Cook by-election 2024

A person casting her vote into a ballot box during an election.
Australian Electoral Commission

A by-election for the electoral division of Cook will take place on Saturday 13 April 2024. This will fill the vacancy created when former Prime Minister Scott Morrison resigned from Parliament on 27 February 2024. Mr Morrison was elected as the Liberal Party candidate in 2007 and continued the run of Liberal MPs representing Cook since 1975. The Australian Electoral Commission notes that the two-party preferred electoral margin at the 2022 election was 12% per cent and has published the following timeline for the Cook by-election:

Issue of writ Monday 11 March 
Close of rolls 8pm Monday 18 March
Close of nominations Midday Thursday 21 March 
Declaration of nominations Midday Friday 22 March 
Early voting starts Tuesday 2 April
Postal vote applications close 6pm Wednesday 10 April
By-election day Saturday 13 April
Return of writ On or before Wednesday 19 June

 

Prime ministerial resignations are a disproportionately common reason for by-elections in Australia. The country has had 31 Prime Ministers, and 19 have had departures necessitating by-elections. Joseph Lyons, John Curtin, Ben Chifley, and Harold Holt died in office, while George Reid resigned his seat in protest but reclaimed it in the resulting by-election. A further 15 former Prime Ministers resigned from the Parliament mid-term, including seven of the ten most recent: Gough Whitlam, Malcolm Fraser, Bob Hawke, Paul Keating, Kevin Rudd, Malcolm Turnbull, and now Mr Morrison. By-elections to replace former Prime Ministers have always been retained by the incumbent party.

Just as Prime Ministers are overrepresented among outgoing members at by-elections, they also commonly enter parliament at by-elections. James Scullin, Stanley Bruce, Harold Holt, Arthur Fadden, Gough Whitlam, and Tony Abbott were all first elected at by-elections. Additionally, John Gortons transfer from the Senate to the House of Representatives occurred through the by-election for Higgins, following Holt’s presumed drowning.

Section 33 of the Constitution empowers the Speaker of the House of Representatives to issue writs for the election of a new Member. The Commonwealth Electoral Act 1918 specifies that the election (polling day) must be held between 33 and 68 days from the date the writ is issued. By convention, by-elections are called as soon as practicable following a seat becoming vacant. However, the Speaker has some discretion in selecting dates, for instance to avoid a by-election very close to a general election, or to hold simultaneous by-elections where possible.

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