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

1. This section and section 72 apply if—

2. the electoral officer has cancelled under section 69A a candidate's nomination in any election; or
3. the electoral officer becomes aware, after the close of nominations but before the close of voting, that a candidate in any election other than a mayoral election—
   1. has died; or
   2. has become incapable under any Act of holding the office for which the candidate was nominated; or
   3. was not validly nominated; or
   4. was not qualified to be nominated as a candidate.

4. If it is practicable to do so before polling day, the electoral officer must give public notice of the death, incapacity, or invalid or cancelled nomination of the candidate.

5. The electoral officer must take such steps as are practicable to ensure that electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination of that candidate.

6. Any failure by the electoral officer to ensure that an elector or electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination of the candidate does not invalidate an election.

7. If the electoral system used at the election is First Past the Post, any vote cast for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled, or for a candidate who is no longer available for election under section 84, is void.

8. If the electoral system used at the election is Single Transferable Voting, any preference recorded on a voting document for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled, or for a candidate who is no longer available for election under section 84, must not be recorded at the count as a preference for that person, but must instead be treated in accordance with regulations made under this Act.