Section 73 of the Elections Act contains a precise legal procedure for one of the most disruptive events that can occur in an election – the death of a contesting candidate before the polling is closed.
What does the law say?
Section 73(1) of the Elections Act 2017 requires the Returning Officer, if a contesting candidate dies before the commencement of the poll or during the polling hours, to terminate all election proceedings in that constituency by public notice. The termination is not a cancellation of the entire election cycle, rather it is a suspension of the proceedings in that specific constituency.
Section 73(2) provides what happens next. Fresh proceedings commence as if for a new election. However, the other contesting candidates do not need to file fresh nomination papers or make a new deposit under Section 61. Their existing nominations and deposits carry forward into the fresh proceedings.
Why does this matter?
Section 73 matters for voters in a constituency where a death occurs during the election. The expected polling day will not take place. A new Election Programme will be issued for fresh proceedings in that constituency. Voters should wait for the fresh notification rather than assuming the election has been permanently cancelled or that the remaining candidates have automatically won. The provision also protects remaining candidates from the procedural and financial burden of re-filing.
 Source: Elections Act 2017, Section 73(1)–(2).
This post is part of FAFEN’s series on electoral literacy. Read more of this series here.
