Who may file a complaint?

Trinidad and Tobago

Trinidad and Tobago

Answer
Eligible Voter
Source

The Constitution of the Republic of Trinidad andTobago (Published 1976-03-29, last amended 2007-06-12), http://www.ag.gov.tt/Portals/0/Documents/TT%20Constitution.pdf

Subsequent amendments (do not change the relevantsections): http://www.ttparliament.org/legislations/a2006-06.pdf; http://www.ttparliament.org/legislations/a2007-12.pdf

 

 

DETERMINATION OF QUESTIONS AS TO ELECTION

32.- […]

2. The Court of Appeal shall have exclusive jurisdictionto hear and determine any question as to the validity of an election of aPresident in so far as that question depends upon the qualification of anyperson for election or the interpretation of this Chapter, and the decision ofthat Court under this subsection shall be final.

3. Parliament may make provisions with respect to thepersons by whom, the manner in which and the conditions upon which theproceedings under subsection (2) may be instituted in the Court of Appeal andsubject to any provisions so made, provisions may be made with respect to thesematters by rules of court. Untilsuch provisions or rules are made the procedure for moving the Court of Appealshall be by way of a representation petition.

 

Representation of the People Act Chapter 2:01(published 1967-12-21, last amended 2000-09-12), http://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs2/2.01.pdf

 

107. (1) A representation petition may be presented byany one or more of the following persons:

(a) in respect of an appointment to the Senate, by anyperson who on the date of the appointment of the person to whom the petitionrelates, was entitled to vote as an elector at a Parliamentary election;

(b) in respect of an election or return to the Houseof Representatives or to a Municipal Council or to the Tobago House ofAssembly, by—

(i) a person who had a right to vote at the election;or

(ii) a person validly nominated as a candidate at theelection.

[…]

Comment

According to the Constitution, the procedurefor complaints regarding the validity of presidential election is the same asthe procedure for complaints regarding parliamentary election unless otherprovisions are made (and none could be found). This leads to the conclusionthat eligible voters can file complaints. Whether or not validly nominatedpresidential candidates can though remains unclear.

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