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Electoral Act 1993

Elections - Death or incapacity of candidate

152A: Incapacity of candidate before close of nominations

You could also call this:

"What happens if an election candidate can't continue before nominations end"

Illustration for Electoral Act 1993

If you are a candidate in an election and you become incapacitated before the nominations close, someone can ask for your nomination to be cancelled. You can find out how to make this application in section 152B and how it will be dealt with in section 152C. If your nomination is cancelled, it will be like you never nominated in the first place, and you will get your deposit back.

If the Electoral Commission or the Returning Officer cancels your nomination, you will not be able to be a candidate. Your nomination will be treated as if it was never made, and you will get your deposit back. The Electoral Commission is in charge of running elections in New Zealand.

If your nomination is cancelled on the day nominations are supposed to close, or on one of the three days before, the closing time for nominations will be postponed. The new closing time will be at noon on the fourth day after your nomination is cancelled. The Returning Officer or the Electoral Commission will tell the public about the new closing time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309652.

Topics:
Government and voting > Elections
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152: Death before close of nominations, or

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

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152B: Procedural provisions relating to making of application under section 152A(1), or

"Rules for making a special application about a candidate who is too sick to campaign"

Part 6Elections
Death or incapacity of candidate

152AIncapacity of candidate before close of nominations

  1. If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination.

  2. Section 152B sets out how an application under subsection (1) must be made, and section 152C sets out how it is to be dealt with.

  3. If the Returning Officer or, as the case requires, the Electoral Commission cancels the nomination in accordance with section 152C(3),—

  4. the candidate’s nomination is to be treated in all respects as if it had not been made; and
    1. the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it.

      1. If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then—

      2. the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and
        1. the Returning Officer or, as the case requires, the Electoral Commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations.

          Notes
          • Section 152A: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
          • Section 152A(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 152A(4)(b): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).