Quick Guide, 2022-23

So when is the next federal election? A quick guide

Author

Dr Damon Muller

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This Quick Guide explains the rules for Commonwealth election scheduling and, where applicable, the earliest and latest possible dates it may occur. It also lists the dates for upcoming state, territory, and local government elections.

The rules

While the calling of a Commonwealth election is partly a matter of political judgement and timing, a constitutional and legislative framework governs the electoral timetable and process. The Australian Constitution requires periodic elections for both Houses of Parliament, with separate provisions reflecting the different constitutional role of each House. The maximum term of the House of Representatives is set by section 28 of the Constitution, which states “Every House of Representatives shall continue for 3 years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor-General”.

  • The Constitution (section 28) and the Commonwealth Electoral Act 1918 (CEA) provide the following timetabling provisions for elections (with the specific dates set out in the writ):[1]
  • writs are to be issued for the election of members of the House of Representatives and senators for the Territories by the Governor-General within 10 days following the expiry of the House, or proclamation of its dissolution (Constitution, section 32; CEA, section 151)
  • writs are to be issued for the election of senators for the states by the state Governors within 10 days following the expiry of the Senate, or proclamation of its dissolution (Constitution, section 12)
  • the rolls close at 8 pm on the seventh day after the date of the writ (CEA, section 155)[2]
  • nominations of candidates close at 12 pm not less than 10 days nor more than 27 days after the date of the writs (CEA, section 156; section 175), and a request that the party name appear adjacent to the name of the candidate under CEA, section 169 can be made at any time before the close of nominations
  • the declaration of candidates occurs at 12pm the day after nominations close (CEA, section 175)
  • pre-poll voting cannot begin earlier than the day that is 12 days before polling day in the election (the Monday 2 weeks before polling day, CEA, section 200BA)[3]
  • the polling day shall not be less than 23 days nor more than 31 days after the date of nomination (CEA, section 157)
  • the election must be held on a Saturday (CEA, section 158)
  • the writ must be returned no more than 100 days after being issued (CEA, section 159)[4]
  • following the return of the writ, the Australian Electoral Commission (AEC), a candidate or qualified voter at that election, may lodge a petition with the High Court acting as the Court of Disputed Returns within 40 days challenging the result of the election (CEA, section 355; section 357) and[5]
  • Parliament must meet not later than 30 days after the date appointed for the return of the writs (Constitution, section 5). Parliament may meet before the appointed date if the writs have been returned.

The time allowed from the expiry or dissolution of the House to polling day is therefore not less than 33 days and not more than 68 days. These timings are summarised in Appendix C.

The Government, in its advice to the Governor-General, may use this flexibility around timings to ensure that key election events avoid causing inconvenience. For example, the writ for the 2019 federal election was timed so that electoral milestones did not occur on public holidays.

House of Representatives election

A House of Representatives election can be requested at any time. However, if the Government has majority support to proceed with its legislative program, the Governor-General is highly unlikely to approve an election within the first year of a new parliament.[6]

The latest possible date of the next election is within 68 days from the expiry of the House. As the 47th Parliament first met on Tuesday 26 July 2022, it is therefore due to expire on Friday 25 July 2025.[7] The election for the House of Representatives must therefore be held by 27 September 2025, the last Saturday within this 68-day period. However, elections are generally called well before constitutionally or legally necessary.

There has been only 1 instance (in 1910) of an election being held after a parliament expired through effluxion of time. Subsequently, Prime Minister William McMahon has gone closest to a full-term parliament, dissolving the House in 1972 after 2 years, 11 months and 8 days. The 41st Parliament under Prime Minister John Howard also went close, with a term from 16 November 2004 to 17 October 2007, of 2 years, 11 months and 1 day. The length of the 46th Parliament was determined largely by the requirement to hold a half-Senate election, as discussed in the next section.

Half-Senate election

Unlike the House of Representatives, the Senate is a continuing body. Half the state senators’ terms expire on 30 June every 3 years, except in the case of a simultaneous dissolution of both Houses.[8] Section 13 of the Constitution requires that an election be held within 1 year before the places of retiring senators become vacant. The terms of senators for the territories coincide with the House of Representatives elections.

There is no constitutional requirement that House of Representatives and state senator elections be held simultaneously. However, they are generally held together to avoid the duplication of costs and voter inconvenience. The last time a half-Senate only election was held was in 1970.[9] Where elections for the House of Representatives and half the Senate are held simultaneously, the date must conform with the constitutional provisions relating to the terms of senators and the period during which the Senate election must be held.

