Does an Unqualified But Losing Candidacy Upset an Election?

(2015) 14(4) Election Law Journal 424-429

Posted: 21 Apr 2016 Last revised: 21 Jul 2018

See all articles by Graeme D. Orr

Graeme D. Orr

The University of Queensland - T.C. Beirne School of Law

Date Written: April 18, 2015

Abstract

All electoral systems erect qualifications and disqualifications for would-be candidates. An unqualified candidate cannot be duly elected. But what is — or should be — the effect on an elective race of an unqualified losing candidate appearing on the ballot? This commentary examines the law and policy on point, to conclude that only in limited circumstances could an election be argued to be void because of a losing candidate being found to be unqualified. Those circumstances would be where first-past-the-post voting is used and the loser's vote tally well exceeded the winning margin. In any event, it is a point that legislators everywhere would do well to clarify.

JEL Classification: K00

Suggested Citation

Orr, Graeme, Does an Unqualified But Losing Candidacy Upset an Election? (April 18, 2015). (2015) 14(4) Election Law Journal 424-429 , Available at SSRN: https://ssrn.com/abstract=2766767

Graeme Orr (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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