ELECTORAL ACT (as amended at 24th January 2008) constituency elections officer shall at once communicate the fact to the Chief Elections Officer who shall, as soon as possible thereafter, arrange for the determination of the candidate to whom such one additional vote shall be deemed to have been given by the drawing of lots by the Chief Elections Officer in the presence of a judge of the Electoral Court, and shall thereafter declare the candidate so determined to be duly elected as a member of Parliament with effect from the day of such declaration. (3) At any determination in terms of subsection (2), in addition to the judge and the Chief Elections Officer, the following persons and no others may be present— (a) the candidates who have received an equality of votes; and (b) one chief election agent for each candidate referred to in paragraph (a) who is not himself or herself able to be present. (4) A declaration by the constituency elections officer or the Chief Elections Officer under this section shall be final, subject to reversal on petition to the Electoral Court that such declaration be set aside or to the proceedings relating to that election being declared void under subsection (1) of section fifty. 67 Notification of result of election (1) As soon as the constituency elections officer has declared a candidate to be duly elected, he or she shall, without delay, transmit by telegram, telefacsimile or electronic mail in the prescribed form to the Chief Elections Officer, the names of the person declared duly elected, the day with effect from which he or she was declared elected, the number of votes received by the respective candidates and the number of rejected ballot papers. (2) The information referred to in subsection (1) shall be confirmed by notice in writing which is signed by the constituency elections officer and sent to the Chief Elections Officer by the first postal delivery after the transmission of the telegram, telefacsimile or electronic mail. (3) The Chief Elections Officer shall without delay transmit to the Clerk to Parliament the information referred to in subsection (1). 67A Recounting of votes (1) Within forty-eight hours after a constituency elections officer has declared a candidate to be duly elected in terms of section 66(1), any political party or candidate that contested the election in the ward or constituency concerned may request the Commission to conduct a recount of votes in one or more of the polling stations in the constituency. (2) A request in terms of subsection (1) shall— (a) be in writing, signed by an appropriate representative of the political party or candidate making the request; and (b) state specifically the number of votes believed to have been miscounted and, if possible, how the miscount may have occurred; and (c) state how the results of the election have been affected by the alleged miscount. (3) On receipt of a request in terms of subsection (1) the Commission shall order a recount of votes in the polling stations concerned if the Commission considers there are - 52 -