If none of the 12 presidential candidates secures the required 50%+1 majority in the December 7, 2024, election, the Electoral Commission (EC) will organize a runoff, likely on December 28, 2024.
This scenario aligns with Ghana’s constitutional mandate, which requires the president to be elected by an absolute majority. A runoff election becomes necessary when no candidate achieves the required majority in the first round.
The runoff will be a decisive contest between the two candidates who garnered the highest number of votes in the initial election.
Key Regulations for a Runoff
Under Regulation 44 of the Public Elections Regulations, 2020 (C.I. 127):
1. Runoff Timing: If no candidate secures over 50% of the valid votes, a runoff must be conducted within 21 days. Regulation 44(2) states:
“Where in a presidential election there are more than two candidates and none of the candidates obtains the percentage of votes specified in subregulation (1), the Commission shall conduct a second election within twenty-one days after the previous election.”
2. Eligibility for Runoff: Only the two candidates with the highest votes in the first round will contest the runoff. Regulation 44(3) states:
“The candidates for a presidential election held under subregulation (2) shall be the two candidates who obtained the two highest number of votes at the previous election.”
3. In Case of a Tie: If the runoff ends in a tie, another election must be held within 21 days. Regulation 44(6) states:
“If after a second presidential election the two candidates obtained an equal number of votes, despite any withdrawal, the Commission shall conduct an election within twenty-one days after the previous election and the two candidates shall be the only candidates and the same process shall, subject to any withdrawal, be continued until a President is elected.”
Historical Context
Ghana has previously experienced runoff elections twice—in 2000 and 2008—making this potential scenario a familiar part of the country’s electoral process.