THE ELECTION PETITION

Hokitika Guardian, 5 December 1925, Page 2

THE ELECTION PETITION

PARTICULARS OF THE OBJECTIONS. The petition to the Election Court under the Legislature Act against the result of the 'Westland Election sets forth: 1. Your Petitioner James O’Brien is a person who claims to have had a right to he returned at the above election. 2. And your Petitioner states that the election was hidden on the Fourth day of November, One Thousand Nine Hundred and Twenty-five, when James O'Brien and Thomas Edward Youd Seddon wore candidates, and the Returning Officer has returned Thomas Edward Youd Seddon as being duly elected. 3. And votir Petitioner says that a large number of persons voted at the said election for the said Thomas Eduard Youd Seddon, whose votes should be disallowed on one of the following grounds: E—That the names of some of persons were illegally registered or illegally retained on the Electoral Roll For the Electoral District of Westland. (a) Notwithstanding that the persons whose names were so enrolled had taken up their residence outside the Electoral District of Westland and had resided thereout for more than three months immediately preceding tho date of the election, (h) Notwithstanding that the persons whose names were so enrolled had become enrolled in other districts, (c) Notwithstanding that the persons whose names were -0 enrolled were qualified to become registered in other districts, (d) Notwithstanding that the persons whose ■lames were so enrolled were dead. 2.—That the names of a number of persolns wore illegally registered or illegally retained upon the said Electoral Roll, (a) Inasmuch as they had not resided for one year in New Zealand. (li) Inasmuch a.s they had not resided in the Electoral District of Westland for not less than three months immediately preceding tho date of their applications for registration as electors thereof. (e) Inasmuch i> they were infants at the time of i hoir enrolment. That a number of votes validly recorded outside the Electoral Districtif Westland in accordance with Section 13 of “The Legislature Amendment Act. 1924” were not allowed by the Returning Officer and were not taken into account at the said election. 6.—That some voters received their ballot papers and recorded their votes outside the polling booths and not within the same. 6. --That a number of voters entitled to vote at tlie said election were not allowed to vote and wore refused ballot papers. 7. —That a number of valid votes received for your petitioner were declared and counted a.s informal, by tho Returning Officer. 8. —That- a mimlier of declarations by voters validly made under the provisions of “The Legislature Act, 1908” and its amendments were disallowed lithe Returning Officer and the votes of such electors were not allowed by the Returning Officer. y _ 9. —That a number of ballot papers on which voters marked their votes were marked or written on so that the identity of the voters could bo ascertained and such votes wore allowed. 10. — That voters entitled to vote only once recorded their votes at two or more booths in the electorate. 11. —That a number of ballot papers and/or declarations issued and made in accordance with Section 13 of “The Legislature Amendment. Act, 1924," had not come into the bands of the Returning Officer at the time when or before the declaration of the poll was made. 12. —That a it umber of votes allowed to the said Thomas Edward Youd Seddon which should have been declared informal. 13. —That the secrecy of the ballot was not maintained. 1 I.—That votes were allowed to the said Thomas Edward Youd .Seddon by the Returning Officer which were not recorded in accordance with Section 13 of “ The Legislature Amendment Act, 1924."

16.—That ballot papers used at the election and on which votes had been recorded wore held at the polling booths by Deputy-Returning Officers for an unnecessarily lengthy period before being transmitted to the Returning Officer. Wherefore vour Petitioner prays that it may he determined that your Petitioner. James O’Brien, was duly elected and ought to have been returned, or in the alternative that the said election be declared void. Dated this 2nd day of December, 1926. JAMES O’BRIEN, Signature of Petitioner. This petition is filed by William Joseph Joyce, Solicitor for Petitioner, whose address for service is at his office, situate at Albert Street, Greymouth. and at the office of Messrs Lewis and Wells, Solicitors, Hamilton Street. Hokitika.