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Stabroek News

Five election-voiding petitions rejected
published: Tuesday | October 2, 2007

JOAN GORDON Webley, Sally Porteous and Dr. D.K. Duncan are among five candidates who had their petition for the voiding of polls in their constituencies in the September 3 election dismissed by the Constituted Authority.

A news release, which appeared under the name of Justice R.G. Langrin, chairman of the Constituted Authority, says the candidates who appealed to the body for the voiding of the polls did not convince the authority that an application must be made to the Election Court for such ruling.

Under Section 37 of the Election Petitions Act, the Constituted Authority may apply to the election court for the voiding of the taking of the poll.

Violence cited

Mrs. Gordon-Webley, representing the Jamaica labour Party (JLP), lost the South East St. Andrew seat to the People's National Party's (PNP) Maxine Henry-Wilson. Ms. Porteous, JLP, lost the Central Manchester seat to Peter Bunting, PNP.

Most of the candidates who applied claimed that there was an upsurge in violence on election day in one or more polling stations or polling divisions or in any electoral division or constituency which would lead to a substantial distortion or subversion of the process of free and fair election.

Dr. D.K. Duncan, PNP, who is in an intense battle to win the Eastern Hanover seat from the JLP's Barrington Gray, is one of two PNP candidates to have had his application disqualified. The other is Patrick Roberts, who lost the West Central St. Andrew seat to Andrew Holness.

Neither of these candidates submitted evidence to substantiate their claim, as required by law.

Unsubstantiated claims

Joel Williams, the lone JLP candidate to lose in Clarendon, also had his application for the voiding of the polls in South West Clarendon dismissed as the Constituted Authority decided that his claims were largely unsubstantiated. He lost the seat to the PNP's Noel Arscott.

"Accordingly, the Constituted Authority did not, whether on its own motion or at the request of any of the candidates, determine that any application ought to be made to the election court with a view to voiding the taking of polls within a polling station, polling division or constituency," the release from the Constituted Authority says.

Grounds for voiding polls

That the total number of votes cast in a constituency or electoral division exceeds the number of electors on the official list for that constituency or electoral division.

That ballot boxes have been stolen or destroyed or have in any manner been tampered with and the number of electors on the list of electors for the polling stations is more than the difference in the number of votes cast for the candidate declared the winner and the candidate who is not declared the winner.

That a presiding officer has, under duress, signed ballots and that the number of ballots so signed is sufficient to cast doubt on the majority of votes counted for the candidate declared elected.

That votes have been polled by persons who are not bona fide electors, thereby casting doubt on the integrity of the votes counted for the candidate declared elected.

That there is an upsurge in violence or any irregularity during election day in one or more polling stations or polling divisions or in any electoral division or constituency, which would lead to a substantial distortion or subversion of the process of free and fair election."

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