27. How subsector election is to be conducted
(1) At every contested subsector election—
- (a) a poll is to be taken for the subsector; and
- (b) voting at the poll is to be by secret ballot.
(2) The poll is to be conducted in accordance with the EAC Regulations.
(3) The Returning Officer appointed for a subsector is responsible for supervising a subsector election for the subsector in accordance with this Schedule, the Electoral Affairs Commission Ordinance (Cap. 541) and the EAC Regulations.
28. Who is entitled to vote at a subsector election
(1) A person is entitled to vote at a subsector election only if the person is registered as a voter for the subsector concerned.
(2) A person registered as a voter for a subsector may not be prevented from voting at a subsector election only because the person’s name should not have been included in the subsector final register prepared for the subsector.
(3) A corporate voter may vote at a subsector election only by its authorized representative.
29. System of voting and counting of votes
(1) Voting and counting of votes at a poll referred to in section 27 is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” system of voting).
(2) At a subsector ordinary election, a voter may vote for as many candidates as the number of members allocated to the subsector concerned and no more.
(3) At a subsector by-election, a voter may vote for as many candidates as the number of members to be returned at the by-election and no more.
(4) If a subsector ordinary election is contested by more candidates than the number of members allocated to the subsector, the candidates to be elected for the subsector are those who obtain the greatest number of votes at the election and then the next greatest and so on until the required number of members is elected.
(5) If a subsector by-election is contested by more candidates than the number of members to be returned at the by-election—
- (a) in the case of a single vacancy, the candidate to be elected for the subsector is the one who obtains the greatest number of votes at the by-election; and
- (b) in the case of more than one vacancy, the candidates to be elected for the subsector are those who obtain the greatest number of votes at the by-election and then the next greatest and so on until the required number of members is elected.
(6) If, after the counting is finished at a subsector election, a member is still to be returned for the subsector and the most successful candidates remaining have an equal number of votes, the Returning Officer shall determine the result of the election by drawing lots. The candidate on whom the lot falls is to be returned at the subsector election.
(7) As soon as practicable after determining the result of a subsector election, the Returning Officer concerned shall, in accordance with the EAC Regulations, publicly declare as elected the candidates who were successful at the subsector election.
(8) Despite subsection (7), if, before declaring the result of a subsector election, proof is given to the satisfaction of the Returning Officer that the candidate or a candidate who was successful at the subsector election has died or is disqualified from being elected, that Officer shall not declare that candidate as elected.
(9) If there is another candidate or there are other candidates at the subsector election who has not or have not been returned for the subsector, the candidate is to be returned or the candidate who obtains the greatest number of votes is to be returned (subject to that candidate’s being not disqualified from being elected) in place of the deceased or disqualified candidate. In that case, the Returning Officer concerned shall publicly declare the candidate so returned to be elected.
