Representation of Paul Le Claire [2011] JRC 229 (05 December 2011)

Representation of Paul Le Claire [2011] JRC 229 (05 December 2011)

The Court found that Deputy Le Claire had raised sufficient issues regarding exclusion from the count, lack of communication over provisional results, and the closeness of the vote to establish a real dispute justifying a re-count under Article 59(1) of the Law. The Court exercised its discretion to order a re-count, finding that the public interest in a prompt resolution outweighed the need for further procedural steps. The re-count confirmed the original result, instilling confidence in the process.

Citation
[2011] JRC 229
Parties
Representor: Deputy Le Claire; Candidate: Deputy Trevor Mark Pitman; Candidate: Deputy Judith Ann Martin; Candidate: James Patrick Gorton Baker; Candidate: Nicolas Basil Le Cornu; Candidate: Keith Terence Shaw; Candidate: Mary O'Keeffe-Burgher; Candidate: Gennarino Risoli; Partie Publique: Attorney General
Jurisdiction
Jersey
Judgment Date
05 December 2011
Procedural Posture
Election Dispute / Application for Re Count
Outcome
application for re-count granted; re-count confirmed original result
Legal Topics
Vote Re Count, Candidate Rights, Election Procedure, Statutory Interpretation
Election Law Public Law Vote Re Count Candidate Rights Election Procedure Statutory Interpretation

Case Brief

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Parties

Deputy Le Claire

Representor

Deputy Trevor Mark Pitman

Candidate

Deputy Judith Ann Martin

Candidate

James Patrick Gorton Baker

Candidate

Nicolas Basil Le Cornu

Candidate

Keith Terence Shaw

Candidate

Mary O'Keeffe-Burgher

Candidate

Gennarino Risoli

Candidate

Attorney General

Partie Publique

Procedural Posture

Election Dispute / Application for Re Count

Legal Issues

  1. 1 Whether a re-count should be ordered in the St Helier No. 1 District deputy election of 19 October 2011
  2. 2 Whether the process denied candidates their statutory rights to be present and to request a re-count
  3. 3 Whether the closeness of the vote and alleged procedural irregularities justify judicial intervention

Ratio Decidendi

The Court found that Deputy Le Claire had raised sufficient issues regarding exclusion from the count, lack of communication over provisional results, and the closeness of the vote to establish a real dispute justifying a re-count under Article 59(1) of the Law. The Court exercised its discretion to order a re-count, finding that the public interest in a prompt resolution outweighed the need for further procedural steps. The re-count confirmed the original result, instilling confidence in the process.

Court Disposition

application for re-count granted; re-count confirmed original result

Orders

  • Packages containing the relevant used ballot papers (both valid and invalid) to be opened under supervision for a re-count.
  • Re-count to be conducted in presence of Deputy Le Claire and other candidates who wished to attend.