Section 88(2) is
amended as follows:
(a) by
deleting “and the writ issued in respect thereof shall be deemed to be
vacated”;
(b) in
paragraph (a) by deleting subparagraphs (ii) to (iv) and
“and” after subparagraph (iii) and inserting
instead —
“
and
(ii)
report the fact of the death and the date of the
countermand of the notice of the poll to the Electoral Commissioner.
”;
(c) in
paragraph (b) by deleting subparagraphs (ii) to (iv) and
“and” after subparagraph (iii) and inserting
instead —
“
and
(ii)
report the fact of the death and the time of the closing
of the poll to the Electoral Commissioner.
”;
(d)
after paragraph (b) by inserting —
“
(ba) On receipt of a report under paragraph (a)(ii) or
(b)(ii) the Electoral Commissioner is to send a notice, with a copy of the
report, to the Speaker or the Governor, whichever of them caused the writ to
be issued.
(bb) If
there is no Speaker, and Parliament is not in session, or if the Speaker is
absent from the State, a notice under paragraph (ba) may be sent to the
Governor in any case.
”;
(e) in
paragraph (d) by deleting “Upon the return to the Clerk of the
Writs of a writ which has been vacated as aforesaid” and inserting
instead —
“ When a notice is sent under paragraph (ba)
”.