Presidential Elections Act, 1993

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Death of a candidate.

31.—(1) Where, more than 5 days before the last day for receiving nominations for the purposes of an election the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the presidential returning officer shall give public notice to that effect and the candidature of the person shall be deemed to have been withdrawn and, for the purposes of sections 15 and 16 , the person shall be deemed not to have been nominated to be a candidate at the election.

(2) Where, at any time during the period commencing 5 days before the last day for receiving nominations for the purposes of an election and ending at 12 noon on the said last day, the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the following provisions shall have effect:

(a) the election shall be discontinued and a fresh election shall be held and the presidential returning officer shall notify the Minister of the death of the person and shall give public notice that all acts done in connection with the discontinued election (other than the nomination of any surviving person nominated to be a candidate thereat) are void and that a fresh election will be held,

(b) all the proceedings for an election shall be commenced afresh, but (subject otherwise to the requirements of this Act) a fresh nomination shall not be necessary in respect of any surviving person nominated to be a candidate,

(c) for the purposes of sections 15 and 16 the nomination of the deceased person shall be deemed not to have been made, and

(d) the presidential election order concerned shall be deemed to be revoked and the Minister shall make a new presidential election order for the purposes of the fresh election.

(3) Where, at any time during the period commencing immediately after 12 noon on the last day for receiving nominations for the purposes of an election and ending on the completion of the ruling on nominations the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the presidential returning officer shall complete the ruling on nominations in accordance with this Act, and—

(a) if the deceased person has not been declared under section 20 to stand nominated as a candidate at the election, the election shall proceed as if the person had not died, and

(b) if the deceased person has been declared under section 20 to stand nominated as a candidate at the election, the provisions of paragraphs (a) to (d) of subsection (2) shall apply with the substitution of “declared to stand nominated as” for “nominated to be” in paragraphs (a) and (b) of the said subsection.

(4) Where, at any time after the completion of the ruling on nominations and before the close of the poll at an election the presidential returning officer becomes satisfied that a candidate standing nominated at the election has died—

(a) the provisions of paragraphs (a) to (d) of subsection (2) shall apply, subject to the substitution of “declared to stand nominated as” for “nominated to be” in paragraphs (a) and (b) of the said subsection,

(b) if the notice of the poll has been published, the presidential returning officer shall countermand the poll,

(c) any votes cast at the election shall be disregarded and the ballot papers shall be destroyed by the relevant local returning officers, and

(d) any ballot papers issued to postal voters and special voters at the election shall be disregarded and the local returning officers shall destroy any ballot papers received by them for inclusion in the countermanded poll.

(5) Where a candidate at an election dies in circumstances other than those referred to in subsection (1), (2), (3) or (4)—

(a) the death shall not invalidate the nomination of the candidate or any votes recorded for him,

(b) if the candidate is not elected, the death shall not invalidate or prejudicially affect the election of the candidate who is elected, and

(c) if the candidate is elected, the Minister shall, by order, cancel the election and direct that a fresh election be held, the presidential election order concerned shall be deemed to be revoked and the Minister shall make a new presidential election order for the purposes of the fresh election.