153G Application for cancellation of nomination if candidate incapacitated after close of nominations

(1)

An application may be made for the cancellation of the nomination of a candidate if,—

(a)

in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):

(b)

in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.

(2)

An application under subsection (1) must be made as follows:

(a)

if the candidate was nominated under section 143,—

(i)

the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:

(ii)

the application must be made to the Returning Officer for the district:

(b)

if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—

(i)

the application must be made by the secretary of the party:

(ii)

the application must be made to the Electoral Commission.

(3)

The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.

(4)

The application must be accompanied by a certificate signed by a medical practitioner that certifies—

(a)

as to the candidate’s condition; and

(b)

that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

(5)

The application—

(a)

must be submitted to the Returning Officer or, as the case requires, the Electoral Commission

(i)

as soon as practicable after the candidate becomes incapacitated; and

(ii)

before the declaration of the result of the poll; and

(b)

may be submitted by hand, post, or electronically.

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

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

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

Section 153G(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 153G(5)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153G(5)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).