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E-3.3 - Election Act

Section 259
Disposition versions

Full text
259. Where the candidate of an authorized party dies between the twenty-first day preceding polling day and that of the close of the poll, polling day shall be postponed unless the leader of the party informs the Chief Electoral Officer in writing, within 48 hours after the day of the death of the candidate, that the leader does not intend to endorse any other person as a candidate.
If the polling day is postponed, nomination papers must be filed not later than the second Monday after the day of the death of the candidate if that day is a Monday, Tuesday or Wednesday, or the third Monday after the day of the death of the candidate if that day is another day. The poll shall take place on the second subsequent Monday.
The returning officer shall, after informing the Chief Electoral Officer, immediately make available to the public, in the manner determined by directive of the Chief Electoral Officer, a notice informing the electors of the new period for filing nomination papers and of the new polling date.
If the polling day is not postponed, sections 257 and 258 apply with the necessary modifications.
The death of an independent candidate does not entail the postponement of the polling day and sections 257 and 258 apply with the necessary modifications.
1989, c. 1, s. 259; 2001, c. 2, s. 21; 2021, c. 37, s. 65.
259. Where the candidate of an authorized party dies between the twenty-first day preceding polling day and that of the close of the poll, polling day shall be postponed unless the leader of the party informs the Chief Electoral Officer in writing, within 48 hours after the day of the death of the candidate, that the leader does not intend to endorse any other person as a candidate.
If the polling day is postponed, nomination papers must be filed not later than the second Monday after the day of the death of the candidate if that day is a Monday, Tuesday or Wednesday, or the third Monday after the day of the death of the candidate if that day is another day. The poll shall take place on the second subsequent Monday.
The returning officer shall, after informing the Chief Electoral Officer, immediately publish, in the manner prescribed by regulation, a notice informing the electors of the new period for filing nomination papers and of the new polling date.
If the polling day is not postponed, sections 257 and 258 apply with the necessary modifications.
The death of an independent candidate does not entail the postponement of the polling day and sections 257 and 258 apply with the necessary modifications.
1989, c. 1, s. 259; 2001, c. 2, s. 21.
259. Where a candidate dies between the twenty-first day preceding polling day and that of the close of the poll, polling day shall be postponed.
Nomination papers shall then be filed no later than the second Monday following the day of the death of the candidate, and the poll shall take place on the second subsequent Monday.
The returning officer shall, after informing the chief electoral officer, immediately publish, in the manner prescribed by regulation, a notice informing the electors of the new period for filing nomination papers and of the new polling date.
1989, c. 1, s. 259.
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