ELECTORAL ACT ____________________________________________________________________________________ (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 constituency candidates who have received an equality of votes; and [Paragraph amended by s. 31 of Act No. 6 of 2014] (b) one election agent for each candidate referred to in paragraph (a) who is not himself or herself able to be present. [Paragraph amended by s. 31 of Act No. 6 of 2014] (4) A declaration by the constituency elections officer or the Chief Elections Officer under this section shall be final, unless— (a) the declaration is set aside by the Electoral Court on petition; or (b) the proceedings relating to the election are declared void under section 50(1) following the death of a candidate; or (c) as a result of a recount of votes under section 67A another candidate is declared in terms of that section to be duly elected. [Subsection substituted by s. 31 of Act No. 6 of 2014] 66A Unofficial or false declaration of results prohibited (1) Subject to subsection (3), any person who— (a) purports to announce the result of an election as the true or official results; or (b) purports to declare any candidate to have been duly elected; before an electoral officer, acting in accordance with this Act, has announced the result of that election or declared a candidate to have been duly elected in that election, as the case may be, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Subject to subsection (4), any person who, with intent to deceive or to discredit the electoral processes in an election, falsely— (a) reports or announces the number of votes received by a candidate or political party in an election; or (b) declares any candidate to have been elected in an election; shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3) Subsection (1) shall not be construed as preventing any person from reporting the number of votes received by a candidate or political party in an election, where the report is based on polling-station returns and constituency returns from the election concerned. (4) Subsection (2) shall not be construed as preventing any person from making any allegation regarding the result or conduct of an election in or for the purposes an election petition. [Section inserted by s. 23 of Act No. 3 of 2012 and substituted by s. 32 of Act No. 6 of 2014] 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, notify the Chief Elections Officer, by telegram, telefacsimile, electronic mail or such other means as may be prescribed, of 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. [Subsection amended by s. 24 of Act No. 3 of 2012] (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 he or she was notified of the information in terms of subsection (1). [Subsection amended by s. 24 of Act No. 3 of 2012] (3) The Chief Elections Officer shall without delay transmit to the Clerk to Parliament the information referred to in subsection (1). 86