Constitutional Convention (Election) Act 1997
119Candidate from same group may be declared elected
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119 Candidate from same group may be declared elected
(1) If the former delegate was, at the time of his or her election, a *grouped candidate, the Chairman of the Convention may request the Electoral Commissioner to determine whether the vacancy can be filled under this section.
(2) A vacancy may be filled under this section if:
(a) another candidate, or other candidates, in the *group to which the former delegate belonged was not elected; and
(b) the candidate, or one of those candidates (as the case requires), is available and willing to fill the vacancy.
(3) If the Electoral Commissioner determines that the vacancy may be filled under this section, he or she must declare elected the candidate ascertained under subsection (4).
(4) The candidate ascertained for the purposes of subsection (3) is:
(a) if there is only one candidate who, in the opinion of the Electoral Commissioner, meets the requirements of paragraphs (2)(a) and (b)—that candidate; and
(b) if there is more than one such candidate—the candidate whose name appeared higher in the *list of candidates than all the other such candidates.
(5) The Electoral Commissioner must give written notice to the Chairman of the Convention of:
(a) the name of the candidate who has been declared elected under this section; or
(b) the fact that the vacancy cannot be filled under this section.