HM Attorney General v Pearce [2007] JRC 223A (27 November 2007)

HM Attorney General v Pearce [2007] JRC 223A (27 November 2007)

Mr Pearce was not duly nominated because at least three, and probably five, of the seconders did not intend to second him as candidate, but rather Mr Jones, and the candidate's details were not inserted at the time of signing. The statutory requirements were not met, rendering the nomination invalid.

Source-derived case information.

Citation
[2007] JRC 223A
Parties
Applicant: Attorney General; Respondent: Centenier Scaife; Respondent: Darius James Pearce; Respondent: Neil Jones; Respondent: José Velosa; Respondent: Ross Payne; Respondent: Peter Le Geyt
Jurisdiction
Jersey
Judgment Date
27 November 2007
Procedural Posture
Election Law Representation / Application for Ruling on Validity of Nomination
Outcome
nomination invalidated
Legal Topics
Nomination Procedure, Candidate Eligibility, Statutory Interpretation
Election Law Public Law Nomination Procedure Candidate Eligibility Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Centenier Scaife

Respondent

Darius James Pearce

Respondent

Neil Jones

Respondent

José Velosa

Respondent

Ross Payne

Respondent

Peter Le Geyt

Respondent

Procedural Posture

Election Law Representation / Application for Ruling on Validity of Nomination

Legal Issues

  1. 1 Whether Mr Pearce was duly nominated as a candidate under the Public Elections (Jersey) Law 2002
  2. 2 Whether signatures obtained for a different candidate or with blank candidate details are valid for nomination

Ratio Decidendi

Mr Pearce was not duly nominated because at least three, and probably five, of the seconders did not intend to second him as candidate, but rather Mr Jones, and the candidate's details were not inserted at the time of signing. The statutory requirements were not met, rendering the nomination invalid.

Court Disposition

nomination invalidated

Orders

  • Mr Pearce is not a candidate in the election for Connétable of St Helier.
  • The election shall proceed with only Mr Aaron and Mr Crowcroft as candidates.