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Local Electoral Act 2001

Recounts and inquiries - Recount of votes cast at election

92B: Affected candidate may withdraw if votes tied after recount

You could also call this:

"What happens if votes are tied after a recount in an election"

Illustration for Local Electoral Act 2001

If a recount shows two or more candidates have the same number of votes, they are called affected candidates. You are an affected candidate if one more vote would make you win. You can withdraw from the election by giving the electoral officer a notice of withdrawal in writing within three working days after the recount. You can give the notice of withdrawal in person, by post, fax, or electronically. If you withdraw, you cannot be elected. But if all affected candidates withdraw, the one who withdrew last is still in the election. If only one candidate is left after three working days, the electoral officer must announce the result of the election under section 86.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS907007.

Topics:
Government and voting > Elections
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Part 4Recounts and inquiries
Recount of votes cast at election

92BAffected candidate may withdraw if votes tied after recount

  1. This section applies if—

  2. a recount determines that an equal number of votes has been received by 2 or more candidates (the affected candidates); and
    1. the addition of 1 vote would entitle any of those affected candidates to be declared elected.

      1. An affected candidate may withdraw as a candidate for election by giving notice in writing (a notice of withdrawal) to the electoral officer within 3 working days after the recount.

      2. A notice of withdrawal may be submitted by hand, post, fax, or electronic transmission.

      3. If the electoral officer receives a notice of withdrawal from an affected candidate in accordance with subsections (2) and (3), that candidate ceases to be available for election.

      4. However, a notice of withdrawal is ineffective and the affected candidate who gave it (the relevant affected candidate) does not cease to be available for election if—

      5. the electoral officer has received notices of withdrawal from all the affected candidates in accordance with subsections (2) and (3); and
        1. the notice of withdrawal given by the relevant affected candidate was the notice received last by the electoral officer.

          1. If only 1 candidate remains available for election at the close of the third working day after the recount, the electoral officer must give an amended declaration under section 86 of the result of the election.

          Notes
          • Section 92B: inserted, on , by section 34 of the Local Government Electoral Legislation Act 2023 (2023 No 57).