Question

how does a party files a nomination for its candidate

Answer 1

Candidates for public offices are nominated by political parties.  Candidate nomination is a privilege given to a political party[i].  However, the right to nominate a candidate is regulated by the legislature.  It is not a constitutional right[ii].  When a local committee fails to nominate candidates for the local office, the nomination will be conducted by the state executive committee[iii].

Generally, the nomination of candidates for public office is regulated and controlled by statutory provisions.  Sometimes election regulations are imposed by a state as a necessity.  However such regulations cannot be unconstitutional or erroneous.  Any statute that imposes an unreasonable restriction on the nature of petition like the mode and the manner of obtaining signature will be declared invalid.  However, a statute that imposes different time periods for obtaining the signature of independent candidates and party candidates will not be declared invalid on the ground of unreasonableness.  Similarly, statutes imposing restrictions on the number of signatures to be obtained by a candidate from a district have not been declared unconstitutional.

In the absence of a statutory provision, the process of nominating candidates are regulated by party conventions and party rules.  Thus, a party committee authorized by a statute can nominate a candidate for election regulated by party convention and party rules.

The statutory requirements as to the nomination of candidates include:

notice on nomination procedure must be served to the committee members; nomination must be supported by a majority of selection committee members; petition, certificate, and nomination application must be filed with the officer specified in the election statute; and certificate and nomination application must be filed within the time stipulated in the election statute.

The qualification for nomination as a candidate includes:

s/he must be a qualified voter[iv];s/he must be eligible to hold the office;s/he must make an oath that they were not engaged in any action to overthrow the government by force or violence; ands/he was not a member of an organization that engage in anti-constitutional and anti social activities;s/he must be affiliated with a political party and must be a political party member[v];s/he must have registered with the party for two years[vi]; ands/he must have residence in the place where s/he stands for election for a specific period of time preceding election.

However, the condition on registration with a party is not mandatory unless it is mandated by a statute.

A nominated candidate must prepare and file a formal nomination acceptance certificate[vii].  Failure to file such acceptance certificate will make the nomination void.  However, any clerical error from filing agencies will be excused if there is no fault from the candidate in filing the acceptance certificate[viii].