Electoral system for the president

Electoral Act as amended by SI 85/2013 of 12^th June 2013

Article 110. Determination and declaration of result of election to the office of President

110.1 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 Chief Elections Officer shall declare such candidate to be duly elected as President without the necessity of a poll.

110.2 Where two or more candidates for President are validly nominated, a poll shall be taken in each constituency for the election of a President.

110.3 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—

(f) subject to paragraph (h), after the number of votes received by each candidate as shown in each constituency return has been added together in terms of paragraph (e), 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—

- where there are two candidates, forthwith declare the candidate who has received the greater number of votes to be duly elected as President of the Republic of Zimbabwe with effect from the day of such declaration; or

- where there are more than two candidates, forthwith declare the candidate who has received more than half the number of votes to be duly elected as President of the Republic of Zimbabwe with effect from the day of such declaration; or

- where there are more than two candidates, and no candidate has received more than half the number of votes, forthwith declare that a runoff presidential election shall be held on the date fixed by the President in terms of section 38(1)(a)(iii) (that is to say, a fixed date not less than twenty-eight and not more than forty-two days after the polling day or last polling day, the case may be, of the original election):

(g) subject to this section, if a runoff presidential election is required to be held

- only the two candidates who received the highest and next highest numbers of valid votes cast at the previous election shall be eligible to contest the election; and

 he 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;

- after the number of votes received by each candidate at a presidential runoff election as shown in each constituency return has been added together in terms of paragraph (e), 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 forthwith declare the candidate who has received the greater number of votes to be duly elected as President of the Republic of Zimbabwe 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 President by secret ballot and without prior debate; [...]