69Death of candidate – election of ordinary members

69 Death of candidate – election of ordinary members (1) This regulation applies to the election of ordinary members of a council under regulation 68. (2) If a candidate for an electorate dies before the end of election day, the result of the election for the electorate must be determined as provided in Schedule 1, clause 18. (3) If a candidate for an electorate dies after election day and before the result of the election for the electorate is declared under regulation 71 (the deceased candidate), the result must be determined under Schedule 1 as if the deceased candidate had not died. (4) If the deceased candidate would have been elected on that determination (the original determination), the result of the election for the electorate must be further determined as follows: (a) if there is only one unelected candidate remaining on the original determination (including an excluded candidate as defined in Schedule 1) – that candidate is to be determined as elected; (b) otherwise – the votes are to be recounted under Schedule 1, clause 18 as if the deceased candidate were a candidate who died as mentioned in that clause. (5) The recount under subregulation (4)(b) must: (a) not take into account the result of the original determination; and (b) cease immediately after a candidate, other than a candidate who was determined to be elected on the original determination (a previously elected candidate), is determined to be the earliest elected. (6) The candidate who is determined as elected under subregulation (4)(a), or determined to be the earliest elected as mentioned in subregulation (5)(b), is to be elected in place of the deceased candidate for the electorate. (7) Despite the result of the original determination and the recount, each of the previously elected candidates is to be determined to be elected for the electorate.

Local Government (Electoral) Regulations 2021 43 (8) If more than one candidate has died as mentioned in subregulation (2): (a) subregulations (2) to (7) operate separately for each death in the order of the deaths; and (b) if 2 or more deaths occur at the same time – an older person is taken to have died earlier than a younger person.