Sources close to parties that filed the complaints is said not to fully understand the decision since only part of the election has been annulled.
The RRR elected officials were in a meeting last night as they discuss the decision of the State Council. Efforts made to reach Alain Richardson whose complaint has been dismissed for the lack of sufficient information could not be reached for a comment
SMN News received an official copy of the decision which reads as follows: - for the purpose of clarity we have chosen to translate the most important parts of the three page document.
Former first Vice President Marthe Ogoundele Tessi the only winner in the process said she intends to make an official statement sometime next week. Ogoundele Tessi did not say if she plans to postulate in the upcoming election.
STATE COUNCIL DECISION RELATIVE TO THE ELECTION OF THE PRESIDENT OF THE TERRITORIAL COUNCIL OF SAINT-MARTIN (EXTRACTS).
Considering, 1° under n° 319983 the protest, registered on August 21, 2008 at the office of the secretary of the State Council disputed claims department, presented by Mrs. Marthe OGOUNDELE-TESSI, residing on Saint Martin Mrs. OGOUNDELE-TESSI requests the Council to annul the electoral operations which took place on August 7, 2008 for the election of the president of the territorial council of Saint-Martin and to order the organization of a new election;
Considering, 2° under n° 319984, the protest, registered on August 21, 2008 at the office of the secretary of the State Council disputed claims department, presented by Mr. Alain RICHARDSON, Mrs. Aline HANSON, Mrs Noreen BROOKS, Mr. Louis MUSSINGTON, and Mrs. Romona CONNOR, Mr. RICHARDSON and others request the State Council to annul the electoral operations which took place on August 7, 2008 for the election of the president of the territorial council of Saint-Martin and to order the organization of a new election;
Considering the other documents of the files;
Considering the electoral code;
Considering the general code of territorial Collectivities
Considering the code of administrative justice;
After hearing in public session:
- the report from Mr. Jean-Luc Matt, in charge of the functions of Master of Requests,
- the observations of the SCP Boutet, the lawyer of Mr. Frantz Gumbs,
- the pleas of Mrs. Julie Burguburu, public Rapporteur;
The floor being again given to the SCP Boutet, the lawyer of Mr Frantz Gumbs;
On the pleas intended to annul the election of the president of the territorial council.
Considering that the declarations of Mr. Fleming, previous to the election, reported by the local press, whereby he gave his support to the candidacy of Mr. Gumbs do not constitute a scheme likely to pervert the results of the election; that consequently these grounds must be dismissed;
Considering that the grounds stating the irregular nature of the composition of the board of the local assembly can only be dismissed;
Considering that the use of polling booths is not applicable to the election of the president of the territorial council; that, therefore, the absence of such a material is not in itself likely to invalidate the election;
Considering that it results from the investigation, and that it is not contested, that during the voting where Mr. Gumbs was proclaimed the elected president of the territorial council of Saint-Martin, ballots prepared in advance and bearing the name of Mr. Gumbs were used to express, under the eyes of the public and the other voters, the choice of the 15 territorial councillors who have used them, whereas blank sheets of paper had been handed out to the voters for them to write their choice thereon; that it was therefore possible to know precisely the candidate chosen by the voters who have used the pre-printed ballots; that, on the other hand, it was stated publicly the candidate chosen by the only absent territorial councillor who had given a proxy; that under these circumstances, taking into consideration the number of votes irregularly cast, higher than the number of votes received by Mr. Gumbs, and whatever the difference of votes with the other non elected candidate, the results of the election were thereby invalidated; that consequently the election of Mr. Gumbs in the capacity as president of the territorial council of Saint Martin must be annulled;
On the pleas intended to annul the election of the other members of the executive council.
Considering that the annulment of the election of the president of the territorial council does not bring about, as a consequence, the annulment of the other members of the executive council; that its annulment could only proceed from special irregularities deriving from their particular election ;
Considering that if Mr RICHARDSON and others request the annulment of the election of the other members of the executive council, they do not mention any other complaint relative to this election; that therefore the rest of the pleas of their protest must be dismissed;
On the pleas for the purpose of the court order.
Considering that the annulment of the election of the president of the territorial council of Saint-Martin necessarily implies, in application that new electoral operations must be organized in view of the election of the president of the territorial council of Saint-Martin and other members of the executive council; that therefore it is necessary to prescribe the first vice president of the executive council to implement this article and convene the territorial council within one month from the notification of the present decision, for the purpose of carrying out such operations;
DECIDES.
Article 1: The election of Mr. Gumbs in the capacity as president of the territorial council of Saint-Martin is annulled.
Article 2: The first vice president of the executive council is charged convene the territorial council in order to proceed with the election of the president of the territorial council and of the other members of the executive council within one month starting at the notification of the present decision?
Article 3: The rest of the pleas of protest by Mr RICHARDSON and others is dismissed.
Article 4: The pleas presented by Mr. Gumbs with reference to article L 761-1 of the code of administrative justice are dismissed.
Article 5: The present decision will be notified to Mrs. Marthe OGOUNDELE-TESSI, to Alain RICHARDSON, to Mr. Frantz Gumbs, to the territorial Collectivity of Saint-Martin and to the Minister the Interior, the overseas, and territorial Collectivities.