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Electoral Act 1993

Elections - Death or incapacity of candidate

152: Death before close of nominations

You could also call this:

"What happens if a candidate dies before election nominations close"

Illustration for Electoral Act 1993

If you are a candidate in an election and you die before the nominations close, your nomination will be treated as if it was never made. Your deposit will be returned to your personal representatives or the person who paid it. If you die on nomination day before noon, or on any of the 3 days before, the Electoral Commission will postpone the close of nominations until noon on the fourth day after your death. The Electoral Commission will give public notice of the new time for the close of nominations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309650.

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Government and voting > Elections
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Part 6Elections
Death or incapacity of candidate

152Death before close of nominations

  1. If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—

  2. his or her nomination is to be treated in all respects as if it had not been made; and
    1. his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.

      1. Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day.

      2. If this subsection applies, then, once the Electoral Commission is satisfied of the fact of death,—

      3. the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and
        1. the Electoral Commission must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations.

          1. Repealed
          Notes
          • Section 152: substituted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
          • Section 152(3): amended, on , by section 95(1) of the Electoral Amendment Act 2025 (2025 No 82).
          • Section 152(3)(b): amended, on , by section 95(1) of the Electoral Amendment Act 2025 (2025 No 82).
          • Section 152(4): repealed, on , by section 95(2) of the Electoral Amendment Act 2025 (2025 No 82).