2000_10_october_early poll

The ACT Electoral Act (Section 100) requires that the election be held on the third Saturday in October, 2001. If you have the numbers it would be a simple matter to change the section.

But that would fly in the face of ACT constitutional history. The fixed term was part of a package of Federal legislation that set out the system of government. There would be no Governor or Administrator. Rather it would be a self-executing system. The people would elect the MLAs and the MLAs would elect the Chief Minister who would then choose the ministers. There would be no Administrator to “”call upon” someone to form a Government or to accept advice to “”call” an election.

The Electoral Act was patriated to the ACT in 1992 so the Legislative Assembly had power over electoral matters. The idea was that the ACT could set up its own electoral commission and the like, not so that it could fiddle with fundamentals.

Before the 1998 election it was thought elections would be better held in October than February, so the campaign would not be held in summer. At the time election timing was regarded as fundamental so the term of the Assembly elected in 1995 was not extended to October 1998, rather the term of the following Assembly (this one) was extended. The change of election timing was done unopposed, not on a bare majority.

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