ELECTORAL ACT (as amended at 24th January 2008) (c) a candidate nominated for election as President dies on or before the day on which the poll in the election is to be taken; or (d) a candidate nominated for election as President who would otherwise have been entitled to be declared duly elected as President dies after the poll has begun in the election to the office of President, but before he or she has been declared duly elected as President; the President shall, subject to section 58(1) of the Constitution, by further proclamation in the Gazette published in terms of section 38(4), announce the sitting of a new nomination court, and thereafter the provisions of this Part shall apply accordingly. 109 Procedure when poll to be taken (1) If a poll becomes necessary in terms of subsection (2) of section one hundred and ten, the Chief Elections Officer shall, as soon as practicable after the day fixed for the sitting of the nomination court in terms of section 38(1)(a)— (a) by notice published in the Gazette, notify— (i) the names of the candidates in alphabetical order of surnames; and (ii) the polling day or days; and (b) notify by such means as he or she thinks fit the situation of and the hours specified for the opening and closing of each polling station in each constituency. 110 Determination and declaration of result of election to office of President (1) Where only one candidate for President is validly nominated at the close of the day on which a nomination court sits in terms of section 38(1)(a), the Chief Elections Officer shall declare such candidate to be duly elected as President without the necessity of a poll. (2) Where two or more candidates for President are validly nominated, a poll shall be taken in each constituency for the election of a President. (3) Where two or more candidates for President are nominated, and after a poll taken in terms of subsection (2) no candidate receives a majority of the total number of valid votes cast, a second election shall be held within twenty-one days after the previous election in accordance with this Act. (4) In a second election held in terms of subsection (3) only the two candidates who received the highest and next highest numbers of valid votes cast at the previous election shall be eligible to contest the election. (5) If, after a second election held in terms of subsection (3), the two candidates referred to in subsection (4), receive an equal number of votes, Parliament shall, as soon as practicable after the declaration of the result of that election, meet as an electoral college and elect one of the two candidates as President by secret ballot and without prior debate. (6) The result of an election to the office of President held in terms of subsection (2) or (3) shall be declared by the Chief Elections Officer who shall forthwith publish such result in the Gazette and in such other manner as he or she considers necessary to give sufficient publicity to the result. (7) Notwithstanding subsection (5) of section 23 of the Constitution, a person elected as President in terms of subsection (5) shall assume office on the day upon which he or she is declared so elected by the Chief Elections Officer. - 71 -