Le Claire v Att. Gen. [2012] 1 JLR 15 (05 December 2011)

Le Claire v Att. Gen. [2012] 1 JLR 15 (05 December 2011)

A recount is justified where there is a real dispute as to the accuracy of the original count, especially if the applicant was excluded from the count, had no opportunity to request a recount, the vote margin is narrow, and the application is made promptly before oaths are taken.

Citation
[2012] 1 JLR 15
Parties
Applicant: Le Claire; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
05 December 2011
Procedural Posture
Election Petition / Application for Recount
Outcome
recount ordered
Legal Topics
Disputed Elections, Recount Procedure
Election Law Disputed Elections Recount Procedure

Case Brief

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Parties

Le Claire

Applicant

Attorney General

Respondent

Procedural Posture

Election Petition / Application for Recount

Legal Issues

  1. 1 Whether a recount should be ordered under Public Elections (Jersey) Law 2002, art. 59(1) in the event of a real dispute as to the accuracy of the original count

Ratio Decidendi

A recount is justified where there is a real dispute as to the accuracy of the original count, especially if the applicant was excluded from the count, had no opportunity to request a recount, the vote margin is narrow, and the application is made promptly before oaths are taken.

Court Disposition

recount ordered

Orders

  • A recount of the votes is to be conducted.