Recount can be used to declare winner

Guyana’s Acting Chief Justice Roxanne George-Wiltshire. -
Guyana’s Acting Chief Justice Roxanne George-Wiltshire. -

GUYANA’S acting Chief Justice Roxanne George on Monday ruled that the results of the national vote recount of the March 2 regional and general elections were valid and must be used to declare the elections’ winner.

She said the recounted results should be challenged by an elections petition and held that the Chief Elections Officer “cannot be a lone ranger” and “act on his own.”

George was delivering her ruling on whether or not the Guyana Elections Commission (Gecom) would be allowed to use the recounted, valid and certified results to declare the official outcome of the disputed elections.

In the application, private citizen Misenga Jones asked for a number of reliefs including asking the High Court to compel Gecom to use the ten district declarations in announcing the winner of the elections.

George said the ten district declarations “cannot be resurfaced.” She said unless overturned in an election petition, the only data that can be used to declare a winner would be the recount results. She also said out of an avoidance of doubt, the CEO was subject to the direction and control of the commission, cannot act on his own and must be guided by Gecom.

George also held that the CEO did not have a constitutional mandate but was a functionary of Gecom. George also held that she had the power to hear and determine if Gecom’s chair and the CEO were acting lawfully, also ruling that the Caribbean Court of Justice, which nullified the CEO’s report, had endorsed the national vote recount.

On July 9, the chief election officer’s report, which slashed over 115,000 votes, was invalidated by the CCJ, which also held that it was now up to Gecom to secure a report from the CEO based on the recount of votes.

CEO Keith Lowenfield on June 23 submitted what he said was a report of the “valid and credible votes” at the March 2 polls to GECOM, showing a victory for the incumbent APNU+AFC.

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