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Local Electoral Act 2001

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

70: Death, incapacity, or invalid nomination of mayoral candidate after close of nominations

You could also call this:

"What happens if a mayoral candidate can't run after nominations close"

Illustration for Local Electoral Act 2001

If you are voting in a mayoral election and something happens to a candidate after nominations have closed, the electoral officer must take action. You need to know that if a candidate dies, becomes unable to hold office, was not properly nominated, or was not qualified to be a candidate, the electoral officer will give public notice of this. The electoral officer will also cancel the election notice given under section 65 and declare the election void. You should be aware that any votes cast in the election will not be counted. However, the rules about keeping votes secret and election records secure still apply. A new election will be held, and the rules in section 102 will be followed, with some changes if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94376.

Topics:
Government and voting > Elections
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69A: How application for cancellation of nomination dealt with, or

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

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71: Death, incapacity, or invalid or cancelled nomination of candidate, or

"What happens if a candidate dies, can't run, or their nomination is cancelled?"

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

70Death, incapacity, or invalid nomination of mayoral candidate after close of nominations

  1. This section applies if, after the close of nominations but before the close of voting, an electoral officer becomes aware that a candidate in a mayoral election—

  2. has died; or
    1. has become incapable under any Act of holding the office for which the candidate was nominated; or
      1. was not validly nominated; or
        1. was not qualified to be nominated as a candidate.

          1. If it is practicable to do so before polling day, the electoral officer must, by public notice,—

          2. give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
            1. countermand the notice of the election given under section 65; and
              1. declare the election to be void.

                1. Any votes in the election must not be counted but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.

                2. A new election must be held and the provisions of section 102 apply accordingly, with any necessary modifications.

                Compare
                • 1976 No 144 s 22