The Minister asks for advice on the following memorandum submitted by the Chief Electoral Officer:

Submitted for the Minister's approval that the Attorney-General's Department be asked to advise as to the course which should be followed by the Electoral Administration in the event of a duly nominated candidate for the Senate dying before polling day and the remaining candidates exceeding the number required to be elected.

Should the name of the deceased candidate appear on the ballot-papers?

If not and the ballot-papers have already been printed and issued and cannot be recalled and a complete fresh issue made in the time available, may the name of the deceased candidate be struck out of such of the ballot-papers as cannot be reprinted and issued, and, if so, in what manner may the name be struck out?

In my opinion it is clear from the provisions of sections 105B and 107 of the Commonwealth Electoral Act that, on the death of a candidate between nomination day and polling day, the election proceeds as if the candidate's name were withdrawn from the ballot-paper.

In my opinion the name of a candidate who has died since nomination ought not to be printed on the ballot-paper.

Where ballot-papers have been already printed and issued, and a fresh issue is impracticable, I think that the name of the deceased candidate should be ruled out.

[Vol. 13, p.5.]