Writ of election

Timing

Usually, according to parliamentary law, the head of government must regularly call an election but it is otherwise within their discretion when to drop the writ, up to the time when the parliament has served its full term. At that point, an election must be called by issuing the writs. An exception to this principle is if a fixed-term election law has been enacted.

In some states and territories of Australia, such as New South Wales, Victoria, South Australia, and the Australian Capital Territory, it is normally required by law that the parliament must run its full term before issuing the writs. Early dissolutions are allowed by the governor (NSW, Vic, SA) or federal minister for territories (ACT) only if certain objective criteria are met – in particular, if the parliament is unable to agree on the annual budget. Similarly, in New Zealand, it is the norm for parliament to run full term (or very close to full term) unless the prime minister cannot govern or feels they must bring an important issue before the nation.

Opposition parties can bring down the government by passing a motion of no confidence, in which the prime minister is required by convention or specific law to either drop the writ or resign; parliaments do not have the right to force the prime minister to drop the writ.

Practice by country

Australia

In Australia, writs for election are issued by the governor-general for the House of Representatives within 10 days of the dissolution or expiration of the House and by the state governors for the election of senators for their respective states, while writs for the election of territory senators are issued by the governor-general. State governors also issue writs for elections of their respective state parliaments and election of the Senators representing their state in the Australian Senate.

The writs are issued to the relevant electoral officer or returning officer, as the case may be, who returns them after the election has been held within a fixed period.{{cite web | access-date = 27 March 2011}}

Canada

In Canada, a writ is the only way of holding an election for the House of Commons. When the government wants to or, is required to, dissolve Parliament, a writ of election is drawn up for each riding (electoral district) in Canada by the chief electoral officer.{{cite web | access-date = 27 March 2011

"Dropping the writ"

An informal term used in Canada to describe the issuing of writs of election is "dropping the writ". The usage of the word drop in this context is likely derived from the phrase "draw up". Although it is still considered stylistically inappropriate by some, who assert that the correct phrase is "the writs are issued", or the "writs are drawn up", the term has been recorded in academic text.

New Zealand

In New Zealand, the Electoral Act 1993 mandates that, following the dissolution of Parliament, the governor-general signs only a single writ instructing the Electoral Commission to hold a general election. After the general election has been held, the writ is returned to the clerk of the House of Representatives with the names of all successful candidates who have been elected to electorate seats. A writ will also be issued when a by-election is held.

Singapore

In Singapore, a writ of election issued by the prime minister for presidential elections, and the president for parliamentary general elections. Writs are issued under the public seal of Singapore.

United Kingdom

In the United Kingdom, a writ is the only way of holding an election for the House of Commons. When the government wants to, or is required to, dissolve Parliament, a writ of election is drawn up for each constituency in the UK by the clerk of the Crown in Chancery. They are then formally issued by the monarch. (When the Fixed-term Parliaments Act 2011 was in effect, writs were issued by the lord chancellor.)

Where a single constituency becomes vacant, a writ is issued by the speaker of the House of Commons to trigger the by-election for that seat.{{cite web | access-date = 27 March 2011

After the election has been held in a constituency, the acting returning officer must write the name of the winning candidate on the writ and return it to the clerk of the Crown.

United States

In the United States, this writ is issued mainly by state governors for filling vacancies in the United States House of Representatives, the United States Senate, or the states' own legislatures.{{cite web | access-date = 27 March 2011

References

References

1. Haydn Watters, [https://www.cbc.ca/news/politics/writ-drop-drawn-federal-election-1.5258112 "Many writs, no 'dropping': What the election call actually means"], ''CBC News'', September 11, 2019
2. (18 June 1991). "Surrogates for the Sovereign: Constitutional Heads of State in the Commonwealth". Springer.
3. (1992). "Byng of Vimy: General and Governor General". University of Toronto Press.
4. (2021). "The Oxford Handbook of Irish Politics". Oxford University Press.
5. (July 30, 2013). "King-Byng Affair".
6. "Writs". UK Parliament.
7. (9 May 2002). "Editorial: Political farce, but no early election". [[The New Zealand Herald]].
8. Constitution ss.12 and 32; [http://www.comlaw.gov.au/Details/C2014C00616 Commonwealth Electoral Act 1918 (Cth)] ss. 151 and 154
9. (9 August 2022). "The writ of election". [[Elections Canada]].
10. [https://studentvote.ca/federal2015/dropping-the-writ-how-a-federal-election-is-called/ "Dropping the Writ: How A Federal Election is Called"], ''studentvote.ca'', July 30, 2015
11. (1887). "Statutes of the Province of Manitoba". Queen's Printer.
12. (July 31, 2015). "Writ's end: Everybody please stop saying 'drop the writ'". www.ipolitics.ca.
13. "Season 1 Episode 38 - Nerds On Politics: Why You Never 'Drop' A Writ". [[TVO]].
14. (2010). "Textbook on Legal Language and Legal Writing". Universal Law Publishing.
15. (17 August 1993). "Electoral Act".
16. (22 September 2020). "Writ-ten in the stars". New Zealand Parliament.
17. Presidential Elections Act 1991, s 6(2)
18. Parliamentary Elections Act 1954, s 24(1)
19. (24 March 2022). "Dissolution and Calling of Parliament Act".
20. (15 September 2011). "Fixed-term Parliaments Act".