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Electoral Law Act (Northern Ireland) 1962

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80Time for presentation or amendment of local election petition.N.I.

(1)Subject to the provisions of this section, a local election petition shall be presented within twenty-one days after the day on which the election was held.

(2)If the petition questions the election upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made or promised by a candidate elected at the election, or on his account or with his privity since the election, in pursuance or in furtherance of the alleged corrupt practice, it may be presented at any time within twenty-eight days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried.

(3)If the petition questions the election upon an allegation of an illegal practice and specifically alleges a payment of money or some other act to have since the election been made or done by the person to whose election the petition relates, or an agent of his or with the privity of that person or his election agent, in pursuance or in furtherance of the alleged illegal practice, it may be presented at any time within twenty-eight days after the date of the alleged payment or other act, whether or not any other petition against that person has been previously presented or tried.

(4)An election petition presented within the time limited by sub-section (1) or sub-section (2) may, for the purpose of questioning the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under sub-section (3).

(5)Sub-sections (3) and (4) shall apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice and shall apply to a corrupt practice under paragraph 7 of the Ninth Schedule as if it were an illegal practice.

(6)For the purposes of this section, an allegation that an election is avoided under section ninety-eight shall be deemed to be an allegation of corrupt practices notwithstanding that the offences alleged are or include offences other than corrupt practices.

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