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The 1996 Lindsay by-election was held in the Australian electorate of Lindsay in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
on 19 October 1996. The
by-election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election (Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election used to f ...
was triggered by a ruling of the
Court of Disputed Returns The Court of Disputed Returns is a court, tribunal, or some other body that determines disputes about elections in some common law countries. The court may be known by another name such as the Court of Disputed Elections. In countries that derive ...
that the election of the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. __TOC__ Active liberal parties This is a li ...
candidate
Jackie Kelly Jacqueline Marie Kelly (born 18 February 1964) is a former Australian politician who served as a Liberal member of the Australian House of Representatives from March 1996 until November 2007, representing the Division of Lindsay, New South Wale ...
was invalid, due to her citizenship status and employment by the
Royal Australian Air Force "Through Adversity to the Stars" , colours = , colours_label = , march = , mascot = , anniversaries = RAAF Anniversary Commemoration ...
. The writ for the by-election was issued on 16 September 1996.


Background

Jackie Kelly Jacqueline Marie Kelly (born 18 February 1964) is a former Australian politician who served as a Liberal member of the Australian House of Representatives from March 1996 until November 2007, representing the Division of Lindsay, New South Wale ...
won the seat of Lindsay from
Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the la ...
's
Ross Free Ross Vincent Free (born 7 March 1943) is a former Australian politician who served as a Labor member of the Australian House of Representatives representing the seat of Macquarie from 1980 until 1984, then Lindsay from 1984 until 1996. He ser ...
at the 1996 federal election – a surprise win as Lindsay was considered a safe Labor seat. However, Kelly's election was challenged on two counts: that she had not renounced her
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
citizenship (Section 44 of the Australian Constitution states that "a subject or citizen of a foreign power" is ineligible to stand for federal parliament), and that at the time of her nomination as a candidate she was employed as a legal officer for the
Royal Australian Air Force "Through Adversity to the Stars" , colours = , colours_label = , march = , mascot = , anniversaries = RAAF Anniversary Commemoration ...
(s. 44 also prohibits any person who "holds any office of profit under the Crown" from election to parliament).Holland, Ian
Section 44 of the Constitution
,
Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
, March 2002.
The
Court of Disputed Returns The Court of Disputed Returns is a court, tribunal, or some other body that determines disputes about elections in some common law countries. The court may be known by another name such as the Court of Disputed Elections. In countries that derive ...
ruled on 11 September 1996 that Kelly's election was indeed constitutionally invalid, and a by-election was called several days later. Kelly, by this time, had resigned from the RAAF and renounced her New Zealand citizenship, and was eligible to stand as a candidate in the by-election.


Results


Aftermath

Jackie Kelly won the by-election with an even larger majority – a swing of 4.97% in her favour.


See also

*
List of Australian federal by-elections This is a list of by-elections for the House of Representatives from its creation in 1901 until the present day. Casual vacancies in the House of Representatives arise when a member dies, is disqualified or resigns, or for some other reason th ...


References


External links


Lindsay (NSW) By-Election (19 October 1996)
Australian Electoral Commission The Australian Electoral Commission (AEC) is the independent federal agency in charge of organising, conducting and supervising federal Australian elections, by-elections and referendums. Responsibilities The AEC's main responsibility is to ...
{{DEFAULTSORT:Lindsay By-Election, 1996 1996 elections in Australia New South Wales federal by-elections