What remedies are available in the first instance?

Cook Islands

Cook Islands

Answer
Declare the candidate or party ineligible or eligible
Source

Cook Islands Electoral Act 2004, PART 4
NOMINATIONS

34. Acceptanceor rejection of nomination - (1) TheReturning Officer shall reject the nomination of a candidate if -

(a) thenomination paper is not signed in accordance with section 31 or is not lodgedwith the Returning Officer before noon on nomination day; or

(b) theReturning Officer has reasonable grounds to suspect that consent has been givenby any candidate who is not registered as an elector for any constituency; or

(c) thecandidate's deposit is not paid as required by section 33.


(2) If any dispute arises as to whether a candidate is or is not registered asan elector of any constituency that question shall be decided after due inquiryinto the facts of the case by the Court.

(3) In every other case the Returning Officer shall accept the nomination.

(4) The decision of the Court on any inquiry to which this section appliesshall, subject to section 102(2), be final and conclusive and without appeal.

http://www.paclii.org/ck/legis/num_act/ea2004103/

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