34. Contested elections

Amended

Last amended by an amending law of 2023.

(1)

If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objections which may have been lodged, more candidates than one stand nominated for that division, the Returning Officer must —

(a)

immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and

(b)

allot to each candidate an approved symbol which must be printed on the ballot paper opposite that candidate’s name.

(1A)

The Returning Officer may, in his or her discretion, allot to any candidate some other symbol selected by the candidate or by the political association to which the candidate belongs.

(2)

In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification in the Gazette.

(3)

Subject to subsection (1A), the determination of the approved symbol to be allotted to each candidate must be made by lot by the Returning Officer.

(4)

A candidate must not be allotted any symbol which is of any racial or religious significance.

(5)

In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer is final and is not to be questioned.

(6)

The Returning Officer must cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —

(a)

the electoral division in which the election is contested;

(b)

whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;

(c)

the day and hours of the poll at every overseas polling station and special polling station;

(d)

the date on which the poll will be taken, the date being not earlier than the 10th day, and not later than the 56th day, after the date of publication of the notice in the Gazette (called in this Act polling day);

(e)

the names of the candidates in the order in which they will be printed on the ballot papers, the symbol allotted to each candidate and the names of their proposers and seconders; and

(f)

the situation of the polling stations for that electoral division and the particular polling stations (if any) reserved for female voters.

(7)

In computing time for the purposes of subsection (6)(d), the last day of the period is not to be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or of any other written law.

(8)

If, after an election has been reported as contested, one of the candidates nominated dies before the poll has commenced, the Returning Officer must, upon being satisfied of the fact of the death —

(a)

countermand the notice for the poll; and

(b)

appoint, by notice in the Gazette, a fresh date, time and place for the nomination of candidates for election, at least 4 clear days before the fresh date fixed for such nomination.

(9)

Where the Returning Officer has countermanded the poll under subsection (8), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.