What remedies are available in the first instance?
Cook Islands
- Total recount of results
- Re-run the election
CookIslands Electoral Act 2004, Part 8 Disputed Elections, 94.
79. Recount on application by candidate - (1) Any candidatefor any constituency may, within three working days after the publicdeclaration made under section 78, apply to the Court for a recount of thevotes.
(2) Every application under subsection (1) shall be accompanied by a deposit of$500.
(3) The Court shall, as soon as practicable, cause a recount of the votes to bemade and shall give at least two days' public notice of the time and place atwhich the recount will be made.
(4) At the recount the Chief Electoral Officer shall produce to the Court allthe voting papers for that constituency used at that election.
(5) The recount shall be made by a Judge or three Justices of the Peace, or byan officer of the Court appointed by the Judge or Justices for the purpose, andthe recount shall, as far as practicable, be conducted in the manner providedin the case of the original count, and the provisions of section 77 with thenecessary modifications, shall apply.
(6) If on the recount the Court finds that the declaration was incorrect, orthere is an equality of votes the Court shall so advise the Chief ElectoralOfficer and supply him or her with the total number of votes received by eachcandidate as disclosed by the recount.
(7) On receipt of the advice of the Court pursuant to subsection (6) butsubject to section 81, the Chief Electoral Officer shall forthwith pursuant tosection 78 declare to be elected the candidate then found by the Court to havereceived the highest number of votes, and shall revoke any warrant previouslyissued by him or her.
(8) The Court may make such order as to the cost of and incidental to therecount as the Court deems just, and may direct the deposit made under thissection to be returned to the person who paid it and in whose name the receiptfor the payment was issued.
(9) Every determination or order made pursuant to this section shall, subjectto section 102(2), be final and conclusive and without appeal.
80. Recount on application by Returning Officer - (1) The provisions ofsection 79 shall, with all necessary modifications, apply to every applicationfor a recount lodged by the Returning Officer pursuant to subsection (2) ofsection 77.
(2) Every application lodged by the Returning Officer shall not be liable for paymentof any deposit.
81. Power of Court to order by-election - Where upon an application fora recount by the candidate or Returning Officer the Court is satisfied thatthere is an equality of votes it shall direct the Chief Electoral Officer towithin 2 months, conduct a by-election pursuant to the provisions of section105.
