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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 80

Time for presentation or amendment of local election petition.

80.(1) Subject to the provisions of this section, a local election petition
shall be presented within twenty-one days after the day on which the election
was held.

(2) If the petition questions the election upon an allegation of corrupt
practices and specifically alleges a payment of money or other reward to have
been made or promised by a candidate elected at the election, or on his
account or with his privity since the election, in pursuance or in furtherance
of the alleged corrupt practice, it may be presented at any time within
twenty-eight days after the date of the alleged payment or promise, whether or
not any other petition against that person has been previously presented or
tried.

(3) If the petition questions the election upon an allegation of an illegal
practice and specifically alleges a payment of money or some other act to have
since the election been made or done by the person to whose election the
petition relates, or an agent of his or with the privity of that person or his
election agent, in pursuance or in furtherance of the alleged illegal
practice, it may be presented at any time within twenty-eight days after the
date of the alleged payment or other act, whether or not any other petition
against that person has been previously presented or tried.

(4) An election petition presented within the time limited by sub-section (1)
or sub-section (2) may, for the purpose of questioning the election upon an
allegation of an illegal practice, be amended with the leave of the High Court
within the time within which a petition questioning the election upon the
allegation of that illegal practice could be presented under sub-section (3).

(5) Sub-sections (3) and (4) shall apply notwithstanding that the act
constituting the alleged illegal practice amounted to a corrupt practice and
shall apply to a corrupt practice under paragraph 7 of the Ninth Schedule as
if it were an illegal practice.

(6) For the purposes of this section, an allegation that an election is
avoided under section ninety-eight shall be deemed to be an allegation of
corrupt practices notwithstanding that the offences alleged are or include
offences other than corrupt practices.

© 1962 Crown Copyright

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