Section 34 - Death of a candidate

(1) Where after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate, and the Commission shall appoint some other convenient date for the election within 14 days.

(2) The list of voters to be used at a postponed election shall be the official voters register which was to be used if the election had not been postponed.

(3) Where after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies -

(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not more than 21 days; and

(b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate:

Provided that in the case of presidential or gubernatorial or Federal Capital Territory Area Council election, the running mate shall continue with the election and nominate a new running mate.