Ballots cast in election to be recounted
BBCThe high court in the Isle of Man is set to order a full recount of the ballots for one constituency in the recent House of Keys general election.
It follows a petition to the court by former Onchan MHK Julie Edge, who lost her seat in September's contest, after figures showed 79 ballots were unaccounted for.
The petition calls for the court to declare the election void, which would lead to a new election being held.
At a hearing at Douglas Courthouse, First Deemster Andrew Corlett called the situation "very unprecedented" pointing out the court had not dealt with an election petition before, and the recount would take place first with the rest of the petition dealt with afterwards.
In her petition, Edge said while it would not have changed the candidates elected, the "fact that ballot papers verified at the count are not accounted for calls the integrity of the count into question".
During the hearing, Attorney General Walter Wannenburgh stressed that it was an application "that does not rely on in any way a suggestion of corrupt or illegal practices".
Representing deputy returning officer for the count, advocate Jeremy Callin, Kathryn Clough said a recount would be a "sensible way" dealing with issues with some of the figures.
As well as the unaccounted ballot papers, the petition alleges the Notice of Result misstates the number of voters whose papers were not rejected.
In addition, reasons for the rejection of ballot papers do not match, a ballot count for a polling station was altered without date or recorded explanation, and candidates were not given reasonable opportunity to ask for a recount before the result was declared.
It also alleges postal ballots were opened without Edge or her agents present.
It argues that taken together "the election was not so conducted as to be substantially in accordance with the law".
The deemster said the recount would take place in a courtroom at the Isle of Man Courts of Justice in Douglas, but would most likely have to be done outside of normal working hours as the courts were "exceptionally busy" during the day.
The count will be carried out by Callin and his team and Edge and the other candidates who stood in the election will be allowed to observe along with members of the media, with the process overseen by chief registrar Stuart Clague.
A final order outlining the details governing the recount will now be agreed by both parties and the deemster before it takes place.
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