Local Electoral Act 2001

Conduct of elections and polls - Death, incapacity, or invalid or cancelled nominations of candidates

69A: How application for cancellation of nomination dealt with

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"What happens when you ask to cancel a candidate's nomination"

Illustration for Local Electoral Act 2001

You apply to cancel a candidate's nomination under section 69. The electoral officer checks if the candidate became incapacitated after nominations closed but before voting ended. They can ask questions and get expert help to make this decision. If the electoral officer decides the candidate is incapacitated, they cancel the nomination. If they do not make a decision before voting ends, the application is declined. The electoral officer tells you their decision as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5313996.


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Part 3Conduct of elections and polls
Death, incapacity, or invalid or cancelled nominations of candidates

69AHow application for cancellation of nomination dealt with

  1. On receiving an application under section 69, the electoral officer must promptly determine whether the candidate became incapacitated (as defined by section 69(7)) after the close of nominations but before the close of voting.

  2. For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.

  3. If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.

  4. If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.

  5. As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination.

Notes
  • Section 69A: inserted, on , by section 21 of the Local Electoral Amendment Act 2013 (2013 No 40).