The 6-year terms of senators elected in 2019 will expire on 30 June 2025. Territory senators terms are tied to the House of Representatives and consequently the timing of House/general elections.[10] Therefore the next half-Senate election must be held between 1 July 2024 and 30 June 2025. However, it is generally considered that the election period begins with the issue of the writ. Accordingly, a half-Senate election effectively cannot be held in July 2024, given the minimum 33 days from expiry/dissolution to polling day. So, the earliest possible date for such an election is Saturday 3 August 2024.

Similarly, practicalities of timings between polling day and the swearing in of new senators has traditionally precluded June from being available for half-Senate elections. Allowing for a maximum election period, the latest date for the next half-Senate election would be Saturday 17 May 2025. This date allows for the maximum 100-day period between the issue of the writs (Saturday 22 March) to their return (30 June 2025) so that the elected senators could commence on 1 July 2025.[11]

Note, however, that the latest date is not nearly as fixed as the earliest. Section 159 of the CEA requires a maximum of 100 days for return of the writs; in practice, the Governor-General (on advice from the Prime Minister), could specify less time.[12]

Simultaneous half-Senate and House of Representatives election

As House of Representatives and half-Senate elections are usually held together, both the earliest and latest days for an election would be dictated by the half-Senate election. As such, the earliest date for a simultaneous election would be Saturday, 3 August 2024 and the latest possible date would be Saturday 17 May 2025.

Double dissolution election

Section 57 of the Constitution provides that both houses may be simultaneously dissolved should there be a legislative deadlock between them. A deadlock occurs when a 3-month period has elapsed between the Senate rejecting a Bill and the House passing it a second time only for it to be rejected again.[13] Once these conditions have been met, a double dissolution election can be called, though not within 6 months of the expiry date (currently Friday 25 July 2025) for the House of Representatives. This means that the last possible date for the dissolution of both houses of the current parliament is Friday 24 January 2025.

If there is a double dissolution of the Parliament on Friday 24 January 2025, the usual timetabling requirements apply.[14] The writs may be issued on the same day as the dissolution occurs, but as section 12 of the Constitution requires the writs for Senate elections to be issued by the State Governors, these writs may not necessarily be issued on the same day as the dissolution. Should the writs be issued on the same day (24 January 2025), and the shortest times apply, polling would be on Saturday 22 February 2025.

Should the maximum times apply, the writs would have to be issued by 8 February 2025 and the latest possible polling date for a double dissolution election is Saturday 29 March 2025.

Next Commonwealth election

The Government usually opts for a relatively short period between dissolving the Parliament and announcing the election and polling day.[15] The Government also usually tries to avoid election campaigns over the Easter period, although this occurred in both the 2019 and 2022 election periods. As Easter Sunday is on 20 April in 2025, this may be a factor in election timing considerations.

Table 1 sets out the earliest and latest election dates, and possible election timetables, for the various types of elections. In establishing the latest polling date, the maximum timetable period has been used. The specific dates of key election milestones are set out in Appendix A (for a simultaneous House and half-Senate election) and Appendix B (for the latest possible double dissolution election). It should be noted that in these appendices theoretical limits are used. For practical, political and financial reasons, a government is unlikely to have a maximum campaign period of 68 days.

Table 1: Commonwealth elections—Next election dates
  Last election Earliest date Latest date
Simultaneous half-Senate and House of Representatives 21 May 2022 3 August 2024 17 May 2025
House of Representatives     27 September 2025
Half-Senate   3 August 2024 17 May 2025
Double dissolution N/A   29 March 2025

Source: Parliamentary Library.

Appendix A: Simultaneous half-Senate and House of Representatives election possible timetables

  Dates for earliest possible election, with a minimum election period Dates for latest possible election, with a maximum election period
Expiry/dissolution of Parliament 1 July 2024 12 March 2025
Issue of Writs (within 10 days from expiry/ dissolution of Parliament) 1 July 2024 22 March 2025
Close of Rolls (7 days after issue of writs) 8 July 2024 29 March 2025
Close of Nominations (at 12 pm not less than 10 days nor more than 27 days after the issue of writs) 11 July 2024 18 April 2025
Declaration of Nominations (at 12 pm 1 day after close of nominations) 12 July 2024 19 April 2025
Pre-poll voting can begin (no more than 12 days before polling day) 22 July 2024 5 May 2025
Polling Day (on a Saturday not less than 23 days or more than 31 days after the close of nominations) 3 August 2024 17 May 2025
Return of Writs (no more than 100 days after the issue of the writs) 9 October 2024 30 June 2025
Meeting of Parliament (not later than 30 days after the date appointed for the return of the writs but may be sooner if the writs have been returned)[16] 15 October 2024[17] 29 July 2025

Source: Parliamentary Library.

