Filling vacancy if successful candidate dies
55A Filling vacancy if successful candidate dies
This section applies if—
a candidate dies between the close of voting at an election and the first meeting of the council after that election; and
the election was to fill 2 or more vacancies; and
the candidate is, according to the counting of votes cast at the election, a successful candidate and no other candidate who was also a successful candidate according to those votes has died.
In a case where this section applies—
the returning officer must, in accordance with the regulations, determine the candidate in the most recent election for the relevant office to fill the vacancy (a successful candidate);
and
the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—
is still willing to be elected to the relevant office; and
is still eligible to be elected to the relevant office; and
—
if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or
if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.
This Act’s bill:Second reading speech
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