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ELECTORAL ACT 2004 - SECT 232 When by-election to be conducted rather than recount

ELECTORAL ACT 2004 - SECT 232

When by-election to be conducted rather than recount

(1)  If –
(a) a vacancy which the Governor would be required to notify the Commissioner of under section 226(1) occurs; and
(b) none of the candidates who were included in the same registered party group as the vacating Member are available to contest the vacancy –
the registered officer of that registered party may, by notice in writing to the Commissioner no later than 24 hours after the close of nominations for the recount, request that a by-election be held to fill the vacancy.
(2)  For the purposes of subsection (1)(b) a candidate –
(a) is taken to be included in the same registered party group if his or her name appeared under the same party name on the ballot paper for the election at which the vacating Member was elected; and
(b) is taken to be not available if –
(i) he or she provides the Commissioner with a statutory declaration stating that he or she will not be nominating to contest the recount; or
(ii) the Commissioner is satisfied that he or she is not eligible to contest the recount; or
(iii) at the close of nominations, a nomination for that candidate has not been accepted.
(3)  As soon as practicable after receiving a request under subsection (1) , the Commissioner is to –
(a) report the request to the Governor; and
(b) take no further action in relation to the conduct of a recount under this Part.
(4)  Votes cast at an Assembly by-election are to be counted in accordance with Schedule 4 , with such modifications as the Commission determines.