ECONOMYNEXT – With three severe contenders in Sri Lanka’s 2024 Presidential election, there’s a robust chance that no candidate will cross the 50 % mark to win outright, however the nation may nonetheless have a brand new president.
Because the presidential system was launched according to the 1978 Structure, each presidential election has produced a winner who secured greater than 50 % of the legitimate votes, thus avoiding the necessity to rely second and third preferences.
Article 94 of the Structure outlines the method for choosing a winner ought to no candidate cross the midway mark. If crucial, candidates could need to resort to their calculators to find out what number of votes they should safe victory.
Difficult counting
Voting is predicated on a rating of preferences from 1 to three, though a voter merely marking an “X” in entrance of the title of their selection can also be acceptable as a legitimate vote. A voter could mark “1”, “2”, and “3” within the order of their desire for any three candidates out of the 39 on the poll paper.
A voter could even mark “1” and “2” and omit a “3”, and the vote will nonetheless be legitimate. To date, no political celebration or unbiased candidate has campaigned on the premise of asking for a vote whereas instructing voters to mark a second or third desire.
Counting
Ought to the dreaded state of affairs come up after the twenty first of September, with no candidate passing the midway mark, election officers will eradicate all candidates besides the highest two.
The second preferences marked on the eradicated ballots will then be counted and added to the votes of the highest two, offered there are any second preferences on the eradicated ballots.
If, there is no such thing as a second desire for one of many prime two candidates, the third desire in that poll might be counted as a vote – offered the third desire is marked for one of many prime two candidates.
At this stage, the candidate with the very best variety of votes might be declared elected.
Ought to Sri Lanka face a second and third desire rely after the Sept 21 election, it may increase questions of legitimacy, because the voters has no expertise of such a scenario. The brand new chief would even have a weak mandate, albeit a constitutionally legit one.
Nonetheless, if the winner is set by a really slender margin, it may result in requires recounts and even allegations of rigging.
Tie
The Structure additionally gives for a scenario the place the highest two candidates may find yourself in a tie. Ought to that happen, the Election Fee will draw heaps. It could certainly be a luck-by-chance election.
The provisions within the structure referring to the presidential election – Article 97 – should be learn along with the Presidential Elections Act of 1981.
Right here is Article 94 of the Structure in full:
94. (1) On the election of the President each voter whereas casting his vote for any candidate could –
(a) the place there are three candidates for election, specify his second desire; and
(b) the place there are greater than three candidates for election, specify his second and third preferences.
(2) The candidate, if any, who receives greater than one-half of the legitimate votes solid shall be declared elected as President.
(3) The place no candidate is said elected underneath paragraph (2) of this Article, the candidate or candidates, apart from the candidates who obtained the very best and second highest variety of such votes, shall be eradicated from the competition, and –
(a) the second desire of every voter whose vote had been for a candidate eradicated from the competition, shall, whether it is for one or the opposite of the remaining two candidates, be counted as a vote for such candidate and be added to the votes counted in his favour underneath paragraph (2); and
(b) the third desire of every voter referred to in sub-paragraph (a) whose second desire just isn’t counted underneath that sub-paragraph shall, whether it is for one or the opposite of the remaining two candidates, be counted as a vote for such candidate and be added to the votes counted in his favour underneath sub-paragraph (a) and paragraph (2),
and the candidate who receives the vast majority of the votes so counted shall be declared elected as President.
(4) The place an equality is discovered to exist between the votes obtained by two or extra candidates and the addition of 1 vote would decide –
(a) which candidate is to be declared elected underneath this Article; or
(b) which candidate is to not be eradicated underneath this Article,
then the willpower of the candidate to whom such further vote shall be deemed to have been given for the aim of such willpower shall be made by lot.
