78. For rule 61(1) (countermand or abandonment of poll on death of candidate) substitute—
61.—(1) This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot paper as an independent candidate has died.
(2) Subject to this rule and rule 62, these rules apply to the election as if the candidate had not died.
(3) The following provisions of these rules do not apply in relation to the deceased candidate—
(a)rule 29(1)(c) and (d) (admission to polling station), and
(b)rule 44(1)(b) to (d) (attendance at counting of votes).
(4) If the number of persons standing nominated is equal to (or where more than one independent candidate has died, less than) the number of seats to be filled the returning officer must—
(a)if polling has not begun, countermand the poll;
(b)if polling has begun, direct that the poll is abandoned;
(c)subject to rule 64, treat the election as an uncontested election.
(5) For the purposes of this rule a person is named or to be named in the ballot papers as an independent candidate if the description (if any) on the candidate’s nomination paper is not authorised as mentioned in rule 5A(1) or (1B).
62.—(1) This rule applies if at an election mentioned in rule 61(1) the deceased candidate’s votes are equal to or exceed the quota (ascertained as mentioned in rule 48).
(2) Rule 56(1) (declaration of result) does not apply but the returning officer must—
(a)declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),
(b)declare that no candidate is elected, and
(c)give public notice of —
(i)the number of first preference votes given for each candidate,
(ii)any transfer of votes,
(iii)the total number of votes for each candidate at each stage of the count at which such transfer took place,
(iv)the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and
(v)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 46(3).
(3) The proceedings with respect to the election must be commenced afresh subject to the following provisions of this rule.
(4) The fresh proceedings must be conducted in accordance with the following timetable (and the timetables in rule 1 do not apply)—
| Proceedings | Time |
|---|---|
| Publication of notice of election. | Within 21 days from the day of the election mentioned in rule 61. |
| Delivery of notices of withdrawal of candidature. | Between the hours of 10 a.m. and 4 p.m. on any day after the publication of the notice of election but not later than 1 p.m. on the 7th day after the day of publication of the notice of election. |
| Publication of statement of persons nominated. | After 1 p.m. but not later than 6 p.m. on the 7th day after the day of publication of the notice of election. |
| Polling. | Between 7 a.m. and 10 p.m. on the day fixed by the returning officer which may not be earlier than the 18th nor later than the 21st day after the last day for delivery of notices of withdrawal of candidature. |
(5) No fresh nomination is necessary in the case of a person who was shown in the statement of candidates nominated as standing nominated in respect of the election mentioned in rule 61 and no other nomination may be made.
(6) Rule 8 (delivery of nomination papers) does not apply but the returning officer must fix the place at which notices of withdrawal of candidature are to be delivered to him or her in accordance with rule 11.
(7) Rule 2(2) applies in computing any period of time for the purpose of the timetable set out in paragraph (4).
63.—(1) This rule applies if—
(a)at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and
(b)that person is standing in the name of a registered political party or two or more registered political parties.
(2) The returning officer must—
(a)countermand notice of the poll, or
(b)if polling has begun, direct that the poll be abandoned.
(3) The proceedings with respect to the election must be commenced afresh subject to the following provisions of this rule.
(4) The fresh proceedings must be conducted in accordance with the following timetable (and the timetables in rule 1 do not apply)—
| Proceeding | Time |
|---|---|
| Publication of notice of election. | Within 21 days from the day on which the returning officer becomes satisfied of the candidate’s death. |
| Delivery of nomination papers (pursuant to paragraph (6)). | Between the hours of 10 a.m. and 4 p.m. on any day after the day of publication of the notice of election but not later than 1 p.m. on the 7th day after the day of publication of the notice of election. |
| Delivery of notices of withdrawal of candidature. | Within the time for delivery of nomination papers. |
| The making of objections to nomination papers (submitted pursuant to paragraph (6) only). | During the hours allowed for delivery of nomination papers and on the 7th day after the day of publication of the notice of election during the hour following. |
| Publication of statement of persons nominated. | (a) If no objections to nomination papers are made, 6 p.m. on the 7th day after the day of publication of the notice of election (or as soon as practicable thereafter). (b) If any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers. |
| Polling. | Between 7 a.m. and 10 p.m. on the day fixed by the returning officer which may not be earlier than the 18th nor later than the 21st day after the last day for delivery of notices of withdrawal of candidature. |
(5) No fresh nomination is necessary in the case of a person who was shown in the statement of candidates nominated as standing nominated in respect of the election mentioned in paragraph (1).
(6) No other nomination may be made except for a person standing in the name of the same registered political party or parties in whose name or names the deceased candidate was standing.
(7) Rule 2 applies in computing any period of time for the purpose of the timetable set out in paragraph (4).
(8) For the purposes of this rule—
(a)a person (“P”) stands in the name of a registered political party if P’s nomination paper contains a description which is authorised as mentioned in rule 5A(1) or (1B), and
(b)a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000(3) in the Northern Ireland register (within the meaning of that Act).
64.—(1) This rule applies to a poll which is abandoned in pursuance of rules 61(4)(b) or 63(2)(b).
(2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as the presiding officer is required to take on the close of the poll.
(3) It is not necessary for a ballot paper account to be prepared or verified.
(4) No step or further step is to be taken for the counting of the ballot papers or of the votes.
(5) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
(6) The returning officer must dispose of the ballot papers and other documents in the returning officer’s possession as the returning officer is required to do on the completion of the counting of the votes.
(7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).
(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
(9) No order is to be made for—
(a)the production or inspection of any ballot papers, or
(b)the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.”.
Rule 61 has been modified in the case of a combined election by paragraph 28 of the Schedule to the Elections Act 2001 (c.7).
Rule 2 was amended by S.I. 1987/168 and paragraph 48 of Schedule 1 to the Electoral Administration Act 2006 (c.22).