First instance body dealing with electoral disputes
Montserrat
ELECTIONS ACT (1952-01-30)(Revised Edition, as at 1 January 2008)
PART III ARRANGEMENTSFOR ELECTIONS
Notice of place and time of nomination
21. (1) On receiving such writ, the returning officer shall publish in the Gazetteand in one or more newspapers published in Montserrat a notice in the formset out as Form No. 8 or Form No. 8A as the case may be in the Second Scheduleof the day and place fixed for the nomination of candidates.
(2) Such notice shall be published at least seven clear days before the dayfixed for such nomination and the returning officer shall give further noticeof the issue of such writ and of the time and place fixed for the nomination ofcandidates by causing notices in the said Form No. 8 or Form No. 8A as the casemay be to be posted on the outer doors of any Court House, police station, church,chapel, schoolhouse or other building as he may deem necessary.
(3) Nomination papers shall be provided by the returning officer and shallbe in the form set out as Form No. 9 in the Second Schedule. (Amended by Act2 of 2000)
Nomination of candidates
(4) On the day and at the place so fixed for the nomination of candidatesthe returning officer shall attend between the hours of 10 a.m. and 1 p.m. andbetween the hours of 2 p.m. and 4 p.m. and receive the nomination of any dulyqualified candidate for the seat to be filled.
(5) (a) Each candidate for election shall be nominated on a nomination paper byat least two registered voters, and his consent to nomination shall be given inwriting on his nomination paper and attested by one witness:
Provided thatno candidate shall be deemed not to have been validly nominated by reason onlyof the fact that subsequent to nomination day any person by whom his nominationpaper was signed is struck off the preliminary list of voters or the Registerof Voters, or has died.
(b) No person shall propose, second or assent to the nomination of more thanone candidate on the same nomination day.
(c) Only the candidates, their election agents, and the persons by whom thecandidates’ nomination papers are signed shall have the right to be present atthe nomination proceedings before the returning officer.
(d) Any person entitled to be present at nominationproceedings may challenge the validity of any other candidate’s nominationpaper. In addition thereto the returning officer shall have the right on hisown motion to hold a nomination paper invalid on the ground either that theparticulars concerning the candidate or the persons subscribing to the nominationare not as required by law, or that the nomination paper is not subscribed asrequired by law.
