Attorney General's Representation re Public Elections Law - Westwater [2018] JRC 085 (14 May 2018)

Attorney General's Representation re Public Elections Law - Westwater [2018] JRC 085 (14 May 2018)

The breaches of Article 20(4B) were not substantive because the candidate declared her endorsement before proposer and seconders signed, and the political party had agreed to endorse her. The purposes underlying the Article were fulfilled, and invalidating the nomination would disproportionately reduce electoral choice and be incompatible with Convention rights.

Citation
[2018] JRC 085
Parties
First Respondent: Sarah Westwater; Applicant: Attorney General; Candidate: Gregory Guida; Candidate: Kirsten Morel
Jurisdiction
Jersey
Judgment Date
14 May 2018
Procedural Posture
Election Nomination Dispute / Pre Polling Judicial Confirmation
Outcome
Nomination of Sarah Westwater confirmed as valid.
Legal Topics
Nomination Requirements, Political Party Endorsement, Electoral Process, Jurisdiction, Human Rights Compatibility
Election Law Public Law Human Rights Nomination Requirements Political Party Endorsement Electoral Process Jurisdiction Human Rights Compatibility

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Parties

Sarah Westwater

First Respondent

Attorney General

Applicant

Gregory Guida

Candidate

Kirsten Morel

Candidate

Procedural Posture

Election Nomination Dispute / Pre Polling Judicial Confirmation

Legal Issues

  1. 1 Whether breaches of Article 20(4B) of the Public Elections (Jersey) Law 2002 invalidate the nomination of Sarah Westwater
  2. 2 Whether the Court has jurisdiction to confirm candidature despite procedural defects
  3. 3 Compatibility of election law with Convention rights

Ratio Decidendi

The breaches of Article 20(4B) were not substantive because the candidate declared her endorsement before proposer and seconders signed, and the political party had agreed to endorse her. The purposes underlying the Article were fulfilled, and invalidating the nomination would disproportionately reduce electoral choice and be incompatible with Convention rights.

Court Disposition

Nomination of Sarah Westwater confirmed as valid.

Orders

  • Sarah Westwater's candidature confirmed.
  • Recommendation to amend nomination form for clarity.