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Totalling of votes

Section 107 of the Representation of the People Act (Cap. 1:03) states:-

The Chief Election Officer shall, after calculating the total number of valid votes of electors which have been cast for each list of candidates, on the basis of the votes counted under sections 71 and 103 and the information furnished by returning officers under section 95 (11), ascertain the result of the election in accordance with sections 108 and 108.

Allocation of seats

Section 108 of the Representation of the People Act (Cap. 1:03) states:

(1) The total number of votes cast for all the lists of candidates shall be divided by fifty-three and the whole number of resulting from that division shall be known as “the electoral quota”.

(2) The number of votes cast for any list shall be divided by the electoral quota, there shall be allocated to that list a number of seats equal to the whole number resulting from that division; and the number of votes represented by a fraction so resulting shall be known as “surplus votes: of the list; and if the number of votes cast in accordance with this Act for any list is less than the electoral quota, those vote shall accordingly be treated as surplus votes of that list.

(3) Any seat or seats remaining unallocated after seats have been allocated in accordance with subsection (2) shall be allocated as follows -

  1. one seat shall be allocated to the list with the largest number of surplus votes;

  2. if the number of seats so remaining is two or more, one seat shall be allocated to the list with the next largest number of surplus votes, and so on until all the seats so remaining have been allocated;

  3. for the purposes of this paragraph, where two or more lists have equal numbers of surplus votes, then lots shall be drawn by the Chairman of the Commission in the presence of the representatives of the lists affected to determine which list or lists shall be deemed to have more surplus votes than the other list or lists.

(4) For the purposes of the foregoing provisions of this section a combination of lists shall be treated as one list.

(5) The seats allocated to a combination of lists shall be allocated among the lists comprised in the combination in accordance with subsections (2) and (3), the electoral quota for that purpose being the whole number found by dividing the total number of votes cast for the combination of lists by the number of seats allocated to the combination.

Membership of National Assembly

Section 109 of the Representation of the People Act (Cap. 1:03) states:-

When seats have, in pursuance of section 108, been allocated to any list of candidates -

  1. the representative of the list; or

  2. if the representative is unwilling or unable (by reason of absence, illness or any other cause when he is called upon by the Chief Election Officer) so to do, the deputy representative of such list; or

  3. in case of any such unwillingness or inability on the part of the deputy representative, a majority of the persons names in that list may designate in writing any such person able and willing (when called upon as aforesaid) so to do, who

shall extract from the said list as many names belonging to candidates selected by him for the purpose, including his own name, if he has not been declared elected as President under article 177 of the Constitution, as can be so extracted without their number exceeding the number of seats allocated to that list; and the chief Election Officer shall declare such names, in the order of their extraction as aforesaid, to be the names of the candidates on such list who have been elected.

Publication of election results

Section 110 of the Representation of the People Act (Cap. 1:03) states:-

110. As soon as practicable after election day the Commission shall publicly declare the results of the election and shall cause to be published in the Gazette a notification thereof, specifying -

  1. the number of votes cast for each list of candidates;

  2. the number of rejected ballot papers;

  3. the number of seats allocated to each list of candidates; and

  4. the names of the persons who, as a result of the election, have become members of the National Assembly;

and, as respects a combination of lists, such notification shall be so arranged as to give the particulars required by paragraphs (a), (c) and (d) with reference to both the combination of each list comprised therein.

Filling of casual vacancies in the case of members elected under article 60(2) of the Constitution [O.50/1980]

Section 111 of the Representation of the People Act (Cap. 1:03) states:-

(1) If the seat of a member of the National Assembly who was elected pursuant to article 60(2) of the Constitution is vacant for any cause other than a dissolution of Parliament, the vacancy shall be filled by the person who is not such an elected member of the Assembly but is qualified for election as, and willing to become, such a member and whose name is taken from the relevant list of candidates by way of further extraction therefrom in accordance with the provisions of section 109 by the representative or deputy representative of such list or a person designated by a majority of persons named in such list, as the case may be, as shall be called upon so to do by the Speaker, following as nearly as may be the like method as was observed at the preceding election of members under article 60(2) of the Constitution, the name of every person who became an elected member of the Assembly at that preceding election, or has since become such a member, being ineligible for extraction under the foregoing provisions of this subsection; and if there is no person whose name is eligible therefor the seat shall remain vacant until it is filed consequent upon an ensuing election under article 60(2) aforesaid.

(2) In subsection (1) “the relevant list of candidates” means the list in which was included the name of the member of the Assembly vacating his seat or, where the vacancy exists because a person is held in proceedings under article 163 of the Constitution not to have been qualified to be elected as such a member, the name of that person.

Certificates of election

Section 112 of the Representation of the People Act (Cap. 1:03) states:-

The Commission shall furnish each of the persons who have become members of the National Assembly with a certificate that he has been so elected.

Election Report

Section 113 of the Representation of the People Act (Cap. 1:03) states:-

The Chief Election Officer shall as soon as practicable after the election cause to be prepared and printed a general report on the election including the particulars specified in section 110 and the total number of electors registered under the National Registration Act.

Custody of election documents

Section 114 of the Representation of the People Act (Cap. 1:03) states:-

(1) The returning officer of each district shall, as soon as practicable after making the return required by section 100 (1) (f) make up in one parcel the packets he has received in pursuance of section 93(10)(b) and the other papers used at the polling places and in his possession and shall seal the parcel so that it cannot be opened without breaking the seals and deliver it to the Chief Election Officer.

(2) The Chief Election Officer shall keep all parcels received in pursuance of subsection (1) in safe custody and, subject to the provisions of this Act and any law made under article 163 of the Constitution, allow no person to have access thereto.

(3) The returning officer of each district shall, as soon as practicable after delivering the election documents, in accordance with subsection (1), cause the ballot boxes used at the election, together with their locks and keys, to be deposited in the custody of the Commission.

(4) The Chief Election Officer shall, as soon as practicable after the discharge of his functions under Part XI, cause the ballot boxes used for the purposes of Part VII, together with their locks and keys, to be deposited in the custody of the Commission.

(5) Subject to the requirements of section 63(2) and (3), the provisions of section 114(2) shall, as they apply to the parcels mentioned therein, apply to every packet delivered to, or made up by, the Chief Election Officer pursuant to section 57(1)(b),(c),(d) or (e), or made up under section 105(1)(a), and to everything not dealt with under section 63(1)(e) or (f) by reason of its having been returned to delivered to the Chief Election Officer after election day.

 

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