The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 PART 6 N.I. DEATH OF CANDIDATE

Textual Amendments

F1 Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1

Independent candidate N.I.

70.— (1) This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.

(2) Subject to this rule and rule 71, these rules apply to the election as if the candidate had not died.

(3) The following provisions of these rules do not apply in relation to the deceased candidate—

(a) rule 34(1)(c) and (d) (admission to polling station);

(b) rule 49(2)(b) to (d) (attendance at verification of ballot paper accounts);

(c) rule 51(3)(b) to (d) (attendance at counting of votes);

(d) rule 65(5) (return or forfeiture of candidate’s deposit).

(4) For the purposes of this rule a person is named or to be named in the ballot papers as an independent candidate if the description (if any) on his nomination paper is not as authorised as mentioned in rule 5(1) or (3).

Deceased independent candidate’s votes are equal to or exceed the quota N.I.

71.— (1) This rule applies if at an election mentioned in rule 70(1) the deceased candidate’s votes are equal to or exceed the quota.

(2) Rule 64(1) (declaration of result) does not apply but the returning officer must—

(a) declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b) declare that no MEP is returned, and

(c) give public notice of —

(i) the number of first preference votes given for each candidate,

(ii) any transfer of votes,

(iii) the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv) the order in which the successful candidates were, subject to the provisions of this rule, elected, and

(v) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 54(3).

(3) Rule 65 does not apply in relation to the remaining candidates.

(4) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

(5) The day appointed by order under section 4 of the 2002 Act must be taken as the first Thursday after the expiry of 45 days starting on the day of the election mentioned in rule 70(1).

(6) No fresh nomination is necessary in the case of a person shown in the statement of candidates nominated as standing nominated, and no other nomination may be made.

(7) The last day on which notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the fourteenth day before the day appointed for the poll under paragraph (5).

(8) Rule 8 does not apply.

(9) In this rule and rule 72 any period of days shall be calculated in accordance with rule 2(1) except that paragraph (1)(b) of that rule shall be applied as if this were an election to which rule 2(2)(b) applied.

Party candidate N.I.

72.— (1) This rule applies if—

(a) at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, and

(b) that person is standing in the name of a registered political party.

(2) The returning officer must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned.

(3) The procedure with reference to the election must be commenced afresh subject to the following provisions of this rule.

(4) The day appointed by order under section 4 of the 2002 Act must be taken as the first Thursday after the expiry of 45 days starting on the day the proof is given to the returning officer.

(5) No fresh nomination is necessary in the case of a person shown in the statement of candidates nominated as standing nominated.

(6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.

(7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the fifteenth day before the day appointed for the poll under paragraph (4).

(8) The last day on which notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the fifteenth day before the day appointed for the poll under paragraph (4).

(9) For the purposes of this rule—

(a) a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 5(1) or (3); and

(b) a registered political party is a party which is registered under Part 2 of the 2000 Act.

[F2 (10) This rule does not apply where the deceased candidate is an ineligible candidate within the meaning of rule 52.]

Textual Amendments

F2 Sch. 1 rule 72(10) inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 19 (with reg. 1(3))

Abandoned poll N.I.

73.— (1) This rule applies to a poll which is abandoned in pursuance of rule 72(2)(b).

(2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery of ballot boxes and ballot papers and other documents as he is required to take on the close of the poll except that he must deliver or cause them to be delivered to the returning officer.

(3) The returning officer (as the Chief Electoral Officer for Northern Ireland) must retain the ballot papers and other documents in his possession as he is required to do on the completion of the counting of the votes.

(4) It is not necessary for a ballot paper account to be prepared or verified.

(5) No step or further step is to be taken for the counting of the ballot papers or of the votes.

(6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.]