Western Australian Current Acts Western Australian Current Acts (1) If, in a Council
election where the relevant number is more than one, a candidate dies during
the relevant period and the candidates remaining are not greater in number
than the candidates required to be elected, the returning officer must declare
the remaining candidates duly elected.
(1A) In subsection (1)
—
relevant period means the period beginning when
nominations have been declared and ending before the hour of closing the poll.
(2) If, after the
nominations have been declared and before or on polling day before the hour of
closing the poll, any candidate in a single member election dies, such
election must, by reason of such death, be deemed to have wholly failed, and
in such case the following provisions apply:
(a)
Where the candidate dies before polling day the returning officer must, upon
being satisfied of the fact of the death of the candidate —
(i)
countermand the notice of the poll; and
(ii)
report the fact of the death and the date of the
countermand of the notice of the poll to the Electoral Commissioner; and
(iii)
if a polling place for the single member election is an
early polling place for another election that is also being held — keep
the polling place open for receiving votes for the other election on the early
voting days.
(b)
Where the candidate dies on polling day, the returning officer must, upon
being satisfied of the fact of the death of the candidate —
(i)
immediately close the poll for the election for which the
deceased candidate had nominated; and
(ia)
keep the polling place open for receiving votes for candidates for any other
elections then being held; and
(ii)
report the fact of the death and the time of the closing
of the poll to the Electoral Commissioner.
(ba) On
receipt of a report under paragraph (a)(ii) or (b)(ii) in relation to an
election in a district the Electoral Commissioner is to send a notice, with a
copy of the report, to the Speaker or the Governor, whichever of them caused
the writ to be issued.
(bb) If
there is no Speaker, and Parliament is not in session, or if the Speaker is
absent from the State, a notice under paragraph (ba) may be sent to the
Governor in any case.
(bc) On
receipt of a report under paragraph (a)(ii) or (b)(ii) in relation to a
Council election the Electoral Commissioner must send a notice, with a copy of
the report, to the President.
(bd) If
there is no President, and Parliament is not in session, or if the President
is absent from the State, a notice under paragraph (bc) may be sent to the
Governor in any case.
(c)
Where any poll is interrupted, in consequence of the death of a candidate all
ballot papers placed in the several ballot boxes in respect of the election
for which the deceased candidate had nominated must be taken out by the
several presiding officers, and, being made up into sealed packages, must be
sent by them respectively unopened to the returning officer for the whole of
State electorate or returning officer for a district who must, in the presence
of a magistrate or justice of the peace, burn or otherwise destroy the sealed
packages unopened.
(d) When
a notice is sent under paragraph (ba) a fresh writ must be issued forthwith
for a new election in the place of the election which has failed as aforesaid,
and save and except as in this subsection otherwise provided, all proceedings
in connection with such new election must be had and taken anew.
(e) The
roll prepared for the election which has failed must, without any amendment
thereof or addition thereto, be used at the new election.
[(f) deleted]
(g) The
appointment of officials and of polling places as made for and in connection
with the election which has failed, is not merely by reason of the failure of
such election, be void or in any way affected, and may continue and apply for
and in connection with the new election:
Provided that nothing
in this paragraph operates so as to prevent the cancellation of any of the
appointments aforesaid or the making of new appointments of officials or of
polling places for and in connection with the new election.
(3) If, after the
close of the poll for a single member election and before the counting of the
votes in the election has been completed, a candidate dies, and on the
completion of the count of the votes it is found that such candidate, if still
living, would have been entitled to be declared and to be returned as elected,
no candidate is returned as elected at the election, and section 89 applies.
(4) Subsection (5)
applies if —
(a) a
candidate in a Council election where the relevant number is more than one
dies during the period beginning on the close of the poll for the election and
ending when the counting of the votes in the election has been completed; and
(b) the
candidate is elected.
(5) The candidate is
taken for the purposes of the Constitution Acts Amendment Act 1899 section 10
and Part IVA of this Act to have vacated a seat in the Council immediately
after being elected.
[Section 88 inserted: No. 18 of 1940 s. 3;
amended: No. 58 of 1951 s. 7; No. 33 of 1967 s. 11; No. 40 of 1987 s. 50 and
84; No. 36 of 2000 s. 17 and 48(1); No. 20 of 2021 s. 54; amended: No. 30 of
2023 s. 78.]