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65.   Final counting of votes

Revised Laws of Saint Lucia (2021)

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65.   Final counting of votes

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    (1)   At or about 8:30 a.m. on the morning of the final count the returning officer in the presence of not more than one agent of each candidate present and so desiring shall collect and convey the ballot boxes from the police station where they were deposited, to the place specified in the Notice referred to in section 42(2).

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    (2)   The ballot boxes shall be opened by the returning officer at the place, date and time specified in the notice referred to in section 42(2) for the final count of votes, and in the presence of such candidates or their agents as are present by the returning officer, or, where the same person is returning officer for more than one electoral district, by him or her or the election clerk for the electoral district concerned, and the returning officer or such election clerk, as the case may be shall—

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      (a)     count the votes contained therein cast for each candidate (allowing the candidates and their agents to see such votes) and determine whether any of the votes so cast should be rejected;

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      (b)     count the votes rejected by the presiding officer (allowing the candidates and their agents to see such votes) and determine whether any of such votes should be regarded as having been validly cast for any, and if so for which candidate;

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      (c)     add up the total number of votes (including any votes rejected by the presiding officer but which he or she thinks should not have been so rejected) cast for each candidate;

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      (d)     make and sign any necessary amendments to the statement of the poll.

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    (3)   The provisions of section 63(2) shall apply to the returning officer or election clerk as the case may be as they apply to the presiding officer except that section 63(2)(a) shall take effect as if there were substituted for the word “him or her” the words “the presiding officer”.

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    (4)   The provisions of section 63(6) shall apply to the returning officer or election clerk as the case may be as they apply to the presiding officer except that for references in the subsection to the presiding officer there shall be substituted references to the returning officer or election clerk as the case may be and that the words “the final count by the returning officer or on” shall be deemed to be omitted from the subsection.

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    (5)   The provisions of section 63(7) shall apply to the returning officer or election clerk as the case may be as they apply to the presiding officer except—

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      (a)     that the words “returning officer” shall be deemed to be substituted for the words “presiding officer”; and

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      (b)     that the documents referred to in that subsection shall be replaced in the envelopes from which they were removed by the returning officer and such envelopes shall be fastened by a sheet of paper being pasted over the opening thereof.

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    (6)   If at the final count of the votes none of the candidates or their agents are present, it shall be the duty of the returning officer or election clerk to secure the presence of at least 2 electors who shall remain in attendance until such final count of the votes has been completed.

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    (7)   The candidate who, on such final count of the votes, is found to have the largest number of votes, shall then be declared elected in writing and a copy of such declaration shall be delivered to each candidate or his or her agent, if present at the final count of the votes, or, if any candidate is neither present nor represented thereat, shall be transmitted to such candidate by registered post.

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    (8)   Unless requested, a recount shall be taken only when the difference between the number of votes cast for 2 or more candidates is not more than 3% of the total votes cast. (Substituted by Act 13 of 2016)

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