The petitioners claimed that electoral officials used ‘photo lists’ instead of the Register for
Elections, as prescribed by law for the conduct of the elections. Difficulties which
developed in the printing of these lists caused some polling stations to open late. Voting
then continued to various times past the 6.00pm scheduled closing time in some polling
stations in the St. George and St. John’s Rural West constituencies. The petitioners
claimed that the late voting breached Rule 1(7) of the Election Rules. This rule provides
that polling in a general election shall be between the hours of 6.00am and 6.00pm on the
day of the elections. The reasons for the late voting were disputed. However, the trial
judge found that it occurred because persons, who were waiting in the line when the
polling stations closed at 6.00pm, were permitted to vote after 6.00pm.
There were 4,414 registered voters in the St George constituency. 3,488 electors voted.
There were 20 rejected ballots. 926 or about 20.9% of the registered voters in that
constituency did not vote. 79.1% of the electorate voted as opposed to 92.26% in the
previous General Elections held in 2004; a difference of 13.1%. The respondent/appellant,
Jacqui Quinn-Leandro received 1,985 votes. The respondent, Dean Jonas received 1,483
votes. The margin of appellant Quinn-Leandro’s victory was 502 votes.
There were 3,577 registered voters in the St John’s Rural North constituency. 2,827 electors
voted. There were 9 rejected ballots. 750 or about 20.97% of the voters registered in the
constituency did not vote. 79.03% of the electorate voted as opposed to 91.10% in the
previous General Election held in 2004; a difference of 12.07%. The respondent/appellant,
John Maginley, received 1,462 of the votes cast. The petitioner/respondent, Charles
Henry Fernandez, received 1,356 votes. The margin of appellant Maginley’s victory was
106 votes. There was no late voting in this constituency.
There were 4,996 registered voters in the St John’s Rural West constituency. 4021
electors or 80.48% of the electorate voted in the constituency, as opposed to 89.48% in
the previous General Election held in 2004, a difference of 9% voted. There were 9
rejected ballots. 975 or about 19.52% of the electorate registered in the constituency did
not vote. The respondent/appellant, Winston Baldwin Spencer, received 2,259 votes. The
opposition candidate, Gail Christian, received 1,743 votes. The margin of appellant
Spencer’s victory was 506 votes.
The petitioners prayed for orders declaring the elections in the 3 contested constituencies
invalid. They contended that the elections were conducted in breach of electoral law.
They also insisted that the elections were not conducted substantially in accordance with
electoral law. They further contended that the matters which they complained of affected
the results of the elections in the 3 contested constituencies.
At the trial, the respondents to the petitions (the appellants in the appeal proceedings)
insisted that late voting was never properly pleaded, or at all, in the petitions. They
contended that this did not therefore arise as a triable issue. They also argued that the
late opening of the polls and the use of the photo lists did not breach electoral laws. They
contended that, in any event, their return as elected members of the legislature should not
be invalidated because any breach of electoral laws that might have occurred did not
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