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Electoral Act 1993

Elections - Death or incapacity of candidate

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

You could also call this:

"What happens to votes if a by-election is stopped"

Illustration for Electoral Act 1993

If you are voting in a by-election and the poll is stopped because a candidate has died or can no longer be a candidate, this section applies to you. You need to know that the ballot papers that have been placed in ballot boxes will be taken out and made into secured packages. The Electoral Commission will then get these packages and destroy them right away, with a District Court Judge or a Justice of the Peace watching.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309675.

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Topics:
Government and voting > Elections
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153G: Application for cancellation of nomination if candidate incapacitated after close of nominations, or

"What happens if an election candidate can't continue due to illness or injury"

Part 6Elections
Death or incapacity of candidate

153FDestruction of ballot papers if by-election interrupted

  1. This section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity.

  2. If this section applies,—

  3. all ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and
    1. those packages must be sent, unopened, to the Electoral Commission; and
      1. the Electoral Commission must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace.

        Notes
        • Section 153F: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
        • Section 153F(2)(b): amended, on , by section 102 of the Electoral Amendment Act 2025 (2025 No 82).
        • Section 153F(2)(c): amended, on , by section 102 of the Electoral Amendment Act 2025 (2025 No 82).