Legislative Provisions
It is necessary to define in legislation or regulations for the election the administrative actions to be taken on the death or withdrawal of a candidate, whether as an individual candidate or a member of a party or group list for election. Inconsistent or incorrect treatment of deceased or withdrawn candidates (e.g., through failure to remove the candidate's name from official voting material where this is required by law) will be likely to result in challenges to election outcomes.
Whatever administrative or legal actions are taken following the death or withdrawal of a candidate should be formally communicated by the election administration to all other candidates, groups, or parties whose candidature has been accepted for the affected election.
Death of Candidate
The administrative actions taken would generally be of greater sensitivity where the candidate has been nominated for an election in which each candidate appears individually on the ballot. Where only party or group list names appear on the ballot, equitable election systems would contain mechanisms for substitution of another candidate from the list, or another party or group nominee, were the deceased candidate to be elected.
The effect on voting operations administration of the death of a person whose nomination for candidacy has been accepted will depend on the timing of the death. Responses will vary according to whether the time of death is:
- before the time of closing of nominations for individual candidates or party or group lists for the election;
- between the time of the closing of these nominations and voting day;
- on or after voting day.
Death Before Deadline of Nominations
Where a candidate dies prior to the closing date for nominations, in equitable election systems it would be possible to accept a new nomination to ensure that potential voters are not deprived of a choice for which they may wish to vote. In accordance with the specific election legislation and regulations, election administrators should ensure that the following general actions are taken:
- the relevant nomination papers are marked to show the candidate is deceased and the date of death and appropriate action taken on any nomination fee paid;
- any progressive list of accepted candidates for election, and any preparatory work for ballot printing, other voting materials, and/or vote recording systems are thoroughly checked and amended to delete the candidate's information to ensure they are not mistakenly included in any further election processing;
- the party or group to which the candidate is affiliated for the purpose of the election, or if standing as an independent candidate, whoever is legally deemed to be the nominator or agent, is informed of what actions they may take to nominate a replacement or substitute candidate.
Death Between Close of Nominations and Voting Day
In party or group list systems, the death of a candidate between the close of nominations and voting day can be effectively handled by legislation or regulations allowing a method of substitution within the relevant party/group's list candidates, if the deceased candidate is elected.
The situation becomes more difficult if a candidate whose name will appear individually on the ballot dies between the time when nominations close and voting day. The two competing considerations are:
- preserving the voters' choices and maintaining equality of opportunity for campaigning between candidates;
- maintaining election cost-effectiveness.
The basic alternatives come down to:
- ensuring that election legislation or regulations deem that in such cases the election for the relevant electoral area has failed and the nomination process must be started anew;
- allowing the election process to continue with the remaining candidates;
- allowing the nomination of a substitute candidate.
If the first method is adopted, voter choice will be preserved. However, there will generally be additional costs for revised voting materials, and the overall election process may be delayed. In such circumstances election administrators must ensure that:
- all affected official election material is withdrawn and held under appropriate security conditions until disposal;
- election resource needs are reviewed and amended, particularly where the failed election was to be held concurrently with elections in the same area for another representative body;
- planning for the new election is initiated.
General contingency plans should be in place to enable quick response to such circumstances.
If the election is allowed to proceed with the remaining names on the ballot, there is a danger that voters may not have available to them the choice that they would wish to make. It will also require that the electoral management body ensures, through voter information media and amending voting material to delete the deceased candidate's name, that voters do not vote for the deceased candidate. This may cause some confusion amongst electors and delay critical materials production processes.
In election systems where voters have a choice between voting for a party or group list or recording preferences for individual members of such lists, it may also be possible for an election to proceed following the death of a candidate between close of nominations and voting day. In such cases alternative methods could entail:
- any votes recorded for the deceased candidate being ignored during the ballot count--in such circumstances, clear instructions must be provided to relevant counting locations;
- deleting, by overprinting or other methods, the deceased candidate's name on the ballot, which may cause some confusion amongst electors and delay critical materials production processes.
Allowing the nomination of a substitute candidate may create difficulties for administration, particularly in any adjustments necessary to ballot papers. Additional problems will be encountered where early voting facilities are available.
Death During or After Voting Day
Where a candidate dies during or after voting day, voting and vote counts would usually proceed as normal. If the deceased candidate is successful, following the declaration of the results, election administrators will need to:
- advise participating candidates, parties, and groups of the procedures to be followed;
- prepare for the replacement of the deceased elected representative.
Actions required will vary according to the electoral system and legal framework. For example:
- where candidates nominated also name a deputy, or alternate, candidate, arrangements for installation as an elected representative of the deputy candidate will need to be implemented;
- where a new election for the relevant electoral area must be held, as would be usual under single representative electoral district systems, a date for the partial election must be set and planning for the election commence;
- where a substitute for the deceased elected representative is appointed from the party or group with which the deceased representative was affiliated (more usual under party or group list style election systems), procedures for appointing a substitute representative are activated;
- where the legal framework requires a recount (excluding the deceased candidate) of votes for the relevant electoral district to determine the deceased representative's replacement, arrangements need to be made for a review of the relevant voting records.
Withdrawal of Candidate
Election systems may allow a candidate to withdraw his consent to nomination. It is generally not practicable, and may invite intimidation of candidates, for systems to allow withdrawal after the closing time for nominations (however, this is allowed, within a short period after close of nominations, in some jurisdictions, particularly at the local government level).
Any request for withdrawal of candidacy should be in the form of a signed, witnessed statement by the candidate (see examples at Forms: nomination withdrawal - Namibia and Withdrawal of Consent to Nomination - Australia, 1996). The initial basic actions required from election administrators will be to:
- check the genuineness of the request with the candidate;
- examine the request to determine whether it fulfills any legal and procedural requirements for withdrawal of nomination;
- formally advise the nominated candidate of acceptance or rejection of the request for withdrawal of nomination.
If the withdrawal is granted:
- the relevant nomination papers are marked to show the candidate has withdrawn consent to be nominated and the date of withdrawal, and appropriate action taken on any nomination fee paid;
- any progressive list of accepted candidates for election, and any preparatory work for ballot printing, and voting materials and/or vote recording systems are thoroughly checked and amended to delete the nominated candidate's details, to ensure they are not mistakenly included in any further election processing;
- the party or group to which the candidate is affiliated for the purpose of the election, or if standing as an independent candidate, whoever is legally deemed to be the nominator or agent of the candidate, is informed of what actions they may take to nominate a replacement or substitute candidate.
