145 Acceptance or rejection of nomination

(1)

Subject to the concurrence of the Electoral Commission, the Returning Officer shall reject the nomination of any constituency candidate—

(a)

if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or

(b)

if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or

(c)

if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or

(ca)
[Repealed]

(d)

if the required deposit is not paid as required by this Act.

(2)

Subject to the concurrence of the Electoral Commission, the Returning Officer shall not accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such evidence (if any) as the Returning Officer requires, that the name under which the candidate is nominated is—

(a)

the name under which the candidate’s birth was registered, with any alteration or addition made thereto under section 20 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 or an earlier corresponding provision; or

(b)

in the case of a person who has been adopted, the name conferred on that person by the adoption order; or

(c)

the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer; or

(d)

the name which was adopted by the candidate through a name change registered under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer and which was used by the candidate throughout that period.

(3)

Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection.

(4)

[Repealed]

(5)

Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the Returning Officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.

(6)

In every other case the Returning Officer shall accept the nomination.

(7)

Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition.

Compare: 1956 No 107 s 82; 1983 No 104 s 16(1)

Section 145(1): amended, on 21 March 2017, by section 71 of the Electoral Amendment Act 2017 (2017 No 9).

Section 145(1)(ca): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 145(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 145(2)(a): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 145(2)(a): amended, on 1 September 1995, pursuant to section 96 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16).

Section 145(2)(d): substituted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 145(3): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 145(4): repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 145(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).