70
The Constitution of the Democratic Socialist Republic of Sri Lanka
Election of the
President
94. (1) At the election of the President every voter
while casting his vote for any candidate may (a) where there are three candidates for election,
specify his second preference; and
(b) where there are more than three candidates for
election, specify his second and third preferences.
(2) The candidate, if any, who receives more than
one-half of the valid votes cast shall be declared elected as
President.
(3) Where no candidate is declared elected under
paragraph (2) of this Article, the candidate or candidates, other
than the candidates who received the highest and second
highest number of such votes, shall be eliminated from the
contest, and –
(a)
the second preference of each voter whose vote
had been for a candidate eliminated from the
contest, shall, if it is for one or the other of the
remaining two candidates, be counted as a vote
for such candidate and be added to the votes
counted in his favour under paragraph (2); and
(b) the third preference of each voter referred to in
sub-paragraph (a) whose second preference is not
counted under that sub paragraph shall, if it is for
one or the other of the remaining two candidates,
be counted as a vote for such candidate and be
added to the votes counted in his favour under
sub-paragraph (a) and paragraph (2),
and the candidate who receives the majority of the votes
so counted shall be declared elected as President.
(4) Where an equality is found to exist between the votes
received by two or more candidates and the addition of one vote
would determine –
(a) which candidate is to be declared elected under
this Article; or
(b) which candidate is not to be eliminated under
this Article,
then the determination of the candidate to whom such
additional vote shall be deemed to have been given for the
purpose of such determination shall be made by lot.
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