Representation of Pearmain re St Clement Parish Elections [2021] JRC 213 (17 August 2021)

Representation of Pearmain re St Clement Parish Elections [2021] JRC 213 (17 August 2021)

The threshold for postponing a public election after the poll date is fixed is high and requires circumstances akin to force majeure. The Court found that, despite the Covid-19 pandemic and rising cases, adequate arrangements for safe voting were in place, most public amenities remained open, and the right to vote was not unduly impeded. The inability to hold traditional hustings and potential lower turnout did not amount to sufficient grounds to postpone the election. Therefore, the application to postpone was refused.

Citation
[2021] JRC 213
Parties
Applicant (procureur Du Bien Public of the Parish of St Clément): Susan Pearmain; Candidate: Marcus Troy; Candidate: Simon Bree
Jurisdiction
Jersey
Judgment Date
17 August 2021
Procedural Posture
Representation (election Law) / Application to Postpone Election
Outcome
Application to postpone the election refused.
Legal Topics
Postponement of Election, Covid 19 Pandemic Impact, Right to Free and Fair Elections, Electoral Procedure
Election Law Public Health Law Human Rights Postponement of Election Covid 19 Pandemic Impact Right to Free and Fair Elections Electoral Procedure

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Parties

Susan Pearmain

Applicant (procureur Du Bien Public of the Parish of St Clément)

Marcus Troy

Candidate

Simon Bree

Candidate

Procedural Posture

Representation (election Law) / Application to Postpone Election

Legal Issues

  1. 1 Whether the Court has power to postpone a public election after the poll date is fixed
  2. 2 Whether the Covid-19 pandemic circumstances justify postponement of the election to ensure a free and fair election

Ratio Decidendi

The threshold for postponing a public election after the poll date is fixed is high and requires circumstances akin to force majeure. The Court found that, despite the Covid-19 pandemic and rising cases, adequate arrangements for safe voting were in place, most public amenities remained open, and the right to vote was not unduly impeded. The inability to hold traditional hustings and potential lower turnout did not amount to sufficient grounds to postpone the election. Therefore, the application to postpone was refused.

Court Disposition

Application to postpone the election refused.

Orders

  • The poll for the office of Connétable of the Parish of St Clément shall proceed as originally ordered.