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Section 66, The Public Elections Act, 2022

Status not yet checkedThe Public Elections Act, 2022, Sierra Leone

Where by 6 O'clock in the afternoon of the last dayappointed for the receipt of nominations- (a) the number of persons remaining nominated exceeds the number of vacancies, a poll shall be taken and the result shall be declared in accordance with this Act; Death of Final list of candidates published by Contested election and unopposed candidates.2 (a) the particulars of the candidate or his nominators are not as required by law; (b) the nomination paper is not subscribed as required; (c) either one or both of the nominators are not voters; (d) the candidate has not paid the prescribed nomination fee; or (e) the candidate is a person disqualified from being a Member of Parliament under section 76 of the Constitution. (3) A Returning Officer shall give his decision on an objection to a nomination paper as soon as practicable after it is made, but in any event before 6 o'clock in the afternoon of the last day appointed for the receipt of nominations. (4) Where a Returning Officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision. (5) A candidate aggrieved by the decision of the Returning Officer as to the validity or otherwise of a nomination paper may appeal to the Electoral Commission not later than 72 hours, who may uphold the decision of the Returning Officer or reverse it. (6) The decision of the Returning Officer or, in the case of an appeal, the Electoral Commission, on the validity of a nomination shall be final and shall not be questioned in any proceedings whatsoever, except by way of an election petition. 62. (1) A candidate may withdraw his nomination by personally delivering to the Returning Officer, a written notice signed by him before the close of normination. (2) A notice of withdrawal under subsection (1), shall take effect in the order in which it is delivered and shall have no effect if it would result in an electoral area not having a candidate to fill the vacancy. (3) A candidate shall not withdraw his nomination after 5 days following the close of nomination in which the ballot for elections or referenda has been designed and the contract for the printing of the ballot has been signed 5 days after close of nomination. 63. Where a nominated candidate withdraws his candidature- (a) the number of persons remaining nominated exceeds the number of vacancies, a poll shall be taken in accordance with this Act; (b) the number of persons remaining nominated is the same as the number of vacancies, the Returning Officer shall forthwith declare the person or persons to be duly elected; (c) a person is not nominated or the number of persons remaining nominated is less than the number of vacancies, the Returning Officer shall- (i) not declare the persons remaining nominated to be duly elected; and (ii) notify the Electoral Commission who shall by notice published in the Gazette, appoint some other convenient day for the election to fill any vacancy which remains unfilled and all proceedings with reference to the election to fill the vacancy shall commence afresh. 34 35 Withdrawal of candidate. Action on withdrawal. (b) the number of persons remaining nominated is the same as the number of vacancies, the Returning Officer shall forthwith declare the person or persons to be duly elected; (c) a person is not nominated or the number of persons remaining nominated is less than the number of vacancies, the Returning Officer shall- (i) not declare the persons remaining nominated to be duly elected; and (ii) notify the Electoral Commission who shall by notice published in the Gazette, appoint some other convenient day for the election to fill any vacancy which remains unfilled and all proceedings with reference to the election to fill the vacancy shall commence afresh. PART VII - PROCEDURES AND ARRANGEMENTS FOR ELECTIONS

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