ELECTORAL ACT (as amended at 24th January 2008)
election concerned, withdraw his or her candidacy by means of written notification to the
Chief Elections Officer, signed by the candidate personally.
(2) Where the Chief Elections Officer is notified of a candidate’s withdrawal after the
posting of a notice in terms of paragraph (b) of subsection (4) of section one hundred and
twenty-five, and—
(a) the number of remaining candidates is equal to or less than the number of vacancies
to be filled at the election, the Chief Elections Officer shall declare the remaining
candidate or candidates to be duly elected and shall forthwith give notice in a
newspaper and post a notice at his or her office showing the name of the candidate
or candidates concerned:
Provided that—
(i) if by virtue of an appeal against the rejection of a nomination paper, an
additional candidate is to be regarded as duly nominated, the Chief Elections
Officer shall revoke his declaration and publish notice in a newspaper of the
revocation, and a poll shall take place in accordance with this Part;
(ii) where as a result of the withdrawal one or more vacancies remain to be filled,
a fresh election shall be held to fill them and this Part shall apply, with any
changes that may be necessary, as if the vacancy or vacancies had occurred
on the date of the withdrawal;
(b) the number of remaining candidates still exceeds the number of vacancies to be
filled at the election, the Chief Elections Officer shall take such steps as are
reasonably practicable to ensure that—
(i) the withdrawal is brought to the attention of voters in the council area
concerned; and
(ii) the name of the candidate who has withdrawn is either omitted or deleted
from the ballot-paper.
127
Death of candidate
If a duly nominated candidate dies after the close of nominations and before the poll
commences or, if the poll has commenced, before its close, the Chief Elections Officer shall,
on being satisfied of the fact of the death—
(a) terminate all proceedings in respect of the election for the council area or ward
concerned; and
(b) declare any proceedings already taken in relation to that election to be void; and
(c) give notice in a newspaper of the actions taken by him or her;
and all proceedings shall be commenced afresh as if a casual vacancy or special vacancy had
occurred on the date of the candidate’s death:
Provided that no fresh nomination shall be necessary in the case of a candidate who was
duly nominated at the time when the proceedings were declared void if that candidate or his
or her agent notifies the Chief Elections Officer in writing of his or her intention to remain a
candidate.
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