ELECTORAL ACT (as amended at 24th January 2008) (d) after the members of the electoral college have voted the presiding officer shall, in the presence of the members and the candidates, cause the votes to be counted; (e) after the counting of the votes the presiding officer shall prepare a list with the candidate or candidates who received the greatest number of votes at the top of the list and the rest of the candidates in descending order according to the number of votes cast for each and, subject to paragraph (f), shall declare the candidates whose names appear first and second at the top of the list to have been duly elected as Senators with effect from the day of such declaration; (f) if two or more candidates have received the same number of votes and the addition of a vote would entitle any of those candidates to be declared elected, the presiding officer shall arrange for a fresh vote to be taken in respect of those candidates, with each member of the electoral college being allowed one vote, and the candidate who, at the second poll, receives the greatest number of votes shall be declared to have been duly elected as a Senator with effect from the day of such declaration: Provided that, if after the fresh vote has been taken one or more vacancies have still not been filled because two or more candidates have received the same number of votes, the presiding officer shall, in the presence of the members of the electoral college and the candidates, draw lots for the purpose of determining which candidate or candidates shall be deemed to be duly elected and, after the drawing of the lots, he or she shall declare the candidate or candidates concerned to have been duly elected as a Senator or Senators, as the case may be, with effect from the day of such declaration. (7) Any declaration by the presiding officer under this section shall be final and subject to reversal only on petition in terms of Part XXIII to the Electoral Court that such declaration be set aside. (8) After the holding of a poll in terms of this section the presiding officer shall notify the Commission and cause to be published in the Gazette notice of the names of the candidates declared to have been duly elected as Senators and the day with effect from which they were declared so elected. PART XI APPOINTED MEMBERS OF PARLIAMENT 45 Notification of appointment of members of Parliament Whenever the President appoints members of Parliament in terms of section 34(1)(e) of the Constitution, the President shall notify the Clerk of Parliament and cause to be published in the Gazette the names of the persons so appointed and the day on which they were appointed. PART XII NOMINATION OF CANDIDATES FOR ELECTION AS MEMBERS OF PARLIAMENT 46 Nomination of candidates (1) A candidate for election as a member of Parliament shall be nominated by means of a separate nomination paper in the prescribed form which— - 36 -