The Greater London Authority Elections Rules 2007

Deceased independent candidate wins

64.—(1) This rule applies if at an election mentioned in rule 63 either—

(a) the deceased candidate is given a majority of votes in accordance with rules 55(5) or (6),

(b) the deceased candidate is given more than half of all the first preference votes in accordance with rule 55(4)(a), or

(c) the deceased candidate is given the greatest total number of votes following the second calculation in accordance with rule 56.

(2) Rule 57 (declaration of result) does not apply but the GLRO must—

(a) declare that the majority or greatest total number of votes has been given to the deceased candidate,

(b) declare that no person is returned, and

(c) give public notice of the relevant figures supplied to election agents in accordance with rules 56(2) and 57(2) together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents apply to any documents relating to a poll to which paragraph (1) applies as they would if the election had resulted in a declaration under rule 57.

(4) Rule 58 (return or forfeiture of candidate’s deposit) does not apply in relation to the remaining candidates.

(5) The election must be commenced afresh within the period of 35 days (computed in accordance with rule 4) beginning with the day of the election to which paragraph (1) applies.

(6) The proceedings with reference to the recommenced election must be conducted in accordance with these Rules as modified by the following provisions of this rule and the provisions in the By-election timetable.

(7) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated for the election to which paragraph (1) applies, and no other nomination may be made for the recommenced election.

(8) Instead of the information required by rule 5(1)(a) (date by which nomination papers must be received), the notice of election issued at the recommenced election must state that no fresh nomination may be made.

(9) Rule 9 (deposit) does not apply.