126Further action in relation to declarations

126  Further action in relation to declarations

 (1) If no unsuccessful candidate has made a declaration, the Electoral Commissioner must notify the TSRA in writing that he or she cannot proceed with the filling of the casual vacancy by recounting votes.

 (2) If only 1 unsuccessful candidate has made a declaration, the Returning Officer must declare that unsuccessful candidate to be elected.

 (3) If more than 1 unsuccessful candidate has made a declaration, a recount must be held.

 (4) If the TSRA receives a notice from the Electoral Commissioner under subrule (1) or subrule 119 (3), the TSRA must notify the Minister that the vacancy cannot be filled by recounting votes.

 (5) If the Returning Officer declares a candidate to be elected under subrule (2), the Returning Officer must, as soon as practicable after 12.00 noon on declaration day:

 (a) make and sign a statement setting out the name of the person elected; and

 (b) give a copy of the statement to the Electoral Commissioner.

 (6) As soon as practicable after receiving the statement, the Electoral Commissioner must give a copy of the statement to the TSRA.