Courts Prepared for Election Recounts, Says Senior Judge

 Jamaica’s courts say they are fully prepared to manage potential election disputes and magisterial recounts following the September 3 general election. Senior Puisne Judge Justice Lorna Shelly-Williams confirmed that judges have refreshed their knowledge of election law and procedures to ensure readiness for any challenges.

On Election Day, Jamaicans will choose representatives from 189 candidates contesting 63 parliamentary seats. Both major parties, the Jamaica Labour Party (JLP) and the People’s National Party (PNP), are fielding candidates, while the Jamaica Progressive Party, United Independents’ Congress, and independent candidates are also contesting.

Justice Shelly-Williams, alongside Justices Sandria Wong-Small and Opal Smith, said parish court judges gathered for a seminar this week to review procedures surrounding magisterial recounts. She emphasized that both parish and Supreme Court judges are on alert for recounts, judicial reviews, or election petitions.

A magisterial recount may be requested within four days of an election result being declared. Justice Wong-Small explained that applications must be supported by an affidavit and submitted to a parish court judge within the required timeframe. Once accepted, judges issue notices and summon election officials, candidates, and attorneys to oversee the recount process.

During recounts, ballot boxes are secured under 24-hour protection from the Jamaica Defence Force and the Jamaica Constabulary Force. The process, conducted in court, involves verifying voters’ lists, reviewing ballot papers, and ensuring each vote is properly counted. Judges are tasked with making final decisions on disputed ballots.

Justice Smith noted that challenges often arise when ballots are marked incorrectly or contain unusual symbols instead of the required “X.” She encouraged voters to adhere to the official marking method to avoid rejection of their ballot. “A cross is a cross, stick to one cross and move on,” she advised.

Quotes
Justice Shelly-Williams stated:

“Before the first person has cast a vote we are prepared to deal with all issues related to elections, whether at the Parish Court level or the Supreme Court.”

Justice Wong-Small added:

“The application for a magisterial recount is usually made within four days of the declaration of the results of the poll… if not, it won’t be allowed thereafter.”

Our Opinion
The judiciary’s proactive approach underscores the importance of maintaining transparency and fairness in Jamaica’s electoral process. By ensuring that judges are well-trained and prepared for recounts, the courts help preserve public confidence in democratic outcomes. Voters are also reminded of their role in this process — casting ballots clearly and in accordance with the law.