Incapacity of candidate before close of nominations

1 If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination. 2 Section 152B sets out how an application under subsection (1) must be made, and section 152C sets out how it is to be dealt with. 3 If the Electoral Commission cancels the nomination in accordance with section 152C(3) ,— a the candidate’s nomination is to be treated in all respects as if it had not been made; and b the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it. 4 If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then— a the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and b the Electoral Commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations. Section 152A : inserted , on 28 February 2002 , by section 61 of the Electoral Amendment Act 2002 (2002 No 1). Section 152A(3) : amended , on 20 December 2025 , by section 96 of the Electoral Amendment Act 2025 (2025 No 82). Section 152A(3) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 152A(4)(b) : amended , on 20 December 2025 , by section 96 of the Electoral Amendment Act 2025 (2025 No 82). Section 152A(4)(b) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).