the Election Rules provides that voting in a general election shall be between the
hours of 6:00am and 6:00pm on the day of the elections. However, the petitioners
did not complain of late voting in the St. John’s Rural North constituency.
[5]
Many polling stations in the contested constituencies were affected by late
opening and closing of the polls. The learned trial judge found, as a matter of fact,
that voting in some of the stations continued for at least one hour after 6:00pm.
The reason for the late voting was disputed. However, the judge found, again as a
matter of fact, that the late voting resulted because persons who were waiting in
the line when the polling stations closed at 6:00pm, were then permitted to vote.2
[6]
There were 4,414 registered electors in the St George constituency. 3,488
electors cast ballots. The appellant, Jacqui Quinn-Leandro, received 1,985 votes
and the respondent, Dean Jonas, received 1,483 votes. There were 20 rejected
ballots. 79.02% of the electorate voted in the 2009 election, while 91.10% voted in
the previous General Election in 2004. The margin of the appellant’s victory was
502 votes. There was late voting in this constituency.
[7]
There were 3,577 registered electors in the St John’s Rural North constituency.
The number of electors who cast ballots was 2827. These included 9 rejected
ballots. 79.03% of the electorate voted as opposed to 92.26% in the previous
General Election held in 2004. The appellant, John Maginley received 1462 of the
votes cast and the respondent, Charles Henry Fernandez, received 1,356 votes.
The margin of the appellant’s victory was 106 votes. There was no late voting in
this constituency.
[8]
There were 4,996 registered voters in the St John’s Rural West constituency. The
number of electors who cast ballots was 4021. This included 9 rejected ballots.
The number of registered voters who did not vote was 966 or about 19.52% of the
electorate registered in the constituency. This meant that 80.48% of the electorate
2
See paragraph 209 of the judgment.
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