sec.34Procedure if number of candidates not more than number required

### sec.34 Procedure if number of candidates not more than number required If the number of candidates properly nominated for an election is only equal to the number required to be elected— the nominees are taken to have been elected; and the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— on the electoral commission’s website; and in other ways the returning officer considers appropriate. If— no-one is nominated as a candidate in an election; or the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again. However, if proceedings for the election have previously started again under subsection (2) , the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government. Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed. If proceedings for an election are started again under subsection (2) — the deposits of the candidates must be refunded to the persons who paid the deposits; and the electoral commission must, by gazette notice, fix a new polling day for the election. s 34 amd 2012 No. 33 s 181 ; 2014 No. 44 s 113 sch 1 ; 2023 No. 30 s 112 (sec.34-ssec.1) If the number of candidates properly nominated for an election is only equal to the number required to be elected— the nominees are taken to have been elected; and the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— on the electoral commission’s website; and in other ways the returning officer considers appropriate. (sec.34-ssec.2) If— no-one is nominated as a candidate in an election; or the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again. (sec.34-ssec.3) However, if proceedings for the election have previously started again under subsection (2) , the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government. (sec.34-ssec.4) Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. (sec.34-ssec.5) Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed. (sec.34-ssec.6) If proceedings for an election are started again under subsection (2) — the deposits of the candidates must be refunded to the persons who paid the deposits; and the electoral commission must, by gazette notice, fix a new polling day for the election. - (a) the nominees are taken to have been elected; and - (b) the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— (i) on the electoral commission’s website; and (ii) in other ways the returning officer considers appropriate. - (i) on the electoral commission’s website; and - (ii) in other ways the returning officer considers appropriate. - (i) on the electoral commission’s website; and - (ii) in other ways the returning officer considers appropriate. - (a) no-one is nominated as a candidate in an election; or - (b) the number of candidates nominated is less than the number required to be elected; - (a) the deposits of the candidates must be refunded to the persons who paid the deposits; and - (b) the electoral commission must, by gazette notice, fix a new polling day for the election.