another election, but we use the electoral roll prepared for the original election. 

Re-elections

If a Lower or Upper House election is declared void, we hold a re-election. This provision is found in section 76E of the Electoral Act 2002.

An election is declared void when:

• The Court of Disputed Returns declared an election is void after receiving a petition
• A tied election is declared void under the law

The only exception to holding a re-election is when a writ is not issued on or after 30 June in a scheduled general election year.

Appointments

If an Upper House member of Parliament resigns or cannot complete their term, they are replaced by their party.

The process is known as an appointment. The party nominates a new person to fill the position. That person is then appointed by a joint sitting of both houses of Parliament.

Rules differ if the vacating member of Parliament was not a member of a party.