voted as opposed to 89.48% in the previous General Election held in 2004, a difference of about 9%. The appellant, Winston Baldwin Spencer, received 2,259 votes and the opposition candidate, Gail Christian, received 1,743 votes. The margin of the appellant’s victory was 506 votes. There was late voting (after 6:00pm) in this constituency. The reason for the late voting was disputed. However, the judge also found that the late voting was by persons who were waiting in line when the polling stations closed at 6:00pm, and they were permitted to vote.3 The petitioner contended that there was also late voting by persons who joined the lines after 6:00pm in breach of Rule 1(7) of the Election Rules. The petitioners’ prayers [9] The petitioners prayed for orders declaring the election in each contested constituency invalid. They contended that the elections were conducted in breach of electoral laws. They contended, additionally, that the elections were not conducted substantially in accordance with electoral laws and/or that the breaches affected the results contrary to section 32(4) of the Representation of the People (Amendment) Act.4 This provision states, in effect, that no election shall be declared invalid because of a breach of election law if it appears to the Court that the election was so conducted as to be substantially in accordance with election law, and that the breach did not affect its result. [10] More particularly, the petitioners complained that voting in various polling stations in each contested constituency commenced late in breach of Rule 1(7) of the Election Rules. The petitioners further complained that the electoral officials failed to use the published Register for Elections, and used a “photo list” instead, in breach of electoral law. The petitioners alleged that there was late voting in the St. George the St. John’s Rural West constituencies in breach of Rule 1(7) of the Election Rules. The respondents alleged, further, that a number of persons actually entered the lines at polling stations after 6:00pm and voted in the St. 3 4 See paragraph 259 of the judgment. No. 17 of 2001. These Acts will hereinafter be referred to as “the Representation of the People Act”. 10