11Evidence

11 Evidence

(1)  A party in any election dispute proceedings may give evidence to prove that a person was not duly elected.

(2)  If it appears that there is an equality of votes between any candidates at an election and that the addition of a vote would entitle any of those candidates to be elected, the Supreme Court is to refer the matter to the Electoral Commissioner.

(3)  On receipt of a matter referred by the Supreme Court, the Electoral Commissioner is to –

(a) decide between the candidates by lots; and

(b) proceed as if the candidate who was decided by lot had received an additional vote.

(4)  The Supreme Court may not receive evidence to the effect that a witness was not permitted to vote at the election concerned unless the witness satisfies the Court that –

(a) he or she was entitled to vote under the Act; and

(b) in so far as the witness was permitted to do so, he or she complied with the requirements of the Act relating to voting by electors.