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Message: <blockquote data-quote="Hyaenidae" data-source="post: 24808430" data-attributes="member: 530392">Quite a few politicians from both sides of the divide have expressed their views on the conduct of Presidential Elections stating that for any candidate aspiring to become the Executive President of Sri Lanka, needs to obtain 50% plus one vote out of the valid votes counted, as the minimum requirement for the Commissioner of Elections to declare the candidate winner. The latest to make this claim in a ‘voice cut’ was none other than the former General Secretary and current National Organizer of a main political party. He even went a step further describing the process and said if each of the three main parties fielded a candidate; no one would be able to achieve this minimum requirement causing a stalemate– and the country would become unable to elect a President!  This is a fallacy.  Let’s refer to- Presidential Elections Act, No. 15 of 1981- [Presidential Elections (Amendment) Act, No. 16 of 1988--does not deal with counting and declaration of a winner]  PART IV --THE COUNT , [quoting the above In a nutshell]  Sections 56,57,58,59 and 60 :  The Commissioner ascertains if any candidate has received more than 50% of valid votes and the candidate receiving more than 50% declared elected. If no candidate receives absolute majority—where there are three candidates, eliminate the last candidate and count the second/third preferences of eliminated candidate as a vote in favour of other two; or if there are more than three eliminate the rest leaving first and second to count the second preference of eliminated as a vote in favour of remaining candidates; and where the second preference is not counted, to count the third preference for one or the other of the remaining two candidates, as a vote in favour of such remaining candidate. Returning officer to add preferences and prepare a fresh statement. The returning officer shall prepare a statement indicating the number of second preferences and third preferences specified in favour of the remaining two candidates.  Sec. 61. The Commissioner shall, on receipt of the statements thereby ascertain which of the remaining two candidates has received the majority of the votes so counted and forthwith declare the candidate who has obtained such majority to be elected to the office of President.  It is obvious that there is no necessity for the winner to obtain “50% plus one vote.”  In fact a candidate receiving a percentage even as low as 10% can be elected President, if there are more than two candidates and say each receiving, 9.8, 9.8, 8.6, 8.3…., in any descending order to total 100%, and if one of the first two after adding the eliminated candidates second and third preferences, yet there is a strong possibility that the percentage revolves around 10% or less.  There is no minimum cut-off point: take a hypothetical case, if there are 30 or 40 candidates who are almost equally popular, a 2 to 3 per cent of valid votes would be sufficient for one to become the Executive President of Sri Lanka.http://www.dailymirror.lk/article/Wanted-a-candidate-for-Myth-and-fallacy-Of-plus-for-Presidency--154959.html</blockquote>

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