Paragraph 61 Independent candidateF1

(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).

Annotations

Textual amendments

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))

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule 5

Textual amendments

F1: SI 1985/454

Modifications

C1: Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))