Article 63 - Election Of President

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(1) A person shall not be a candidate in a presidential election unless he is nominated for. election as President by a document which—

(a) is signed by him; and

(b) is signed by not less than two persons who are registered voters resident in the area of authority of each district assembly;

(c) is delivered to the Electoral Commission on or before the day appointed as nomination day in relation to the election;

(d) designates a person to serve as Vice-President.

(2) The election of the President shall be on the terms of universal adult suffrage and shall, subject to the provisions of this Constitution, be conducted in accordance with such regulations as may be prescribed by constitutional instrument by the Electoral Commission and shall be held so as to begin—

(a) where a President is in office, not earlier than tour months nor later than one month before his term of office expires; and

(b) in any other case, within three months after the office of President becomes vacant;

and shall be held at such place and shall begin on such date as the Electoral Commission shall, by constitutional instrument, specify.

(3) A person shall not be elected as President of Ghana unless at. the presidential election the number of votes cast in his favour is more than fifty per cent of the total number of valid votes cast at the election.

(4) Where at a presidential election there are more than two candidates and no candidate obtains the number or percentage of votes specified in clause (3) of this article a second election shall be held within twenty-one days after the previous election.

(5) The candidates for a presidential election held under clause (4) of this article shall be the two candidates who obtained the two highest numbers of votes at the previous election.

(6) Where at a presidential election three or more candidates obtain the two highest numbers of votes referred to in clause (5) of this article, then unless there are withdrawals such that only two candidates remain, another election shall be held within twenty-one days after the previous election at which the candidates who obtained the two highest numbers of votes shall, subject to any withdrawals, be the only candidates and the same process shall, subject to any withdrawal, be continued until a President is elected.

(7) A presidential candidate under clause (5) or (6) of this article may, by writing under his hand, withdraw his candidature at any time before the election.

(8) If after a second presidential election held under clause (4) of this article the two candidates obtained an equal number of votes, then, notwithstanding any withdrawal, another election shall be held within twenty-one days after the election at which the two candidates shall be the only candidates and the same process shall, subject to any withdrawal, be continued until a President is elected.

(9) An instrument which—

(a) is executed under the hand of the Chairman of the Electoral Commission and under the seal of the Commission; and

(b) states that the person named in the instrument was declared elected as the President of Ghana at the election of the President, shall be Prima facie evidence that the person named was so elected.