PARLIAMENTARY AND MUNICIPAL THE BALLOT ACT, 1872. 35 & 36 VICT. CAP. 33. An Act to amend the Law relating to Procedure at [18th July, 1872.] WHEREAS it is expedient to amend the law relating to procedure at parliamentary and municipal elections : Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows: PART I. PARLIAMENTARY ELECTIONS. Procedure at Elections. of candidates 1. A candidate for election to serve in parliament for a Nomination county or borough shall be nominated in writing. The for parliawriting shall be subscribed by two registered electors of elections. such county or borough as proposer and seconder, and by eight other registered electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to B the returning officer by the candidate himself, or his proposer or seconder (a). If at the expiration of one hour after the time appointed for the election no more candidates stand nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected, and return their names to the Clerk of the Crown in Chancery; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this Act mentioned. A candidate may, during the time appointed for the election, but not afterwards, withdraw from his candidature by giving a notice to that effect, signed by him, to the returning officer (b): Provided, that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written (a) The form of nomination paper is given in the first schedule to the Act, post, p. 68, and the appointment of the time for the election is regulated by the same schedule, clauses 1 and 2, post, pp. 39, 40. See sects. 14-30 of the first schedule, pp. 44-50, post, as to the manner of taking the poll at an election. (b) The notice of withdrawal of the candidate may be in the following form: To the ("sheriff," or other returning officer) of the of I, the undersigned of in the of of having been duly nominated, at the election now pending, as a proper person to serve as member for the in parliament, do hereby give you notice that I with draw my candidature for election. notice signed by him and delivered to the returning officer, together with a written declaration of such absence of the candidate (c). If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand notice of the poll, and all the proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been received by the returning officer on the day on which proof was given to him of such death; provided that no fresh nomination shall be necessary in the case of a (c) The "proposer" will be the registered elector whose name stands first in the nomination paper; but it will be observed that the form of nomination paper in the schedule says nothing about a "proposer" or "seconder." The withdrawal on the part of the proposer may be in the following form : To the (sheriff or other returning officer) of the I, the undersigned of of in the of being the proposer at the election now pending of the following person as a proper person to serve as member for the said in parliament, Surname. Other Names. Abode. Rank, Profession, or do hereby give you notice that I withdraw such candidate for election; and I hereby declare that I nominated the said candidate in his absence out of the United Kingdom. proposer. Poll at clec tions. candidate who stood nominated at the time of the 2. In the case of a poll at an election the votes shall (a) The Act is silent as to what shall be sufficient "proof :" of death of the candidate, strict legal documentary proof will probably not be necessary. On being satisfied of the fact of death the returning officer is to countermand notice of the poll; but the proceedings are to commence afresh, as if the writ had been received by the returning officer on the day on which proof was given to him of the death. It seems that the returning officer must determine for himself what proof will be sufficient to satisfy him of the death of the candidate. The countermand of the poll may be as follows:Whereas an election of members to serve in parliament for the of is now pending, and whereas of in the of , was duly nominated as a proper person on the day of , in parliament: And day of ,18 , given to died at , in the of , 18; and I, the undersigned, the (sheriff or other returning officer) of the said of therefore in pursuance of the statute in that behalf made and provided, do hereby countermand notice of the poll which I fixed to take place on the day of ,18 1 |