What remedies are available in the first instance?
Antigua and Barbuda
- Annulment of results / Cancellation of elections
- Re-run the election
Representation ofthe People Act (CAP. 379) and its subsequent amendments
Section 50:
“(5) If the petitionrelates to an election conducted under the Election Rules and it appears thatthere is an equality of votes between anv candidates at the election. and thatthe addition of a vote would entitle any of those candidates to be declaredelected, then the court shall forthwith make an order for the holding of a new election whichelection shall be held in accordance, mutatis mutandis, with the provisions ofthe Election Rules relating to an election in which the death of a candidatehas occurred after nomination and before the poll is held.”
Section 52:
“(1) At theconclusion of the trial of an election petition, the election court shalldetermine whether the member whose election or return is complained of, or anyand what other person, was duly returnedor elected or whether the election was void or whether there was an equality ofvotes at that election, and shall forthwith certify in writing thedetermination to the Speaker, and the determination so certified shall be finalto all intents and purposes.”
