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In forceAmended2020 Revised Edition

Part 1A · Counting of Reserved Elections and Qualifications of President

5B. Further provisions on community requirement

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Amended

Last amended by an amending law of 2017.

(1)

If an election under a writ is reserved for one community under Article 19B(1) of the Constitution and the election wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.

(2)

The following provisions apply if an election under a writ is reserved for 2 communities under Article 19B(1) of the Constitution:

(a)

Article 19B(2)(b)(i) of the Constitution applies to that election;

(b)

if that election wholly fails, Article 19B(2)(b)(ii) of the Constitution applies to the election under the next writ;

(c)

if the election under the next writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.

(3)

The following provisions apply if an election under a writ is reserved for 3 communities under Article 19B(1) of the Constitution:

(a)

Article 19B(2)(c)(i) of the Constitution applies to that election;

(b)

if that election wholly fails, Article 19B(2)(c)(ii) of the Constitution applies to the election under the next writ;

(c)

if the election under the next writ wholly fails, Article 19B(2)(c)(iii) of the Constitution applies to the election under the third writ;

(d)

if the election under the third writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.

(4)

Despite Article 19B(2) of the Constitution, a person does not need to belong to any community to be elected as President in an open election under subsection (1), (2)(c) or (3)(d).

(5)

For the purposes of this section, an election under a writ is deemed to have wholly failed only if no person stands or will stand nominated as a candidate on nomination day.

Report

Part 2

Elections

Part 3

Offences and Corrupt and Illegal Practices

Part 4

Grounds for Avoiding Elections

Part 5

Applications for Avoidance of Election

Part 6

General

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