European Parliament Elections Act 1997

Death of a candidate.

27. (1) Where, not less than forty eight hours before the F75[latest time for receiving nominations specified in rule 10(3)], the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2) Where, at any time during the period beginning forty eight hours F75[before the latest time for receiving nominations specified in rule 10(3)] and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the European election —

(a) the returning officer shall forthwith notify the Minister and the F76[chief returning officer] of the death of the candidate and at the same time, if notice of the poll has been given, the returning officer shall countermand the poll,

(b) the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,

(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the publication of the notice under subparagraph (b) in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date,

(e) the polling day at the fresh election shall be fixed by the Minister,

(f) rule 3 shall not apply in relation to the fresh election and references to the Register of Political Parties contained in rule 5 shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the original election.

(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died —

(a) all votes cast at the European election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer,

(b) the provisions of subparagraphs (a) to (f) of paragraph (2) shall apply.

(4) Where a candidate at a European election dies in circumstances other than those referred to in paragraph (1), (2) or (3) the following provisions shall apply:

(a) the death of the candidate shall not invalidate the candidate’s nomination or any preference recorded for him or her, and

(b) if the candidate is elected —

(i) such election shall not be invalidated by reason of the candidate’s death and he or she shall be deemed to have been elected as a representative to the Parliament by virtue of this Act and to have resigned office immediately after having so become such a representative, and

(ii) section 19 shall apply as regards the resultant vacancy in the Parliament.

(5) Where a poll is countermanded under this rule, all ballot papers issued to postal voters and special voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received for inclusion in the countermanded poll.