Lindsay by-election, 1996

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. [ [http://www.abc.net.au/elections/federal/2007/guide/departingmps.htm Election 2007 Guide - Retiring MPs] , Australian Broadcasting Corporation.] 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) [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.] , 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). [Holland, Ian: [http://www.aph.gov.au/library/intguide/POL/Section44.htm Section 44 of the Constitution] , Parliament of Australia, March 2002.] 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

Election box begin
title=Lindsay by-election, 1996Election box candidate AU party
candidate = Jackie Kelly
party = Liberal
votes = 34,840
percentage = 49.21
change = +6.69Election box candidate AU party
candidate = Ross Free
party = Labor
votes = 23,758
percentage = 33.56
change = -6.76Election box candidate AU party
candidate = Vince Townsend
party = AAFI
votes = 4,224
percentage = 5.97
change = +3.24Election box candidate AU party
candidate = Rodney Franich
party = Shooters
votes = 2,042
percentage = 2.88
change = +2.88Election box candidate AU party
candidate = Lesley Edwards
party = Greens
votes = 1,502
percentage = 2.12
change = -2.29Election box candidate AU party
candidate = Brian Grigg
party = Call to Australia
votes = 1,254
percentage = 1.77
change = -0.39Election box candidate AU party
candidate = Stephen Lear
party = Democrats
votes = 1,182
percentage = 1.67
change = -4.92Election box candidate AU party
candidate = Kay Anne Vella
party = Independent
votes = 933
percentage = 1.32
change = +1.32Election box candidate AU party
candidate = Vicki Aird
party = Independent
votes = 488
percentage = 0.69
change = +0.69Election box candidate AU party
candidate = Steve Grim-Reaper
party = Independent
votes = 270
percentage = 0.38
change = +0.38Election box candidate AU party
candidate = Robert Frank Peacey
party = Independent
votes = 156
percentage = 0.22
change = +0.22Election box candidate AU party
candidate = David Archibald
party = Family Law Reform
votes = 150
percentage = 0.21
change = +0.21

Election box formal
votes = 70,799
percentage = 96.36
change = -0.06

Election box informal
votes = 2,678
percentage = 3.64
change = +0.06

Election box turnout
votes = 73,477
percentage = 89.98
change = -6.14

Election box candidate AU party
party = Liberal
candidate = Jackie Kelly
votes = 40,037
percentage = 56.55
change = +4.97

Election box candidate AU party
party = Labor
candidate = Ross Free
votes = 30,762
percentage = 43.45
change = -4.97

Election box hold AU party
winner = Liberal
loser = Labor
swing = 4.97

Aftermath

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

References

External links

* [http://www.aec.gov.au/Elections/supplementary_by_elections/Lindsay.htm Lindsay (NSW) By-Election (19 October 1996)] , Australian Electoral Commission