Electoral Act 1993

Elections - Death or incapacity of candidate

153E: New election to be held if writ vacated

You could also call this:

"What happens if an election is cancelled: a new one is held"

If a candidate dies or becomes unable to run in an election, the Electoral Commissioner will endorse the writ according to section 153A, section 153B, or section 153C. You will then see the Electoral Commission notify the Governor-General that a new election is needed. The Governor-General must issue a new writ for the election without delay.

When the Governor-General gets this notification, they must issue a writ for a new election in that area. This new election will be run like a by-election, unless the Electoral Act says otherwise. The same voter rolls that were going to be used in the original election will be used in the new one.

If you were already a nominated candidate when the original election was cancelled, you do not need to be nominated again. However, you can still withdraw your nomination before the new election. Any polling places that were already chosen for the original election will still be used for the new one.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309673.

Topics:

Government and voting > Elections

153D: Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll, or

"What happens if a candidate dies or can't continue after the election voting has finished and there's a tie"

153F: Destruction of ballot papers if by-election interrupted, or

"What happens to your vote if a by-election is stopped because a candidate can't continue"

Part 6Elections
Death or incapacity of candidate

153ENew election to be held if writ vacated

Immediately after an Electoral Commissioner has endorsed the writ in accordance with section 153A or section 153B or section 153C, the Electoral Commission must notify the Governor-General of the need for a fresh election because of the death or the incapacity of the candidate concerned.
On receiving notification under subsection (1), the Governor-General must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this Act provides otherwise.
The main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition.
Any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election.
All appointments of polling places made in respect of the election that has failed continue in respect of the new election.

Notes

Section 153E: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
Section 153E(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 153E(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).