Friday, November 26, 2021

Objections To Nomination Of Candidates


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The nomination process does not stop with the submission of nomination papers and the accompanying paraphernalia as required by law. After any submission, section 49 of the Elections Act provides for the raising of objections as follows:

“(1) A registered voter may object to a nomination paper on all or any of the following grounds, but on no other ground, that-

(a)    the description  of the candidate is insufficient to identify the candidate;

(b)    the nomination paper does not comply with or was not delivered  in accordance with the provisions of this Act;

(c)      it is apparent  from  the contents  of  the  nomination  paper that  the candidate is not capable of being elected to the office to which his or her nomination paper relates.”

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Furthermore subsection (2) requires as follows:

“An objection to a nomination paper shall not be allowed unless it is made to the Returning Officer between the hours of eleven o’clock in the forenoon and four o’clock in the afternoon on the day of nomination, provided that, if an objection is filed, a nomination paper may be corrected until five o’clock in the afternoon of the day of nomination.”

Subsection (3) adds:

“(3) Every objection shall be in writing signed by the person objecting and shall specify the grounds of objection.”

Furthermore, subsection (4) stipulates:

“(4) The Returning Officer shall, with the least possible delay, decide on the validity of an objection and inform the candidate concerned of his or her decision in accordance with section 46 or 47.”

According to subsection (5), a person aggrieved with the decision of the Returning Officer may appeal to the Commission:

“The decision of a Returning Officer on a nomination paper or any objection may be appealed against in writing presented to the Commission within two days of the decision, and the decision of the Commission on the appeal shall be final and shall not be called into question in any court of law.”

Regarding procedural matters subsection (6) states:

“Nothing contained in this Part with respect to limitation of time or otherwise shall affect a decision of the Commission whether to accept or reject a nomination paper.”

Finally section 49 states:

“(7) The Commission   shall communicate its decision   to the appropriate Returning Officer who shall act promptly on the decision.”

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