ELECTORAL ACT
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(b)
(c)
(d)
(e)
(f)
(i) record on the constituency return the votes obtained by each candidate and the
number of rejected ballot papers in such a manner that the results of the count
for each polling station are shown on the return; and
(ii) display the completed constituency return to those present and afford each
candidate or his or her election agent the opportunity to subscribe their
signatures thereto; and
(iii) transmit to the Chief Elections Officer by hand through a messenger the
constituency return or a copy thereof certified by the constituency elections
officer to be correct;
immediately after arranging for the constituency return to be transmitted in terms of
paragraph (a)(iii), the constituency elections officer shall affix a copy of the
constituency return on the outside the constituency centre so that it is visible to the
public;
immediately after receiving all the constituency returns transmitted in terms of
paragraph (a)(iii), the Chief Elections Officer shall verify them, having given
reasonable notice to each candidate or to his or her chief election agent of the time and
place at which the returns are to be verified;
at the time and place notified for the verification of the constituency returns referred to
in paragraph (c) and in the presence of such candidates, their chief election agents and
observers as are present, the Chief Elections Officer shall display each constituency
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 constituency return;
when the Chief Elections Officer has completed the verification of the constituency
returns under paragraph (d) the Chief Elections Officer shall, in the presence of such
persons referred to in paragraph (d) as are present, add together the number of votes
received by each candidate as shown in each constituency return;
subject to paragraph (h), after the number of votes received by each candidate as
shown in each constituency return has been added together in terms of paragraph (e),
the Chairperson of the Commission (or, in his or her absence, the Deputy Chairperson
or, in his or her absence, a Commissioner designated by the Chairperson) shall—
(i) where there are two candidates, forthwith declare the candidate who has
received the greater number of votes to be duly elected as President of the
Republic of Zimbabwe with effect from the day of such declaration; or
(ii) where there are more than two candidates, forthwith declare the candidate who
has received more than half the number of votes to be duly elected as President
of the Republic of Zimbabwe with effect from the day of such declaration; or
(iii) where there are more than two candidates, and no candidate has received more
than half the number of votes, forthwith declare that a runoff presidential
election shall be held on the date fixed by the President in terms of section
38(1)(a)(iii) (that is to say, a fixed date not less than twenty-eight and not more
than forty-two days after the polling day or last polling day, the case may be, of
the original election):
Provided that the Electoral Court, on the application of the Commission,
may for good cause extend the period;
[Paragraph amended by s. 39 of Act No. 6 of 2014]
(g) subject to this section, if a runoff presidential election is required to be held—
(i) 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;
and
(ii) the election shall be held in accordance with this Act or, in case any situation
arises that may be peculiar to such election, in the manner prescribed;
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