3.
Tampering with ballot box: section 98. Ballot box
containing 346 ballots counted by presiding officer after
close of poll on election day subsequently found to be
empty by returning officer at final count: sections 77 and 98.
Ballots when counted by the presiding officer had produced
the following result :Warren Blake
Andrew Holness
Steve Daley
Total
338
7
1
346
+
These ballots were not included in the final count.
As regards Polling Division No. 60 counsel for the applicant conceded that no
evidence was adduced to support the voiding of the poll taken at that place.
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How then, if at all, do these breaches of the law and other irregularities, as
undoubtedly they are, affect the result of this election. Section 37 of the Election
Petitions Act provides as follows:
"37. The Constituted Authority may, subject to section
38, apply to the Election Court for the voiding of the taking
of a poll on one or more of the following grounds -
(a) that the total number of votes case in a
constituency or electoral division exceeds the
number of electors on the official list for that
constituency or electoral division;
(b) 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