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1996 Lindsay by-election

Field	Value
country	New South Wales
type	parliamentary
ongoing	no
election_date	19 October 1996
candidate1	Jackie Kelly
party1	Liberal Party of Australia
popular_vote1	34,840
percentage1	49.21%
swing1	6.69pp
image1	[[File:Liberal Party of Australia placeholder portrait.svg	150x150px]]
candidate2	Ross Free
party2	Australian Labor Party
popular_vote2	23,758
percentage2	33.56%
swing2	3.76pp
image2	[[File:Labor Placeholder.png	150x150px]]
1blank	TPP
2blank	TPP swing
1data1	56.55%
2data1	4.97pp
1data2	43.45%
2data2	4.97pp
title	MP
before_election	Jackie Kelly
before_party	Liberal Party of Australia
after_election	Jackie Kelly
after_party	Liberal Party of Australia

The 1996 Lindsay by-election was held in the Australian electorate of Lindsay in New South Wales on 19 October 1996. The by-election was triggered by a ruling of the Court of Disputed Returns that the election of the Liberal Party candidate Jackie Kelly was invalid, due to her citizenship status and employment by the Royal Australian Air Force. The writ for the by-election was issued on 16 September 1996.

Background

Jackie Kelly won the seat of Lindsay from Labor's Ross Free 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 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 (s. 44 also prohibits any person who "holds any office of profit under the Crown" from election to parliament). The Court of Disputed Returns 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.

References

[http://www.abc.net.au/elections/federal/2007/guide/departingmps.htm Election 2007 Guide - Retiring MPs], [[Australian Broadcasting Corporation]].
Mckeown, Dierdre: [http://www.aph.gov.au/library/pubs/rn/2002-03/03rn20.htm Changes in the Australian Oath of Citizenship], [[Parliament of Australia]], 19 November 2002.
Holland, Ian: [http://www.aph.gov.au/library/intguide/POL/Section44.htm Section 44 of the Constitution] {{webarchive. link. (2007-06-11 , [[Parliament of Australia]], March 2002.)

Info: Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

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