sec.38Changing nomination day or polling day

### sec.38 Changing nomination day or polling day This section applies if a returning officer publishes— notice of a nomination day under section 25 ; or notice of the day a poll will be conducted under section 35 . The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by— a storm, flood, fire or a similar happening; or a riot or open violence; or another exceptional circumstance. If the electoral commission fixes a later day under subsection (2) — the later day must be— for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and the returning officer— may give any necessary directions to candidates, and to electors, about the procedures to be followed; and must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate. s 38 amd 2019 No. 30 s 165 (sec.38-ssec.1) This section applies if a returning officer publishes— notice of a nomination day under section 25 ; or notice of the day a poll will be conducted under section 35 . (sec.38-ssec.2) The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by— a storm, flood, fire or a similar happening; or a riot or open violence; or another exceptional circumstance. (sec.38-ssec.3) If the electoral commission fixes a later day under subsection (2) — the later day must be— for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and the returning officer— may give any necessary directions to candidates, and to electors, about the procedures to be followed; and must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate. - (a) notice of a nomination day under section 25 ; or - (b) notice of the day a poll will be conducted under section 35 . - (a) a storm, flood, fire or a similar happening; or - (b) a riot or open violence; or - (c) another exceptional circumstance. - (a) the later day must be— (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and - (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or - (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and - (b) the returning officer— (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate. - (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and - (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate. - (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or - (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and - (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and - (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.