Rules when a candidate resigns
The Electoral Commission is aware that the Kerrin Leoni has resigned as the Labour candidate for Tāmaki Makaurau and is saying if elected she will be an independent MP.
Under the Electoral Act, electorate and list candidates cannot withdraw their candidacy after the close of nominations.
As a result, Kerrin Leoni’s name will still appear on the Tāmaki Makaurau ballot paper next to the Labour Party logo, and on the Labour Party list.
The candidate will also appear as the Labour Party candidate for Tāmaki Makaurau on EasyVote emails and letters and on our vote.nz website.
Any electorate votes cast for the candidate will be counted.
If she is elected as a Labour MP and wants to be recognised as an independent – there is further information about those processes in sections 55A to 55E of the Electoral Act. These would be matters to be addressed after the election by the candidate and party for which she was elected. That process is overseen by the office of the Speaker.