80 Constitution of Kenya, 2010 (b) is a public officer, or is acting in any State or other public office. (3) Clause (2) (b) shall not apply to— (a) the President; (b) the Deputy President; or (c) a member of Parliament. Procedure at presidential election. 138. (1) If only one candidate for President is nominated, that candidate shall be declared elected. (2) If two or more candidates for President are nominated, an election shall be held in each constituency. (3) In a presidential election— (a) all persons registered as voters for the purposes of parliamentary elections are entitled to vote; (b) the poll shall be taken by secret ballot on the day specified in Article 101 (1) at the time, in the places and in the manner prescribed under an Act of Parliament; and (c) after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result. (4) A candidate shall be declared elected as President if the candidate receives— (a) more than half of all the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the counties. (5) If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be— (a) the candidate, or the candidates, who received the greatest number of votes; and (b) the candidate, or the candidates, who received the second greatest number of votes.