Appendix B: Double dissolution election possible timetables

  Dates for latest possible election, with a minimum election period Dates for latest possible election, with a maximum election period
Expiry/dissolution of Parliament 24 January 2025 24 January 2025
Issue of Writs (within 10 days from expiry/dissolution of Parliament) 24 January 2025 2 February 2025
Close of Rolls (7 days after issue of writs) 31 January 2025 10 February 2025
Close of Nominations (at 12 pm not less than 10 days or more than 27 days after the issue of writs) 2 February 2025 2 March 2025
Declaration of Nominations (at 12 pm 1 day after close of nominations) 3 February 2025 3 March 2025
Pre-poll voting can begin (not less than the fifth day after the declaration of nominations) 10 February 2025 17 March 2025
Polling Day (no more than 12 days before polling day) 22 February 2025 29 March 2025
Return of Writs (no more than 100 days after the issue of the writs) 4 May 2025 14 May 2025
Meeting of Parliament (not later than 30 days after the date appointed for the return of the writs but may meet before that date if the writs have been returned) 6 May 2025 10 June 2025[18]

Note that the terms of the new senators will be backdated to begin on the 1 July previous to the election.
Source: Parliamentary Library.

Appendix C: The election timetable

 

Minimum
# of days
Maximum
# of days
Expiry or dissolution of Parliament The House of Representatives expires 3 years after its first meeting but can be dissolved earlier (section 28, Constitution).    
Election announcement No fixed time.    
Issue of writs Writs are issued within 10 days of the expiry of the House of Representatives or within 10 days of the proclamation of a dissolution of the House of Representatives or the Senate (sections 12 and 32 of the Constitution, section 151 of the Commonwealth Electoral Act 1918). 0 10
Close of rolls Rolls close at 8pm, 7 days after the issue of writs (section 155 of the Commonwealth Electoral Act 1918). 7 17
Close of nominations Nominations close at noon, between 10 and 27 days after the issue of writs (section 156 of the Commonwealth Electoral Act 1918). 10 37
Declaration of nominations Nominations are publicly declared 24 hours after nominations close (section 176 of the Commonwealth Electoral Act 1918). 11 38
Early voting Early voting must not commence earlier than the day that is 12 days before polling day in the election (section 200BA(1AA) of the Commonwealth Electoral Act 1918). 21 56
Polling Day Polling day is fixed between 23 and 31 days after the date of nominations (section 157 of the Commonwealth Electoral Act 1918). 33 68
Return of writs The maximum time for the return of writs is no more than 100 days after the issue of writs (section 159 of the Commonwealth Electoral Act 1918). 100 110
Meeting of Parliament The new Parliament meets within 30 days of the day appointed for the return of the writs (section 5 of the Constitution). 130 140

Source: Adapted from the 2019 Australian Electoral Commission Electoral Pocketbook publication, with added updates to reflect recent legislative changes.

Appendix D: upcoming elections across all Australian jurisdictions

Election date (actual or due) Jurisdiction and type of election
2022  
25 October Tasmania (local)[19]
10 November South Australia (local)
26 November Victoria (state)
2023  
25 March New South Wales (state)
7 May Tasmania (state upper house)[20]
21 October Western Australia (local)[21]
2024  
30 March Queensland (local)[22]
4 May Tasmania (state upper house)
3 August Earliest possible date for simultaneous half-Senate and House of Representatives (not fixed)
24 August Northern Territory (territory)[23]
14 September New South Wales (local)[24]
19 October Australian Capital Territory[25]
26 October Queensland (state)[26]
  Victoria (local)[27]
2025  
8 March 2025 Western Australia (state)
3 May Tasmania (state upper house)
17 May Latest possible date for simultaneous half-Senate and House of Representatives (not fixed)
Mid-2025 Tasmania (state lower house; term not fixed)[28]
23 August Northern Territory (local)[29]
18 October 2025 Western Australia (local)
2026  
28 March South Australia (state)[30]
2 May Tasmania (state upper house)
27 October Tasmania (local)
12 November South Australia (local)[31]
28 November Victoria (state)[32]
2027  
27 March New South Wales (state)[33]
16 October Western Australia (local)

Note that dates of specific electoral events may change.
Source: Compiled by the parliamentary Library