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Local Electoral Act 2001

Recounts and inquiries - Application by electoral officer for inquiry into election or poll

102I: New election or poll if election or poll declared void

You could also call this:

"What happens if an election is cancelled: having a new one"

Illustration for Local Electoral Act 2001

If an election or poll is declared void, you will have a new election or poll. This is covered by section 102, but with some changes. The District Court Judge can decide how the new election or poll will be run. If the election or poll was void because of a problem with the voting method, the Judge can order a new election or poll to be held using a different method or the same method with some changes. The Judge can also change the date of the new election or poll if needed, instead of following the date in section 102(2). This means the new election or poll might be held on a different day than originally planned.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS189169.

Topics:
Government and voting > Elections
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"Rules to follow when an election or poll is being investigated"

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Part 4Recounts and inquiries
Application by electoral officer for inquiry into election or poll

102INew election or poll if election or poll declared void

  1. Section 102 (which provides for a new election or poll to be held or taken if an election or poll is declared void) applies to the inquiry, subject to the modifications described in subsections (2) and (3).

  2. If an election or poll is declared void as a result of an irregularity in the operation of a voting method, the District Court Judge may order that the new election or poll be conducted—

  3. using a different voting method; or
    1. using the same method, subject to specified modifications.

      1. A District Court Judge who makes an order under subsection (2) may also, if the Judge considers it necessary, postpone the date by which the new election or poll must be held or taken beyond the date provided for in section 102(2).

      Compare
      Notes
      • Section 102I: inserted, on , by section 10 of the Local Electoral Matters Act 2019 (2019 No 7).