Electoral Act 1993

Elections - Death or incapacity of candidate

153B: Death or incapacity of constituency candidate on polling day

You could also call this:

"What happens if a candidate dies or can't continue on voting day"

Illustration for Electoral Act 1993

If a candidate for a constituency dies or becomes incapacitated on polling day, the Electoral Commission must take action. You need to know that the Electoral Commission will close the part of the poll that is based on electorate votes if this happens during a general election. The Electoral Commission will then continue with the party vote part of the poll. If this happens during a by-election, the Electoral Commission will immediately close the poll. After the poll is closed, an Electoral Commissioner must write some information on the writ, including the name of the candidate who died or became incapacitated, the time the poll was closed, and the date the candidate died or was determined to be incapacitated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309667.

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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 before election day?"


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153C: Death or incapacity of successful constituency candidate after close of poll and before declaration of result, or

"What happens if a winning candidate dies or becomes ill before the result is announced"

Part 6Elections
Death or incapacity of candidate

153BDeath or incapacity of constituency candidate on polling day

  1. This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll.

  2. If this section applies, then once the Electoral Commission is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Electoral Commission must,—

  3. in the case of a general election,—
    1. immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and
      1. proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and
      2. in the case of a by-election, immediately close the poll.
          1. After a poll has been closed under subsection (2)(a)(i) or (b), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

          2. the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and
            1. the time of that closure; and
              1. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.
                Notes
                • Section 153B: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
                • Section 153B(2): amended, on , by section 100(1) of the Electoral Amendment Act 2025 (2025 No 82).
                • Section 153B(2)(c): repealed, on , by section 100(2) of the Electoral Amendment Act 2025 (2025 No 82).
                • Section 153B(3): amended, on , by section 100(3) of the Electoral Amendment Act 2025 (2025 No 82).
                • Section 153B(3): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).