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ELECTORAL ACT 2002 - SECT 113 Procedure to ascertain number of votes when 2 candidates only for Assembly election

ELECTORAL ACT 2002 - SECT 113

Procedure to ascertain number of votes when 2 candidates only for Assembly election

S. 113(1) amended by No. 2/2003 s. 39(2).

    (1)     This section specifies the procedure to ascertain the number of votes for each candidate at an Assembly election where there are only 2 candidates.

    (2)     Immediately after 6 p.m. on election day, the election manager and an election official at a voting centre must, subject to the inspection of any scrutineer—

S. 113(2)(a) amended by No. 2/2003 s. 39(3).

        (a)     open each ballot-box containing ballot‑papers used for an Assembly election; and

        (b)     count all first preference votes (other than declaration votes) given for each candidate; and

        (c)     certify a list of the number of first preference votes given for each candidate verified by the signature of at least one other election official and the signature of any scrutineer who consents to sign; and

        (d)     in accordance with the directions of the Commission—

              (i)     make out an account of the ballot-papers; and

              (ii)     make and seal up in parcels all the ballot material—

kept or used at the voting centre during the election.

    (3)     An election official must transmit the sealed parcels to the election manager.

    (4)     The election manager must as soon as practicable—

        (a)     ascertain from the lists made out under this section the number of first preference votes given for each candidate; and

        (b)     add to the first preference votes ascertained under paragraph (a) the first preference votes for each candidate from the allowed declaration votes so as to ascertain the number of first preference votes given for each candidate.

    (5)     The candidate who has received the greatest number of first preference votes is to be declared elected by the election manager under section 121.

S. 114 (Heading) amended by No. 2/2003 s. 39(4).