New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 220

220 Death of candidate during election period

(1) Death of candidate before close of nominations If a candidate for an election dies, after being nominated and before 12 noon on the nomination day for the election, the day named as the nomination day for that election is taken to be the day following the named nomination day.

(2) Death of candidate after close of nominations but before 6 pm on election day If after 12 noon on the nomination day and before 6 pm on the election day for an election for any district, any candidate dies--

(a) the election is taken to have failed, and

(b) a new writ is to be issued for an election for the district.

(3) If, after 12 noon on the nomination day and before the election day of a periodic Council election, any candidate dies and there are not more than 21 candidates remaining, the Electoral Commissioner is to publicly declare the remaining candidates to be duly elected and publicly advertise the declaration and return the writ endorsed according to that declaration.

(4) If, after 12 noon on the nomination day and before the election day of a periodic Council election, any candidate dies and there are more than 21 candidates remaining--

(a) the election is not taken to have failed, and

(b) if the deceased candidate is elected, a vacancy is taken to occur.

(5) Death of candidate after 6 pm on election day If after 6 pm on election day for any election, but before the election has been declared, a candidate in the election dies--

(a) the election is not taken to have failed, and

(b) if the deceased candidate is elected, a vacancy is taken to occur.