Chutaro v Election Commissioner [1981] TTLawRp 7; 8 TTR 209 (9 October 1981)

8 TTR 209

CHUJI G. CHUTARO, Appellant

v.

ELECTION COMMISSIONER OF THE MARSHALL ISLANDS and ALEE ALIK, Appellees

Civil Appeal No. 347

Appellate Division of the High Court

Marshall Islands District

October 9, 1981

Appeal from holding of Trial Division that it did not have jurisdiction over an action to have an election declared null and void. The Trial Division of the High Court, Gianotti, Associate Justice, held that the courts have jurisdiction to hear such election matters, and since the illegal votes exceeded the margin of the winner of the election, and there was no way to distinguish the illegal from the legal votes, the case was remanded to the Trial Court with direction to enter a ruling holding the election invalid and ordering a new election.

1. Elections-Powers of Court

The courts have jurisdiction to hear matters arising out of disputes over election contests.

2. Elections-Irregularities-Remedies

When it is determined that illegal votes are cast in an election, the first effort that should be made is to purge the poll by proving which ballots are illegal and rejecting them.

3. Elections-Powers of Court

While the legislature should have power to decide how and when its members are elected, when the legislative power denies to the electorate their right to vote, the courts should be allowed to look into the cause of the denial in an effort to correct the problem.

4. Elections-Powers of Court

Holdings of Liberal Party v. Election Commissioner, 3 T.T.R. 293 (1967), and Basilius v. Election Commissioner, 5 T.T.R. 290 (1970), that election contests were beyond the control of the judicial power, are overruled.

5. Elections--Irregularities-Right to Contest

Fact that candidate did not have poll watchers at each polling place did not mean he waived his right to contest the election on the basis of illegal votes cast. (43 TTC §§ 406, 407)

6. Elections-Irregularities-Remedies

In an election where illegal votes were cast which were not distinguishable from the legal votes, remedy of a recount by the Election Commissioner was inadequate, since a recount would only verify the count, and solve no problem as far as the illegal votes were concerned.

7. Elections-Irregularities-Remedies

Where in an election where illegal votes exceeded the margin between the winner and second-place finisher, and there was no way to distinguish the illegal from the legal votes, the proper remedy was to hold the election invalid and order a new election to be held immediately.

8. Elections-Irregularities-Remedies