Electoral Law Act (Northern Ireland) 1962

Part VII N.I. Death of Candidate

Independent candidate N.I.

[F1 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).]

F1 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Deceased independent candidate’s votes are equal to or exceed the quota N.I.

[F2 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)—

Timetable

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 applies in computing any period of time for the purpose of the timetable set out in paragraph (4).

F2 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Party candidate N.I.

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)—

Timetable

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 in the Northern Ireland register (within the meaning of that Act).

F2 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Abandoned poll N.I.

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.]

F2 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Modifications etc. (not altering text)

C1 Sch. 5 rule 64(1)-(6) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 40

N.I. APPENDIX OF FORMS

F3 F4 Form 1

F3 Sch. 5 Appendix Form 1 replaced (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(a), Sch. 1 (with art. 1(3))

F4 Sch. 5 Form 1 note 3 substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 21; S.I. 2023/1145, reg. 3(h)(ii) (with Sch. para. 1(2))

N.I.

F5 F6 F7 Form 2

F5 Sch. 5 Appendix Form 2 replaced (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(b), Sch. 2 (with art. 1(3))

F6 Sch. 5 Form 2: “, qualifying EU citizen (within the meaning of section 203A of the Representation of the People Act 1983) or EU citizen with retained rights (within the meaning of section 203B of that Act)” substituted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) for “or a citizen of another Member State of the European Union” by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 7; S.I. 2023/1145, regs. 3(i)(v), 5(b) (with S.I. 2024/319, regs. 1(4), 16)

F7 Sch. 5 Form 2: “, or by reason of an order under section 30 of the Elections Act 2022” inserted (1.11.2023) after “printed overleaf” by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 1(3); S.I. 2023/1145, reg. 3(k) (with Sch. para. 1(2))

N.I.

F8 Form 3

F8 Sch. 5 Appendix Form 3 replaced (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(c), Sch. 3 (with art. 1(3))

F9 Form 4

F9 Sch. 5 Appendix Form 4 replaced (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(d), Sch. 4 (with art. 1(3))

F10 Sch. 5 Appendix of Forms, Forms 4A, 4B inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 84 (with art. 1(3))

F11 Form 5

F11 Sch. 5 Form 5 substituted (4.4.2024) by The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), art. 1(2), Sch. 2 (with art. 1(3))

N.I.

[F12 5A. Declaration of identity (combined polls) (rule 21) ( for use when a parliamentary poll is combined with a local poll)]

F12 Sch. 5 Form 5A inserted by 2001 c. 7, Sch. para. 29 (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9(7); (13.7.2020) by S.I. 2020/635, arts. 1(2), 11 (with art. 1(3)))

N.I. Front of form

N.I. ELECTION OF DISTRICT COUNCILLORS

N.I. DECLARATION OF IDENTITY

To be returned with the [ insert colour of ballot paper] coloured ballot paper No .

I hereby declare that I am the person to whom the [ insert colour of ballot paper] coloured ballot paper numbered as above was sent.

[F13 Except where the voter is a proxy: My date of birth is [DD/MM/YEAR].]

F13 Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 86 (with art. 1(3))

Voter's signature

The voter, who is personally known to me, has signed this declaration in my presence.

Witness's signature

* Name of witness (WRITE CLEARLY)

* Address of witness (WRITE CLEARLY)

*(Returning officer to omit where ballot papers sent to an anonymous elector.)

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

N.I. Back of form

N.I. INSTRUCTIONS TO THE VOTER

1. You must sign this declaration of identity in the presence of a person known to you. You are required to do this even if you have already signed a similar declaration of identity in respect of another election to be held on the same day. That person should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid. If you are an elector with an anonymous entry in the register, or you are the proxy for such a person, the name and address of the witness should not be included. However, you do need to sign this declaration in the presence of a witness and the witness must sign the form.

2. You should place the figure 1 opposite the name of the candidate for whom you wish to vote and in addition you may, if you wish, place the figure 2 opposite the name of the candidate of your second choice, the figure 3 opposite the name of the candidate of your third choice and so on in the order of your preference. You may indicate by figures as many or as few preferences as you wish.

3. The figure or figures should be placed in the spaces provided at the left-hand side of the paper opposite the name of the candidate for whom you intend it. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

4. In no circumstances write anything else on the paper; if you do your vote may be invalid.

5. Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked A), declaration of identity and covering envelope (the larger envelope marked B). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows—

(a)  place each ballot paper in the correct smaller envelope and seal it;

(b) put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;

(c) return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of poll.

6 .If you receive more than one ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election. You are entitled to vote at different elections which are held on the same day.

7. At this election you cannot vote in person at a polling station, even if you receive an official poll card.

8. If you inadvertently spoil your ballot paper, you can apply to the returning officer for another one. With your application you must return, in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked A and B. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.

F14 Form 6

F14 Sch. 5 Form 6 substituted (31.10.2023) by The Local Elections (Northern Ireland) Order 2023 (S.I. 2023/1083), arts. 1(2), 5(1)(a), Sch. 1

N.I.

F15 Form 6A

F15 Sch. 5 Form 6A substituted (4.4.2024) by The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), art. 1(2), Sch. 3 (with art. 1(3))

F16 Form 7

F16 Sch. 5 Form 7 substituted (31.10.2023) by The Local Elections (Northern Ireland) Order 2023 (S.I. 2023/1083), arts. 1(2), 5(1)(b), Sch. 2

N.I.

F17 Form 7A

F17 Sch. 5 Form 7A substituted (4.4.2024) by The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), art. 1(2), Sch. 4 (with art. 1(3))

F18 Form 8

F18 Sch. 5 Appendix Form 8 substituted (20.3.2015) by The Local Elections (Forms) (Northern Ireland) Order 2015 (S.I. 2015/566), arts. 1(2), 2(12), Sch. 8

N.I.

F19 Sch. 5 Appendix of Forms, Forms 8A, 8B inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 90 (with art. 1(3))

F20 F21 Form 9

F20 Sch. 5 Appendix Form 9 substituted (20.3.2015) by The Local Elections (Forms) (Northern Ireland) Order 2015 (S.I. 2015/566), arts. 1(2), 2(13), Sch. 9

F21 Sch. 5 Appendix Form 9: the words “relevant council]” substituted for “District Council] District” (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(e) (with art. 1(3))

F22 F23 F24 F25 Form 10

F22 Sch. 5 Appendix Form 10 substituted (20.3.2015) by The Local Elections (Forms) (Northern Ireland) Order 2015 (S.I. 2015/566), arts. 1(2), 2(14), Sch. 10

F23 Sch. 5 Appendix Form 10: the words “relevant council]” substituted for “District Council] District” (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 9(e) (with art. 1(3))

F24 Sch. 5 Form 10: in the section of the form beginning “I have been requested” the words “I am aged 18 or over” substituted (29.12.2022) for the words from “I am entitled” to “does not apply” by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 22(a); S.I. 2022/1270, reg. 2(c)(iv) (with reg. 3)

F25 Sch. 5 Form 10: in the section of the form beginning “NOTE” the words “, except the elector to whom assistance is being provided,” inserted (29.12.2022) after “any person” by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 22(b); S.I. 2022/1270, reg. 2(c)(iv) (with reg. 3)