South Australian Consolidated Acts South Australian Consolidated Acts7—Failure of election in certain cases
(1) If between the
close of nominations and the conclusion of an election a nominated
candidate—
(a) by
notice in writing to the returning officer, withdraws his or her nomination on
the ground of serious illness; or
(b)
ceases to be qualified for election,
the election will be taken to have wholly failed.
(2) The
returning officer cannot recognise the withdrawal of a nomination under
subsection (1)(a) unless the notice of withdrawal is supported by the
certificate of a legally qualified medical practitioner certifying that the
candidate is too ill to be able to carry out satisfactorily the duties of a
council member.
(2a) In addition,
subsection (1) does not apply if—
(a) the
event that would otherwise cause the election to fail occurs after the close
of voting; and
(b) the
returning officer declares, by notice published in the Gazette, that he or she
is satisfied that the candidate would not have been elected on the basis of
the votes cast at the relevant election.
(3) If—
(a)
between the close of nominations and the close of voting a nominated candidate
dies; and
(b) the
election is to fill one vacancy,
the election will be taken to have wholly failed.
(4) If between the
close of nominations and the close of voting two or more candidates die, the
election will be taken to have wholly failed.