153B Death or incapacity of constituency candidate on polling day

(1)

This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll.

(2)

If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,—

(a)

in the case of a general election,—

(i)

immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and

(ii)

proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and

(b)

in the case of a by-election, immediately close the poll; and

(c)

report to the Electoral Commission

(i)

the closure of the poll or part of the poll and the time of the closure; and

(ii)

whether the poll or part of the poll was closed because of the candidate’s death or because of the candidate’s incapacity; and

(iii)

if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.

(3)

Immediately after the Electoral Commission receives the Returning Officer’s report under subsection (2)(c), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

(a)

the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and

(b)

the time of that closure; and

(c)

the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

Section 153B: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153B(2)(c): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153B(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).