Jersey Judgment

Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.

Court disposition

election not declared void

02

Material facts

Parties

Le Cornu

Applicant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Election Petition / Judgment

04

Questions and positions

Legal issues

Whether a technical, inadvertent failure in candidate nomination requires the election to be declared void under Public Elections (Jersey) Law 2002, art. 61(3)

Party arguments

Applicant
The election should be declared void due to a nomination error where the candidate was seconded by a person not entitled to do so.
Respondent
The failure was inadvertent and technical, not affecting the substance or result of the election, and the electorate had already exercised their right to vote.

05

Court’s reasoning

  1. 01

    Public Elections (Jersey) Law 2002, art. 61(4)

    A court may exercise discretion not to declare an election void for inadvertent, technical failures that do not affect the substance or result of the election.

  2. 02

    ECHR, First Protocol, art. 3

    The right of the electorate to vote is a significant consideration in election challenges.

06

Ratio, limits and disposition

Ratio decidendi

The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.

Obiter and limits

  • Very significant that the electorate had already exercised their right to vote under the law and the ECHR.

Court disposition

election not declared void

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2015] 1 JLR 58

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BAILII >> Databases >> Jersey Law Reports >> Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151058.html Cite as: [2015] 1 JLR 58 [ New search ] [ Help ] Le Cornu v. Att. Gen. 2015 (1) JLR 58 (23 December 2014) Elections-candidates-nominations-court exercised discretion under Public Elections (Jersey) Law 2002, art. 61(4) not to declare election void under art. 61(3) as inadvertent, technical failure to comply with Law (i.e. candidate erroneously seconded by person not entitled to do so) not matter of substance affecting result of election-very significant that electorate had already exercised right to vote (under Part 2 of Law and ECHR, First Protocol, art.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Public Elections (Jersey) Law 2002, art. 61(3)

Legislation

Legislation referenced in the available case record.

Public Elections (Jersey) Law 2002, art. 61(4)

Legislation

Legislation referenced in the available case record.

ECHR, First Protocol, art. 3

Legislation

Legislation referenced in the available case record.

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