Elections Legislation Passed

By Mellica McPherson

Some legislators were concerned about a few of the amendments that were made to the Election (Amendment Act) 2006, and aired these reservations in the Legislative Council on Friday 12 January when the Bill was brought before the House for its second and third readings. Most of the disquieted representatives queried Clauses Four and Six of the Act.

Clause Four amends section 17 of the principal Act requiring the application for the transfer of voters’ registration from one electoral District to another to be verified before a Commissioner for Oaths or a Notary Public who is not a candidate in the upcoming election or a member of the Legislative Council. However, some Members of the Council felt that the term “who is not a member of the Legislative Council” carries a very unpleasant connotation.

The disagreeing members had some qualms about Clause Six, which amends section 23A of the Principal Act to provide Voter Registration Cards to store information by means of barcodes or other devices. That section of the Act was further amended to allow the Supervisor of Elections to issue duplicate Voters Registration Cards where the voter’s original Card had been lost, destroyed or defaced.” Nevertheless, the representatives worried that the use of the Voters Registration Cards (VRC) might prevent some BV Islanders and Belongers who do not reside permanently in the Territory from practicing their democratic right, because they might not be in a position to get their VRC when they are issued.

Leader of the Opposition, Hon. Ralph T. O’Neal told his fellow Council members that since Clause Five makes provision for the publishing of the preliminary Voters List, it should be ensured that the names and addresses of voters are spelt correctly. Hon. O’Neal stated that he does not think that the increase of the deposit payable by candidate from $300.00 to $500.00 will prevent anyone from running during the Election, because “in other countries in the West Indies the fee is much more”

On another note the seasoned politician announced that limiting  of the time that a candidate can spend in a polling station was a good move. He also mentioned that he would have preferred if the territorial votes were counted with those from the District. This, he disclosed would help to speed up the process. Before, Hon. O’Neal took his seat he asked: “When is an individual considered a candidate?” Then in answering his own question, Hon. O’Neal explained “my experience tells me that it is when you pay your fee and you notify the relevant people; but I have noticed that there has been a move afoot.”

NO LATER THAN SEPTEMBER

Third District Representative, Hon. Julian Frazer said that he does not know what the objective was for the deposit increase. He pointed out that he does not think that  an increase from$300.00 to $500.00 would deter anyone from running as a candidate. Hon. Frazer reminded that constitutionally elections must be held no later than September. He then delved right into the concerns that he had pertaining to the use of VRC. He urged his colleagues to “be explicit in the passage of this Bill, because we have BV Islanders and residents living in the USA and the UK, and they are not in a position to have their photos taken for their VRC, and we can’t have not even one of our people not being able to vote because they didn’t get the message and couldn’t be in a place to have their photos taken.”

First District Representative, Hon. Andrew Fahie told the Council members that he was very concerned about the Act being amended at “this very late stage.” He informed that he was all for the VRCs because he thinks that they are necessary. However, he would want to make sure that these VRCs do not cause some of the people of the BVI to miss out on their democratic right.

The First District Representative informed that he “was appalled that some clauses include the term “Member of the Legislative Council.” The incorporation of this phrase he said is “a step backward, and speaks more negatives than positives.” In addition to that Hon. Fahie mentioned that the phrase takes away certain privileges of Legislators.

According to Hon. Fahie the increase of the fee will allow those entering the elections race to really think about the process and to realize that representing the people is a serious thing.

Second District Representative, Hon. Alvin Christopher told the Legislative Council “if we go today and approve this Bill as it is and say that people must have VRC, we have to ensure that BV Islanders outside of the Territory are not deprived of voting.” Hon. Christopher said that he “cannot grasp the change in section 17:2 of the Act: “I cannot understand why members of the Legislative Council who were appointed to this House must surrender their right. The mention of the words “Member of the Legislative Council” doesn’t speak well for the institution or the people holding the title. I recommend that this Clause be looked at seriously. In the matter of raising the fee from $300.00 - $500.00 I agree; because if one believes he/she is fit to run for candidacy, then paying $500.00 will not be seen as an hindrance,” Hon. Christopher commented.

Attorney General, Hon. Cherno Jallow explained that Clause Six, Section 23A -IV of the Elections Amendment Act 2003 introduced the concept of VRC. He pointed out that the VRC is not designed to deprive anyone who is on the voters list from exercising their democratic right. The Attorney General disclosed that as far as the law stands the VRC has not been enforced, and that the implementation of the VRC was not meant to be a hindrance to anyone from exercising their right.

At the end of the debate the presenter of the Bill Chief Minister, Dr. the Hon. D. Orlando Smith said that he was happy that the Attorney General divulged that even if someone doesn’t have their VRC, they  will not be prohibited from voting.  The Bill was later passed with amendments.