If a person has any doubt about their eligibility to stand as a candidate they should seek their own legal advice.

Councillor in an undivided council

All candidates for election as councillor or mayor must be enrolled by close of rolls on either the residential roll, the roll of non-resident owners of rateable land or the roll of occupiers and ratepaying lessees in that council area.

Councillor in a divided council (wards)

A candidate must be enrolled as for an undivided council, but not necessarily in the ward in which they are nominating as a candidate. For example, a person may be enrolled in “B” ward of the council area but nominate as a candidate in “C” ward.

A person cannot stand for election in more than one ward in a council area. However, a person can nominate for more than one ward in the same council area but must withdraw all nominations or all but one by the close of nominations.

‘Popularly elected’ mayor

A candidate must be enrolled as for an undivided council, and may be a candidate for both mayor and councillor. If elected as mayor the person must accept that office and cannot be elected as a councillor.

In the City of Sydney, a candidate for Lord Mayor must also be a candidate for councillor. If elected as Lord Mayor the person must accept that office and cannot be elected as a councillor.

Disqualification from holding civic office

A candidate for councillor or mayor must be qualified to hold that office in order to be nominated for election. Under the Local Government Act 1933 there are certain circumstances that disqualify a person from nominating as a candidate for civic office.

A person elected to civic office can be dismissed if it is later determined that the person was in fact disqualified as a candidate at the time of nomination. An application for dismissal is made to the Administrative Decisions Tribunal (ADT) and can be made by any person.