sec.36Procedure on death of candidate when poll to be conducted

### sec.36 Procedure on death of candidate when poll to be conducted If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election— for a candidate for mayor—the proceedings for the election of the mayor must start again; and for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again. Also, the Minister may, by gazette notice, direct that— if subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or if subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or if subsection (1) (c) applies— proceedings for holding an election of the mayor of the local government start again; and proceedings for the election of councillors for the other divisions of the local government start again. The deceased candidate’s deposit must be refunded to— if the deposit was paid by someone other than the candidate—the other person; or otherwise—the candidate’s personal representative. The deposits of other candidates must be refunded to the persons who paid the deposits. If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election. s 36 amd 2012 No. 33 s 182 (sec.36-ssec.1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election— for a candidate for mayor—the proceedings for the election of the mayor must start again; and for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again. (sec.36-ssec.2) Also, the Minister may, by gazette notice, direct that— if subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or if subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or if subsection (1) (c) applies— proceedings for holding an election of the mayor of the local government start again; and proceedings for the election of councillors for the other divisions of the local government start again. (sec.36-ssec.3) The deceased candidate’s deposit must be refunded to— if the deposit was paid by someone other than the candidate—the other person; or otherwise—the candidate’s personal representative. (sec.36-ssec.4) The deposits of other candidates must be refunded to the persons who paid the deposits. (sec.36-ssec.5) If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election. - (a) for a candidate for mayor—the proceedings for the election of the mayor must start again; and - (b) for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and - (c) for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again. - (a) if subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or - (b) if subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or - (c) if subsection (1) (c) applies— (i) proceedings for holding an election of the mayor of the local government start again; and (ii) proceedings for the election of councillors for the other divisions of the local government start again. - (i) proceedings for holding an election of the mayor of the local government start again; and - (ii) proceedings for the election of councillors for the other divisions of the local government start again. - (i) proceedings for holding an election of the mayor of the local government start again; and - (ii) proceedings for the election of councillors for the other divisions of the local government start again. - (a) if the deposit was paid by someone other than the candidate—the other person; or - (b) otherwise—the candidate’s personal representative.