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The Elections Act 2017 QUESTION #9449
Question 1
Under Section 97(1), when after consolidation of results there is equality of votes between two contesting candidates, both are declared returned. They each represent the constituency for half the Assembly's term. A lot is drawn to determine who serves first. If one of the returned candidates subsequently dies or vacates his seat, the other:
  • Triggers a fresh bye-election
  • Serves as Member for the whole or remainder of the term✔️
  • Shares the seat with the next candidate in votes
  • Continues for only his allocated half-term
Correct Answer Explanation
Section 97(5) states: 'If, in case of death or any other cause one of the returned candidates fails to assume office as a Member or his seat becomes vacant, the other surviving returned candidate shall serve as a member for whole or remainder of the term of the Assembly.'