The local motivational speaker pulled out of the race on Friday, citing personal reasons.
The Royal Court – presided by the Bailiff Sir Timothy Le Cocq, sitting with Jurats Pam Pitman and David Le Heuzé – were asked to consider the implications of his withdrawal on Friday.
They heard that 84 postal vote forms had already been returned to the Judicial Greffe, noting that it was possible some of those votes may be for Mr Baker.
The Attorney General pointed out that individuals had a human right to vote in a secret ballot.
“The position is that were the envelopes for the postal votes to be opened, either prior to polling day or indeed on the morning of polling day they will identify not only what votes have been cast for the Constables but also what votes have been cast for the Deputies,” the Royal Court observed in a judgment posted later that day.
“There are enormous practical difficulties if not impossibility, in ensuring that the confidentiality of those ballot papers will remain intact.”
They therefore concluded that votes for Mark Baker should be treated as invalid. They also confirmed that there is no mechanism for those votes to be changed.
The Court further ordered that further ballot papers issue omit Mr Baker’s name; that he is removed from online candidate lists; that signage is made available in polling stations in St. Mary to ensure electors are aware of his withdrawal and that any votes for him will be deemed invalid; and that those on the St. Mary postal vote list are contacted to inform them of Mr Baker’s withdrawal.
The remaining candidates for Constable in St. Mary are Deputy David Johnson and Mike Fennell.