Electoral Administration Act 2006

New rule 60: Independent candidate

131. Rule 60(1) applies if at a contested UK Parliamentary 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 papers as an independent candidate has died.

132. Rule 60(2) provides that where an independent candidate dies, the election will continue as if that candidate has not died, subject to this rule and rules 61 and 62.

133. Rule 60(3) states the exceptions where the rules of Schedule 1 to the Representation of the People Act 1983 do not apply to a deceased independent candidate. These are:

(a)

rule 32(1)(c) and (d) (admission to polling station) – the polling agents of a deceased candidate are not permitted to enter a polling station;

(b)

rule 44(2)(b) to (d) (attendance at count) – the election agent, counting agents or spouse of a deceased candidate are not automatically entitled to be present at the count; and

(c)

rule 53(4) (forfeiture of deposit) – the deposit of a deceased independent candidate will not be forfeit under any circumstances.

134. Rule 60(4) provides that where there are only two candidates shown in the statement of persons nominated, and one of those candidates dies, the election will be treated as an uncontested election. Either the notice of poll will be countermanded, or if polling as begun, the returning officer will direct that the poll is abandoned, and any prescribed election documents disposed of in the manner set out in Rule 65 of schedule 1 to the Representation of the People Act 1983.

135. Rule 60(5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B).