It's Over 50% Not 51%

THE 2001 presidential election is round the corner, and come Monday evening, Ugandans will be awaiting the results with bated breath. Electoral rules provide that in case there is no outright winner, the poll will go into a second round of voting. But there is a mistaken belief that the run-off would be occasioned by the failure of any one candidate to poll at least 51% of the vote. This belief is not only among average individuals who may ordinarily be apolitical. It is widely held even within the various candidates' task forces, the media and seasoned politicians. The ignorance needs to be rectified. In these impassioned times, the propagating of such beliefs can breed untold consequences. Article 103 (4) of the Constitution states: "A candidate shall not be declared elected as President unless the number of votes cast in favour of that candidate at the election is more than 50% of valid votes cast at the election." The same provision is also in the Presidential Elections Act 2000. The difference in between 50% and 51% in actual terms can be about 100,000 votes, given a registered voters total of about 10 million. But even a single vote over 50% would constitute a winning majority. The winning majority provision is an enlightened one. It eliminates the possibility of a politician taking power when he is not the majority's choice. Many democracies operate a first-past-the-post electoral formula, whereby the politician/party get elected if they singularly have the most support relative to what the others would have polled. The purpose, therefore, of the Ugandan provision is that the majority of Ugandans elect our president. But it is a misrepresentation to simply round off "more than 50%" to 51%. Ends