Seychelles 1993 Constitution (reviewed 2017)

SCHEDULE 3. ELECTION OF PRESIDENT

1. 1. Subject to paragraph 6, the President shall be directly elected by secret ballot by persons entitled to vote under and in accordance with this Constitution.

2

1. 1. 1. A person shall not be a candidate in an election for President unless-
         1. the person submits to the Electoral Commission on or before the day appointed as nomination day in relation to the election the name of the other person the candidate designate as the candidate’s Vice-President together with a written consent accepting to be so designated signed by the other person and attested to the satisfaction of the Electoral Commission by a notary in Seychelles and the form provided for this purpose by the Electoral Commission completed and signed by that person and endorsed to the satisfaction of the Electoral Commission by such number, as may be prescribed under an Act, of other persons who are entitled to vote at the election under and in accordance with this Constitution; and
         2. the person deposits with the Electoral Commission, or gives security to the satisfaction of the Electoral Commission for the payment of such sum as may be prescribed under an Act as the amount to be deposited by a person who is a candidate to the election for the office of President.
      2. Where a person receives less than 5% of the votes cast at the election for the office of President in respect of which the person is standing as a candidate, the person shall forfeit to the Republic the sum deposited or in respect of which security was given under subparagraph (1)(b).

3

1. 1. 1. Subject to article 52A(4)(b), a person nominated as candidate for election to the office of President may withdraw the nomination at any time before the day appointed for the election by notice in writing to the Electoral Commission.
      2. A person who, within such period as may be provided by law, withdraws as candidate under subparagraph (1) shall be refunded the deposit or returned the security for the deposit referred to in paragraph 2(1)(b).
   2. An election to the office of President shall be held so as to begin —
      1. where the President is in office after the beginning of the period of four months ending on the date when the President’s term of office expires by the effluxion of time, during the first three months of that period; and
      2. in any other case, during the period of three months beginning with the date when the office became vacant or a Proclamation under article 52A was made.
   3. Subject to paragraphs 6 and 7, a person shall not be elected to the office of President unless he has received more than fifty percent of the votes in the election and the necessary number of ballots may, subject to the election being discontinued and recommenced in accordance with an Act, be held in accordance with the direction of the Electoral Commission to achieve that result.
   4. Where immediately prior to the day appointed for holding an election to the office of President, there is only one candidate for election and that candidate has, since the day immediately following the day of the closing of nominations, been the sole candidate, no ballot shall be held and that candidate shall be declared by the Electoral Commission to be elected to the office of President.

7

1. 1. 1. Where on the day immediately following the day of closing of nominations for the election of President more than one candidate stand nominated for election and on the day of election only one candidate stands nominated by reason of the withdrawal of nominations of other candidates, or no candidate stands nominated by reason of the withdrawal of nomination of all the candidates, the election shall be postponed and a further period of not less than seven days shall be allowed for nomination of other candidates.
      2. Where on the day immediately following the day of closing of nominations for the election of President one or more candidates stand nominated for election and one or more of them die at any time before the close of the poll, the election shall be postponed and a further period of not less than seven days from the date of death of the candidate shall be allowed for nomination of other candidates.
      3. The election postponed pursuant to subparagraph (1) or (2) shall be held on such date as the Electoral Commission may decide but, in any case, not later than thirty days of the event specified in those subparagraphs which occurred last and the candidates nominated pursuant to those subparagraphs shall, notwithstanding their withdrawal, be deemed to be the candidates for that election.
      4. Where at any time between the close of the poll at an election any the declaration of the result of the election a candidate at the election dies the Electoral Commission shall proceed with the count and declare the result of the election notwithstanding the death of the candidate.

8

1. 1. Where in an election to the office of President three or more candidates take part in any ballot and no candidate receives more than fifty percent of the votes cast, then, if the result of the ballot is that —
      1. all the candidates receive the same number of votes;
      2. two or more candidates receive, equally, the highest number of votes;
      3. one candidate receives the highest number of votes and another candidate receives the second highest number of votes; or
      4. one candidate receives the highest number of votes and two or more candidates receive, equally, the second highest number of votes,

      only the candidates referred to in subparagraph (a), subparagraph (b), subparagraph (c), or subparagraph (d) as the case maybe, shall take part in the subsequent ballot and the other candidates, if any, shall be eliminated.

   2. Any subsequent ballots referred to in subparagraph (1) shall be held not less than seven days and not more than fourteen days after the immediately preceding ballot.
2. An instrument which-
   1. is executed under the hand of the Electoral Commissioner; and
   2. states that the person named in the instrument was duly elected to the office of President,

   shall be evidence that the person was so elected.