First instance body dealing with electoral disputes

THE REPRESENTATION OF THEPEOPLE ACT (1944-11-20)

PART V 47 Recount by ResidentMagistrate

(1) If within four days after the day on whichthe returning officer has declared a candidate elected it is made to appear, on theaffidavit of a credible witness, to the Resident Magistrate hereafterdescribed, that a returning officer in counting the votes has improperlycounted or improperly rejected any ballot papers or has made an incorrect additionof the number of ballots cast for any candidate, and if the applicantdeposits within the said period with the clerk of the Court of such ResidentMagistrate the sum of forty dollars as security for the costs of the candidatedeclared elected, the ResidentMagistrate shall appoint a time within four days after the receipt ofthe affidavit to recount the said votes.

(2) TheResident Magistrate to whom applications under this section may be made shall bethe Resident Magistrate for the parish in which is situated the place whereatthe declaration of the election was made.

(3) Ifapplications for a recount of the votes in two or more constituencies are madeunder this section to the same Resident Magistrate, such Resident Magistrateshall first proceed with the recount in the constituency in respect of whichthe first application is made to him, and successively with the recounts in theconstituency or constituencies in respect of which applications were latermade, and all such recounts shall proceed continuously from day to day untilthe last of them has been completed.

ElectoralCommission of Jamaica,