ELECTORAL ACT ____________________________________________________________________________________ (b) no candidate nominated for election as President is qualified in terms of section 91 of the Constitution for election as President; or [Paragraph amended by s. 48 of Act No. 6 of 2014] (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 158 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. [Section as amended by s. 63 of Act No. 17 of 2007 and s. 48 of Act No. 6 of 2014] 109 Procedure after nomination day in election to office of President (1) Where only one candidate for President is validly nominated at the close of sitting of the nomination court, the nomination officer shall report that fact to the Chief Elections Officer, and the chairperson of the Commission shall thereupon declare the 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 in accordance with section 110. (3) If the chairperson of the Commission is for any reason unable to declare a person to be duly elected in terms of this section, the declaration shall be made by the deputy chairperson or, if he or she is for any reason unavailable, by any other Commissioner designated for the purpose by the chairperson of the Commission. (4) Subject to subsection (5), a person declared elected as President in terms of subsection (1) shall assume office in accordance with section 94 of the Constitution. (5) A declaration in terms of subsection (1) shall be final unless, by virtue of a petition to the Constitutional Court in terms of section 111, an additional candidate is to be regarded as having been duly nominated for election to the office of President, in which event the Chief Elections Officer shall publish notice of that fact in the Gazette and a poll shall be taken in each constituency in accordance with section 110. [Subsection substituted by s. 38 of Act No. 6 of 2014] 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 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 declare such candidate to be duly elected as President without the necessity of a poll. [Subsection amended by s. 39 of Act No. 6 of 2014] (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) Subject to this Part, Part XIII shall apply, with any changes that may be necessary, to an election to the office of President (any references to a constituency centre or a constituency elections officer being construed as references to a presidential constituency centre or a presidential constituency elections officer respectively), other than sections 66, 67 and 68, for which the following provisions are substituted— (a) after the number of votes received by each candidate as shown in each polling-station return has been added together in terms of section 65(3)(i) and the resulting figure added to the number of postal votes and special votes received by each candidate, the constituency elections officer shall forthwith— 103