Ο περί Εκλoγής (Πρόεδρoς και Αντιπρόεδρoς της Δημoκρατίας) Νόμoς τoυ 1959 (37/1959)

34.-(1) Each candidate may attend the counting of the votes in person or may appoint an agent (in this section referred to as "the counting agent") by written note to this effect given by the candidate to the Returning Officer at Nicosia, to attend the counting of votes.

(2) Ευθύς αμέσως μετά την αποπεράτωση της ψηφοφορίας ο Προεδρεύων της Εκλογής προβαίνει σε διευθετήσεις για την επί τόπου σε κάθε εκλογικό κέντρο διαλογή και καταμέτρηση των ψήφων στην παρουσία των υποψηφίων ή των επί της διαλογής εγγράφως διορισθέντων αντιπροσώπωντων κομμάτων

(3) Ο Προεδρεύων Εκλογής, his assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Προεδρεύων Εκλογής, may be present at the counting of the votes.

(4) Κάθε κάλπη ανοίγεται επί τόπου στο εκλογικό κέντρο υπό την εποπτεία και ευθύνη του Προεδρεύοντα της Εκλογής και στην παρουσία των εκπροσώπων των κομμάτων και τωνανεξάρτητων υποψηφίων αρχίζει η διαδικασία διαλογής και καταμέτρησης των ψήφων. Μετά τησυμπλήρωση της καταμέτρησης και την καταγραφή των αποτελεσμάτων, ο Προεδρεύων της Εκλογής διαβιβάζει τα αποτελέσματα της εκλογής και μεταφέρει με τον ασφαλέστερο τρόπο την κάλπη με το περιεχόμενο της και όλα τα σχετικά έντυπα στον Έφορο της οικείας εκλογικής περιφέρειας.

(5) O Προεδρεύων της Εκλογής shall so far as practicable proceed continuously with counting the votes and shall endorse "rejected" on any ballot papers which he may reject as invalid.

(6) When the counting of the votes has been completed the Returning Officer shall forthwith declare the candidate to whom the greatest number of votes is given to be elected, if such number of votes exceeds fifty per centum of the total number of votes validly cast.

(7) If no candidate receives more than fifty per certum of the total number of votes validly cast, a new poll shall be taken, on a day to be appointed by the Governor** for the purpose, between the two candidates who had been given the greatest number of votes at the previous poll, and the candidate who is given the greater number of votes at the second poll shall be declared by the Returning Officer to be elected.

(8) In any case where there is reasonable doubt as to the result of an election the Returning Officer of the electoral division may, either of his own motion or upon the application of any candidate or his counting agent, order a recount to be taken before making a declaration of the result of the election.

(9) Upon the completion of the counting, and after the result has been declared by him, the Returning Officer shall seal up the ballot papers and all other documents relating to the election as required by this Law and shall, subject to the provisions of the next succeeding sub-section, retain the same for a period of six months and thereafter shall cause them to be destroyed unless otherwise directed by order of the Governor**.

(10) The Chief Justice may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Law be inspected, copied, or produced at such time and place and subject to such conditions as the Chief Justice may deem expedient, but shall not make such an order unless he is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connection with the election. Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of sub-section (9) of this section.

35.-(1) Ο Προεδρεύων της Εκλογής shall reject as invalid the following ballot papers only, namely any booklet-

(a) the cover of which has not been stamped, or perforated with the official mark of, or initialled by, the Προεδρεύων της Εκλογής;

(b) in which more than one ballot paper appears to have been marked by the elector;

(c) the ballot papers in which contain any writing or mark by which the elector can be identified; or

(d) in which any ballot paper is missing, or which is incomplete, or in which none of the ballot papers has been marked.

(2) Αvεξάρτητα από τα όσα διαλαμβάvovται στo εδάφιo (1), ψηφoδέλτιo πoυ περιέχει στo μέρoς της στήλης πoυ αvτιστoιχεί σε κάθε υπoψήφιo και στo χώρo κάτω από τη φωτoγραφία αυτoύ έvα από τα σημεία "Χ" "+" ή "V" ή oπoιoδήπoτε άλλo σημείo πoυ πρoσoμoιάζει με αυτά, θεωρείται έγκυρo.

(3) Before rejecting any ballot papers the Προεδρεύων της Εκλογής shall show them to each candidate or his counting agent if present and hear his views thereon.

(4) The decision of the Προεδρεύων της Εκλογής whether or not any ballot papers shall be rejected shall be final and shall not be questioned on an election petition.

36. O Γεvικός Έφoρoς της Εκλoγής shall forthwith after the result has been declared by him-

(a) certify by endorsement on the writ the return of the person elected and shall return to the Governor* the writ so endorsed;

(b) publish in the Gazette the name of the person so elected.

37.-(1) If an election is not held on the appointed day it shall be held on the day next following the appointed day. If the election is not held on such next day the Governor* shall appoint a day on which the election shall be held.

(2) If the Governor* shall appoint a day for the holding of an election under the provisions of sub-section (1) the Returning Officer shall publish and keep published for six days before the date thereof notice of such election and save as aforesaid such election shall be conducted in accordance with the provisions of this Law.

38.-(1) No election shall be invalid by reason of any failure to comply with the provisions of this Law relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions and that such failure did not affect the result of the election.

(2) Where in this Law any act or thing is required or authorized to be done in the presence of the candidates or their agents, the non-attendance of the candidates or agents at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate that act or thing.

39.-(1) Every person who-

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing the same to be forged; or

(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the stamp, perforation or initial on the cover of any booklet of ballot papers; or

(c) without due authority supplies any ballot paper to any person; or

(d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; or

(e) not being a person entitled under this Law to be in possession of any ballot paper or any booklet of ballot papers, the cover of which has been stamped, perforated or initialled in accordance with this Law, has any ballot paper or such booklet in his possession; or

(f) puts into any ballot box anything other than the booklet of ballot papers, the cover of which has been stamped, perforated or initialled, which such person is authorized by law to put in; or

(g) without due authority takes out of the polling station any ballot paper or any booklet of ballot papers, the cover of which has been stamped, perforated or initialled, or is found in possession of any ballot paper or such booklet outside a polling station; or

(h) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers in use or intended to be used for the purposes of an election; or

(i) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election,

shall be guilty of an offence and shall be liable upon conviction to imprisonment not exceeding six months or to a fine not exceeding ,450 or to both such imprisonment and fine.

(2) Any person convicted of an offence under subsection (1) shall become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at any election under this Law or any Law amending or replacing this Law, or any Law governing elections of members of the House of Representatives or Communal Chambers of the Republic for the time being in force.