A General Election dead heat could turn into a Constitutional nightmare for Bermuda.

For -- despite there being an even number of MPs -- the Constitution is silent on how to handle a 20/20 split in Parliament.

And yesterday the Island's legal chiefs and the Governor's office were staying tight-lipped on what could be done in the event of a Mexican stand-off in the House of Assembly.

Deputy Governor Tim Gurney stressed a 20/20 split was a purely hypothetical situation.

But he added: "If it was to happen, the Governor would be well aware of his responsibilities and duties and would be working to resolve the situation.'' But it is understood the Governor would, legally, have to go to Premier Pamela Gordon, as the sitting Premier, first.

Mr. Gurney explained: "The Premier remains the Premier until she resigns, so he would be talking to her to see if she could form an administration -- if not, he would look elsewhere.'' Attorney General Elliott Mottley declined to comment unless and until the issue actually became a problem.

The draughtsmen who drew up the current Bermuda Constitution -- despite an even number of MPs being provided for -- apparently did not consider the possibility of a draw at the polls.

And that leaves the Country with a headache if no-one could claim an overall majority in the House.

The simplest solution would be for one party to cut a deal with an opposing Member of Parliament to give them a majority.

But -- in the circumstances in Bermuda following a draw -- it is unlikely any Member on either side would be prepared to cross the floor.

The simplest route would be to hold another General Election in the hope a clear winner would emerge.

But one method which could be considered would be to ask the party which won the largest percentage of the vote to form the Government -- but, due to the lack of law in the area, it is not known if that is actually legal.

In the UK, on which the Bermuda Parliament is modelled, there are 659 MPs -- an odd number.

And, in addition to the two main parties, there are the Liberal Democrats, the Scottish Nationalists and the Welsh nationalists Plaid Cymru, as well as several parties representing the people of Northern Ireland -- most of whom have done deals in the past to allow a Government to have a majority.

One of the few examples where a dead heat has been recorded in the UK is in local government.

About ten years ago, Stirling District Council in Scotland returned ten Conservative councillors and ten Labour ones and the impasse was broken by ae cut of cards, with the Conservatives forming the administration.

But it is unlikely Bermuda would consider taking that route to form a Government.

St. Kitts -- which has a Westminster system Constitution and Parliament as well -- recorded a draw in the early 1990s.

The previous ruling party was able to achieve a majority through the appointment of Senators, who in St. Kitts sit in the same chamber.

But the two main parties agreed an election would be held within a year and the sitting administration was defeated.

The Constitution says the Governor appoints the Premier on the basis of being "able to command the confidence of a majority of the members of that House''.

But it adds that other Ministers will be appointed by the Governor after advice from the Premier -- and of those Ministers, not less than one and no more than two can be Senators.

The Governor, however, also has the power to revoke the appointment of Premier between polling day and the first sitting of the House if "in consequence of the changes in the membership of the House of Assembly resulting from that election, the Premier will not be the member of the House best able to command the confidence of a majority of the members thereof''.

Tim Gurney Graphic file name: GURRNEY