Death or incapacity of successful constituency candidate after close of poll and before declaration of result

1 This section applies if— a a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and b it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected. 2 3 Once the Electoral Commission is satisfied that the candidate has died or that the candidate’s nomination has been cancelled on the grounds of incapacity , an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ— a the name of the candidate; and b that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and c the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. Section 153C : inserted , on 28 February 2002 , by section 61 of the Electoral Amendment Act 2002 (2002 No 1). Section 153C(2) : repealed , on 20 December 2025 , by section 101(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 153C(3) : amended , on 20 December 2025 , by section 101(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153C(3) : amended , on 1 October 2010 , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).