Effect of default in election agent’s appointment
38.—(1) If no person’s name and address is given as required by article 35 as the election agent of a candidate or a group of party list candidates who remain validly nominated at the latest time for delivery of notices of withdrawal of candidature—
(a)in the case of a candidate at a constituency election or an individual candidate at a regional election, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent, and
(b)in the case of a group of party list candidates at a regional election, the candidate whose name appears first on the list shall be deemed at that time to have been named as election agent and for there to have been revoked any appointment of another person as those candidates' election agent.
(2) This paragraph applies if—
(a)the person whose name and address have been so given as those of an election agent for an individual candidate (not being the candidate himself) or a group of party list candidates dies, and
(b)a new appointment is not made on the day of the death or on the following day.
(3) Where paragraph (2) applies—
(a)in the case of a candidate at a constituency election or an individual candidate at a regional election, he shall be deemed to have appointed himself as from the time of death, and
(b)in the case of the death of an election agent for a group of party list candidates at a regional election—
(i)the candidate whose name appears first on the list shall be deemed to have been appointed from the time of death, or
(ii)where paragraph (2) applies through the death of such a candidate, the candidate whose name appears next highest on the list shall be deemed to have been appointed from the time of death.
(4) If the appointment of an election agent is revoked without a new appointment being made—
(a)in the case of a candidate at a constituency election or an individual candidate at a regional election, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent, and
(b)in the case of a group of party list candidates at a regional election, the candidate whose name appears first on that list shall be deemed to have been appointed (or re-appointed) election agent.
(5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.
(6) Where a candidate is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated.
(7) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under articles 35 and 37.