Application for cancellation of nomination if candidate incapacitated after close of nominations

1 An application may be made for the cancellation of the nomination of a candidate if,— a in the case of a candidate whose name is included on a list submitted under section 127 , the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5) : b in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll. 2 An application under subsection (1) must be made as follows: a if the candidate was nominated under section 143 ,— i the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: ii the application must be made to the Electoral Commission : b if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K , or is a candidate whose name is included on a list submitted under section 127 ,— i the application must be made by the secretary of the party: ii the application must be made to the Electoral Commission . 3 The application must be made on a form provided by the Electoral Commission , and must be witnessed by a Justice of the Peace or a solicitor. 4 The application must be accompanied by a certificate signed by a medical practitioner that certifies— a as to the candidate’s condition; and b that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A . 5 The application— a must be submitted to the Electoral Commission — i as soon as practicable after the candidate becomes incapacitated; and ii before the declaration of the result of the poll; and b may be submitted by hand, post, or electronically . Section 153G : inserted , on 28 February 2002 , by section 61 of the Electoral Amendment Act 2002 (2002 No 1). Section 153G(2)(a)(ii) : amended , on 20 December 2025 , by section 103(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 153G(2)(b)(ii) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153G(3) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153G(4) : amended , on 18 September 2004 , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Section 153G(5)(a) : amended , on 20 December 2025 , by section 103(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153G(5)(a) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153G(5)(b) : amended , on 25 March 2014 , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).