E-2.1 - Act respecting elections in certain municipalities

Section 27 Disposition versions

1980-06-18

27. (Repealed).

1978, c. 63, s. 27; 1980, c. 16, s. 22.

1978-06-23

27. (1)  If the person contemplated in the first paragraph of section 22 and his co-candidate are the only candidates for the office of councillor in an electoral district, or are the only candidates remaining following the withdrawal of another candidate, there is no poll for such office, unless polling has begun before that candidate’s withdrawal, if that is the case.

One or the other is declared elected to that office as councillor, in conformity with section 30, as soon as a candidate has been elected mayor.

(2)  If a person contemplated in the first paragraph of section 22 dies, or withdraws his candidacy for mayor or councillor, before the closing of the poll, the second and third paragraphs of section 26 apply mutatismutandis, and the returning officer does not have to fix another day for the nomination for councillor nor proceed with a new election.

(3)  If a co-candidate dies or withdraws his candidacy before the expiry of the period provided for the nomination of candidates, another co-candidate must be nominated in conformity with section 22 before the expiry of that period.

If he dies or withdraws after the expiry of that period and before the closing of the poll, or if another co-candidate has not been nominated in due time, the person whose co-candidate he was ceases therefrom to be a candidate for the office of councillor if, under the act governing the municipality, the election for such office continues.

In the case provided for by the second paragraph, if the death or withdrawal occurred too late to enable the returning officer to have new ballot-papers printed for the election to the office of councillor, and it is necessary to hold a poll for such office, the polling clerk uses the papers in his possession, after striking out, visibly and evenly with an ink-line, the inscriptions concerning the person contemplated in the second paragraph and his co-candidate.

1978, c. 63, s. 27.