ELECTORAL ACT (as amended at 24th January 2008) (2) At the time and place notified for the verification and collation of the polling-station returns referred to in subsection (1) and in the presence of such candidates, their chief election agents, monitors and observers as are present, the constituency elections officer shall display each polling-station return to those present and shall, on request, allow a candidate or chief election agent of a candidate to make notes of the contents of each polling-station return. (3) When the constituency elections officer has— (a) completed the verification of the polling-station returns under subsection (2); and (b) verified the postal ballot papers as provided in Part XIV; the constituency elections officer shall, in the presence of such persons referred to in subsection (2) as are present— (i) add together the number of votes received by each candidate as shown in each polling-station return; and (ii) unseal the postal ballot box and count the ballot papers contained therein. (4) Section sixty-three shall apply, with such changes as may be necessary, to the counting of the postal ballots under subparagraph (ii) of subsection (3). (5) As soon as may be after the polling-station returns have been collated and the postal ballots have been counted, the constituency elections officer shall— (a) close and seal the aperture in the postal ballot box; and (b) enclose in two separate sealed packets the polling-station returns and the counted and rejected postal ballot papers. (6) Upon receipt of a polling-station return relating to a senatorial constituency, a constituency elections officer shall transmit that return personally, or through another electoral officer— (a) to the constituency elections officer who is designated as the senatorial constituency elections officer in terms of section 17(3)(a); or (a) to the person appointed as the senatorial constituency elections officer in terms of section 17(3)(b); as the case may be, and this section shall apply to verification and collation of those returns by the senatorial constituency elections officer as if references to the “constituency elections officer” were references to the “senatorial constituency elections officer”. 66 Determination and declaration of result of poll (1) Subject to subsection (2), after the number of votes received by each candidate as shown in each polling-station return has been added together in terms of subparagraph (i) of subsection (3) of section sixty-five and the resulting figure added to the number of postal votes received by each candidate, the constituency elections officer shall forthwith declare the candidate who has received— (a) where there are two candidates, the greater number of votes; (b) where there are more than two candidates, the greatest number of votes; to be duly elected as a member of Parliament with effect from the day of such declaration. (2) When an equality of votes is found to exist between two or more candidates and the addition of one vote would entitle any of the candidates to be declared elected, the - 51 -

Select target paragraph3

Add to table of contents