Le Cornu and Risoli -v- AG [2014] JRC 256 (23 December 2014)

Le Cornu and Risoli -v- AG [2014] JRC 256 (23 December 2014)

A technical and inadvertent defect in a candidate's nomination form, where the candidate is otherwise qualified and the defect did not affect the election result or the electorate's free choice, is not a matter of substance and does not warrant voiding the election or declaring a casual vacancy under the Public Elections (Jersey) Law 2002.

Citation
[2014] JRC 256
Parties
Applicant: Nicholas Basil Le Cornu; Applicant: Gino Risoli; Respondent: Scott Wickenden; Respondent: Judith Martin; Respondent: Russell Labey; Respondent: Shannen Kerrigan
Jurisdiction
Jersey
Judgment Date
23 December 2014
Procedural Posture
Election Petition / Judgment After Hearing
Outcome
applications dismissed
Legal Topics
Nomination Defects, Statutory Interpretation, Validity of Election, Casual Vacancy, Substantive Vs Technical Breach
Election Law Public Law Nomination Defects Statutory Interpretation Validity of Election Casual Vacancy Substantive Vs Technical Breach

Case Brief

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Parties

Nicholas Basil Le Cornu

Applicant

Gino Risoli

Applicant

Scott Wickenden

Respondent

Judith Martin

Respondent

Russell Labey

Respondent

Shannen Kerrigan

Respondent

Procedural Posture

Election Petition / Judgment After Hearing

Legal Issues

  1. 1 Whether a technical defect in a candidate's nomination form invalidates the election result
  2. 2 Interpretation of Article 61 of the Public Elections (Jersey) Law 2002 regarding casual vacancies and void elections
  3. 3 Whether Scott Wickenden was ineligible under the law due to a defective seconder

Ratio Decidendi

A technical and inadvertent defect in a candidate's nomination form, where the candidate is otherwise qualified and the defect did not affect the election result or the electorate's free choice, is not a matter of substance and does not warrant voiding the election or declaring a casual vacancy under the Public Elections (Jersey) Law 2002.

Court Disposition

applications dismissed