Electoral Law Act (Northern Ireland) 1962

Decisions as to validity of nomination papers N.I.

10 (1) Where a nomination paper and the candidate's consent to it [F1 , and its accompanying home address form,] are delivered in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid; or

[F2 (aa) the returning officer decides that the home address form—

(i) does not comply with rule 5(5); or

(ii) if the form contains a statement under rule 5(6), does not comply with the requirement in that rule for a signature or with rule 5(7); or]

(b) proof is given to the returning officer's satisfaction of the candidate's death; or

(c) the candidate withdraws.

(2) The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate or the person subscribing the paper are not as required by law;

(b) that the paper is not subscribed as so required.

[F3 (c) that an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc) has effect in relation to the candidate.]

[F4 (3) Subject to paragraph (3A), the returning officer must give the decision on any objection to a nomination paper [F5 or home address form] —

(a) as soon as practicable after it is made; and

(b) in any event before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers as set out in whichever timetable in paragraph (2) or (3) of rule 1 applies to the election.

(3A) If in the returning officer's opinion a nomination paper breaks rule 5A(1) or (1B), the returning officer must give a decision to that effect—

(a) as soon as practicable after delivery of the nomination paper; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers as set out in whichever timetable in paragraph (2) or (3) of rule 1 applies to the election.]

[F6 (4) Paragraph (4A) applies if the returning officer—

(a) decides that a nomination paper is invalid; or

(b) decides that a home address form—

(i) does not comply with rule 5(5); or

(ii) if the form contains a statement under rule 5(6), does not comply with the requirement in that rule for a signature or with rule 5(7).

(4A) The returning officer must endorse and sign on the paper or form that fact and the reasons for the returning officer’s decision.]

(5) The decision of the returning officer that a nomination paper is valid shall be final and shall not be questioned in any proceedings whatsoever.

(6) Subject to paragraph (5), nothing in this rule shall prevent the validity of a nomination being questioned on an election petition.

F1 Words in Sch. 5 rule 10(1) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 5(a)(i) (with art. 1(3))

F2 Sch. 5 rule 10(1)(aa) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 5(a)(ii) (with art. 1(3))

F3 Sch. 5 rule 10(2)(c) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 1(2); S.I. 2023/1145, reg. 3(k) (with Sch. para. 1(1))

F4 Sch. 5 rule 10(3)(3A) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 51 (with art. 1(3))

F5 Words in Sch. 5 rule 10(3) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 5(b) (with art. 1(3))

F6 Sch. 5 rule 10(4)(4A) substituted for Sch. 5 rule 10(4) (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 5(c) (with art. 1(3))