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Local Electoral Act 2001

Conduct of elections and polls - Voting, processing, and counting of votes

87: Death or incapacity of elected candidate before declaration of result of election

You could also call this:

"What happens if an elected candidate dies or can't take office before the election result is announced"

Illustration for Local Electoral Act 2001

If you are a candidate in an election and you die or become unable to hold office, a special rule applies. This rule applies if your death or incapacity happens after voting has closed and before the election result is declared under section 86, or before an amended declaration is made under section 92(3). You would have been declared elected if you had not died or become incapacitated. If you are not a mayoral candidate, the electoral officer will declare another successful candidate elected and your position will be treated as an extraordinary vacancy. The electoral officer must give public notice of this. If you are a mayoral candidate, the electoral officer will give public notice of your death or incapacity and cancel the election notice given under section 65. The election will be declared void and any votes will not be counted. If the election is declared void, a new election must be held and the rules in section 102 will apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94706.

Topics:
Government and voting > Elections
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86: Declaration of result, or

"Announcing the Official Election Result"

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Part 3Conduct of elections and polls
Voting, processing, and counting of votes

87Death or incapacity of elected candidate before declaration of result of election

  1. This section applies if—

  2. a candidate in any election dies or becomes incapable under any Act of holding the office for which the candidate was nominated; and
    1. the death or incapacity occurs after the close of voting; and—
      1. before the declaration of the result of the election under section 86; or
        1. if an amended declaration of the result of the election is ordered under section 92(3), before that amended declaration has been given; and
        2. that candidate would, had the death or incapacity not occurred, have been declared to be elected.

          1. If the candidate is a candidate other than a candidate in a mayoral election,—

          2. the electoral officer must give public notice declaring any other successful candidate at the election to be elected; and
            1. the vacancy arising from the death or incapacity of the candidate is to be treated as an extraordinary vacancy occurring on the date of the declaration or of the amended declaration, as the case may be.

              1. If the candidate is a candidate in a mayoral election, 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. If subsection (3) applies, 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. If subsection (3) applies, a new election must be held and the provisions of section 102 apply accordingly, with any necessary modifications.

                    Compare
                    • 1976 No 144 s 44