ELECTORAL ACT
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to be declared elected, the Chief Elections Officer shall forthwith declare that a runoff byelection shall be held on the same day as the Presidential runoff would have had to have been
held if it became necessary to hold it (that is to say, the date fixed by the President in terms of
section 38(1)(a)(iii), being a fixed date not less than twenty-one and not more than sixty-three
days after the polling day or last polling day, as 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;
(2) Subject to this section, if a runoff by-election is required to be held—
(a) only the two candidates who received the highest numbers of valid votes cast at the
previous election and whose votes are tied shall be eligible to contest the runoff byelection; and
(b) the runoff by-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; and
(c) after the number of votes received by each candidate at the runoff by-election as
shown in the constituency return has been added together, the Chief Elections Officer
shall forthwith declare the candidate who has received the greater number of votes to
be duly elected as member of the National Assembly for the constituency concerned
with effect from the day of such declaration:
Provided that if the two candidates 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 member of the National
Assembly for the constituency concerned by secret ballot and without prior debate.
(3) A declaration by the Chief Elections Officer under subsection (1) or (2)(c) shall be
made not later than—
(a) five days after the polling day or last polling day, as the case may be, in the
presidential election or runoff presidential election concerned; or
(b) where a recount has been ordered in terms of section 67A, five days after the
completion of the recount:
Provided that the Electoral Court may, on application by the Commission, for good cause
extend either period;
(4) A declaration by the Chief Elections Officer under subsection (2)(c) shall be final,
subject to reversal on petition to the Electoral Court that such declaration be set aside or to the
proceedings relating to that election being declared void.
(5) The Chief Elections Officer shall as soon as possible after he or she has declared the
result of a runoff by-election, publish such result by notice in the Gazette and in such other
manner as he or she considers necessary to give sufficient publicity to the result, which notice
shall also, in the event that the candidate in question has obtained more than half of the votes at
the election, give the full name of the person duly elected member of the National Assembly for
the constituency concerned and the day with effect from which he or she was so elected.
[Section substituted by s. 44 of Act No. 6 of 2014]
[130 Declaration and publication of result of election]
[Section repealed by s. 44 of Act No. 6 of 2014]
[131 Expenses of elections]
[Section repealed by s. 70 of Act No. 17 of 2007]
General
132
Alteration of dates and qualifying periods
(1) Where by this Part—
(a) anything is to be done by a particular date; or
114
Select target paragraph3
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