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Electoral Act 1993

Elections - Death or incapacity of candidate

153: Death or incapacity of list candidate after submission of list

You could also call this:

"What happens if a list candidate dies or can't take part after their party's list is submitted"

Illustration for Electoral Act 1993

If a list candidate dies or is found to be incapable after their party's list is submitted, this section applies. It applies until the declaration required by section 193(5) is made. You need to know that the election will still happen.

The election must go ahead as planned. The list of candidates will be treated as if the person who died or is incapable was never on it.

This means their name will not be counted when the votes are tallied.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309659.

Topics:
Government and voting > Elections
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"What happens when you ask to check if a candidate can't run in an election"

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153A: Death or incapacity of constituency candidate after close of nominations and before polling day, or

"What happens if a candidate dies or can't run in an election after nominations close"

Part 6Elections
Death or incapacity of candidate

153Death or incapacity of list candidate after submission of list

  1. This section applies if a list candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the submission of the list and before the declaration required by section 193(5).

  2. If this section applies,—

  3. the poll must proceed; and
    1. the list must be treated subsequently as if the candidate’s name had never been included on that list.

      Notes
      • Section 153: substituted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 153(1): amended, on , by section 14 of the Electoral Amendment Act 2009 (2009 No 1).