List of by-elections in New Ingerland

This is a list of by-elections for the House of Assembly.

Causes

A by-election may occur whenever there is a vacancy in the House of Assembly. Vacancies can occur for reasons including:

Death
Voluntary resignation for any of the following reasons:
- Retirement;
- Ill-health;
- Family or business commitments;
- Prolonged absence from the country;
- Loss of cabinet position;
- Matters of principal;
- Resignation or expulsion from a political party;
- To create a vacancy for a party leader who did not have a seat;
- Public disgrace; or
- As a result of an inducement from an opposing party and thus create the potential for that party to increase its representation.
Constitutional ineligibility to be a Member of the House of Assembly including:
- Election result voided or overturned on appeal by the Court of Disputed Returns;
- Election to two seats - in which case the member was required to resign from one seat;
- Election to the Senate of New Ingerland;
- Election to another deliberative body, particularly county and municipal councils - members are required to resign prior to the issuing of the writs for the other body's election;
- Having or accepting a position of profit under the crown;
- Not being a subject of New Ingerland;
- Non-residence in New Ingerland for more than 6 months prior to election;
- Becoming non compos mentis;
- Insolvency;
- Conviction for a major criminal offence;
- Absence from the house for an entire session without leave; or
- Expulsion from the house for infamous conduct.

Timing

Whenever a vacancy in the representation of the Assembly occurs, for whatever reason, the Speaker addresses a Certificate of Vacancy to the Sovereign informing him that a vacancy has arisen in the membership of the Assembly. The Certificate of Vacancy cannot be issued until 6 days after notice of the vacancy has been published in the Kingsbury Gazette. The Sovereign shall then within 28 days issue a writ of election to fill the vacancy.

Once the writ has been issued, the timing of by-elections is determined by the Electoral Act^[1]. Under the provisions of the act, a by-election must be held between 33 and 55 days after the receipt of the writ by the Returning Officer.

It is now a convention that a by-election is not held if a vacancy occurs within 3 months of an expected dissolution of the parliament.