EBC: Registration procedures are above board

THE Elections and Boundaries Commission (EBC) told Newsday in a statement over the weekend that its procedures to register candidates on nomination day for the August 14 local government elections were above board.

The commission's statement was in response to concerns of the Progressive Empowerment Party (PEP) and Reunited Farmers Alliance (RFA) coalition, plus the National Transformation Alliance (NTA.)

The EBC statement said its processes were based on the law publicly advertised and clearly communicated to its presiding officers. When problems arose, the EBC tried to resolve them as soon as possible.

The EBC said as the process could be subject to future litigation, documents had to be grammatically correct and properly filled out.

PEP leader Phillip Edward Alexander and RFA head Davica Thomas last Friday gave reporters an attorney's letter which was sent to the EBC complaining that two RFA candidates – Rosa-Marie Ramkissoon (for Couva East/Balmain) and Tranel Ghany (for Caratal/Tortuga) – were not permitted to file nominations because they did not give the respective returning officer an EBC document saying the commission had approved the RFA's party symbol.

The letter said the two would file election petitions.

"The obligation was on the Chief Election Officer to provide the returning officer with the parties and the symbols so assigned. There was no obligation on the candidates to provide the symbols," the lawyer's letter said.

Thomas said, "In some areas the presiding officers accepted our nominations because the presiding officers were in possession of our party symbol."

However, she later told Newsday that 60 RFA nominees had dropped out of the process because of this obstacle and other requirements of EBC presiding officers, which the candidates considered a runaround.

Alexander alleged the whole situation was "a gross injustice."

He said the EBC in Arima had sent a PEP candidate for a stamp at a JP's office and when he returned to the EBC office just two minutes late, he could not register. He said this very same EBC had extended voting time by an hour in a general election.

"Why is there only one day for nomination day? Have a nomination week, to register 1,000 candidates," Alexander said.

He complained about the cost of candidates' deposits at $2,000 for a local and $5,000 for a general election. He said this was an artificial bar to people standing as candidates if they lack big financiers, unlike the main parties.

He lamented the high cost of running candidates in all 141 local government seats, at over $250,000.

"What is the message? That democracy is only for the rich? The entire system needs an overhaul."

He said the PNM and UNC have both held government but failed to right these wrongs.

Alexander asked voters to send a message of discontent by either voting PEP or, if no PEP candidate was available, by spoiling their ballot papers.

"We are taking the EBC to court, but we'll have an election before this sees the light of day." He said ideally, courts should be able to issue injunctions to block the election. He said ahead of nomination day, the PEP had over-engineered itself, yet still candidates faced frustration.

Ramkissoon, who lives in Rio Claro, told Newsday of struggling to register to contest Couva East/Balmain, which ultimately proved fruitless.

She said many people had dropped out as NFA candidates after feeling frustrated by the process.

National Transformation Alliance (NTA) leader Gary Griffith, in a recent statement, complained that the nomination day process was "nothing short of cumbersome and burdensome and only served to frustrate the candidates and deter them from participating in our democracy.

"One of our candidates was initially rejected and had to return just before cut-off time because the justice of the peace put two letters just over the line, when he signed the date," Griffith claimed.

"Another had to return because they forgot to put the 'A' in Beetham. Another one had to return because of a hyphen in her name.

"This could never be how a properly functioning democracy works, and as we said above it only serves those who favour less democracy."

Newsday put these questions to the EBC, which replied in a WhatsApp message on Saturday.

Newsday asked if, given the RFA's allegation of some returning officers asking nominees for proof the EBC had accepted their party logo,  the EBC should issue standard procedures for returning officers.

The EBC replied, "Each returning officer is given a 'Manual of Instructions for Returning Officers and Election Clerks.' The contents of this manual are taken from the Representation of the People Act, Chap. 2:01."

Nominees must prove their party logo was approved by presenting the EBC e-mail to the party confirming gazetting. The EBC was asked if returning officers could get that info from its headquarters. The EBC replied that all returning officers were provided with a listing of the political parties and the symbols assigned to them.

"Returning officers are required to consult with the Chief Election Officer should a prospective candidate express the view that his/her party’s political symbol is not accurately reproduced on that listing.

"In the instance where a returning officer or candidate is not able to quickly identify the party’s symbol, such situations are reviewed and treated with by the EBC expeditiously.

"The instances being referenced by the Re-United Farmers Alliance did not occur on nomination day and in fact happened on the weekend prior and were dealt with quickly by the department," the EBC said.

Newsday asked if local government elections have a dry run for nomination day, and if nomination day should be longer than just one day.

The EBC said Election Rule 6 of the Representation of the People Act says on the seventh day before nomination day, the returning officer shall attend, at the place fixed for the nomination of candidates, from 9 am-12 noon, to receive for scrutiny from any candidate or his agent the documents which are required.

"This is referred to as the Pre-examination of Nomination Papers and takes place in every election. This notice was advertised in the newspapers on June 16, 19 and 20 and published as well, on the EBC’s website.

"Political parties and independent candidates are encouraged to use this pre-examination wisely."

The EBC said for the entire week leading up to nomination day, prospective candidates visited returning officers seeking guidance to ensure all was in order for nomination day.

"Returning officers are therefore mandated to assist prospective candidates towards their successful filing of nomination papers on nomination day.

"It has been the experience of the department (the EBC) that prospective candidates who availed themselves of this opportunity are usually validly nominated."

Newsday asked if returning officers were too fussy and officious, as some frustrated nominees were dropping out of the election.

The EBC said it has a mandate to conduct elections "in accordance with the law and administered to all, equally. Its actions and operations must be transparent, accountable and be able to withstand public scrutiny."

The EBC said, "In relation to nomination day, the returning officers seek to ensure that the information provided by the candidates is not only legally correct, but in instances where necessary, grammatically correct, especially as these nomination papers are prescribed forms (legal documents) that may become the basis of future litigation for any election."