Law Summary
Section 1: Provisions for Failure to Elect Provincial Officers
- Legal Principle/Provision: This section amends Act No. 1582 by adding specific provisions regarding the election of provincial officers that result in failure to elect or the death of an officer-elect.
- Key Definitions Introduced:
- Elective Provincial Officer: An official elected to serve at the provincial level.
- Failure to Elect: A situation where no candidate receives the required votes to be elected.
- Provincial Officer-Elect: A candidate who has been elected but has not yet assumed office.
- Important Requirements/Procedures Outlined:
- Governor-General's Duty: In the event of a failure to elect a provincial officer, it is the responsibility of the Governor-General to issue a proclamation for a special election.
- Special Election: A mechanism to fill the vacancy created by the failure to elect or the death of a provincial officer-elect.
- Discretionary Powers: If a provincial officer-elect dies before taking office, the Governor-General may either call for a special election or appoint a temporary replacement until a successor is elected and qualified.
- Relevant Timeframes/Deadlines:
- The proclamation for a special election must be issued "as soon as possible" following the failure to elect or the death of the officer-elect.
- Penalties/Liabilities/Consequences: No specific penalties or liabilities are mentioned in this section.
Section 2: Effectivity of the Act
- Legal Principle/Provision: This section states the act's effectiveness.
- Key Definitions Introduced: None.
- Important Requirements/Procedures Outlined:
- The Act shall take effect upon its passage.
- Relevant Timeframes/Deadlines:
- The Act is effective immediately upon its enactment date, which is February 18, 1908.
- Penalties/Liabilities/Consequences: No penalties or liabilities are mentioned.
Key Takeaways
- Act No. 1810 introduces provisions for handling cases of void elections of provincial officers and establishes procedures for special elections.
- The Governor-General is tasked with issuing proclamations for special elections in cases of failure to elect or the death of an officer-elect.
- The Act is effective immediately upon passage, which occurred on February 18, 1908.