By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Many people voted illegally in the Elizabeth by-election last Tuesday, according to Prime Minister Hubert Ingraham, who indicated yesterday that the Free National Movement would wage an all-out war to secure victory, and fully expects to win the looming Election Court challenge.
"...We were also surprised by a number of persons who voted who shouldn't have voted," said Ingraham during a press conference yesterday at the FNM headquarters on Mackey Street.
"We didn't have sufficient information on that day (by-election day) to challenge them. We challenged many of them, however; and should the matter go to the Election Court, we believe that there are large numbers of persons whose votes would be liable to be declared void."
The Progressive Liberal Party (PLP) is preparing to mount an Election Court challenge after a two-day recount ended with its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
Pinder also got five protest votes that could still impact the outcome of the election.
Protest votes are those votes that were cast on a colored ballot paper because the presiding officer was not satisfied as to the identity of the voter or as to his entitlement to vote because of a defect in the voter's card; an incorrect entry in the register; or the voter had a voter's card but his name did not appear in the register for the constituency or the particular polling division.
Although the person is still allowed to vote, it is not counted, but if the protest votes could materially affect the outcome of an election, a court may make a final determination.
PLP trustee and attorney Valentine Grimes pointed out last week that if the protest votes are added to Pinder's tally after the election challenge, Pinder would have a total of 1,504 votes as compared to Sands' 1,501 votes, and therefore would be declared the winner.
However, Ingraham said the FNM is not worried about those protest votes.
He also claimed that corruption and voter fraud were high in the Elizabeth constituency.
"I wouldn't dare burden my supporters with what I know," he said.
Ingraham hinted that the FNM has developed a three-pronged plan to ensure that it secures a victory.
"The FNM expects to win what the PLP is taking to court so we don't need to consider any further steps. We challenged those five voters. In the case of four of them, we have very good evidence that they had no entitlement whatsoever to vote," said Ingraham, who is also the leader of the FNM.
He later added, "The PLP can't go to court and succeed unless those five persons also show up to court. They have to come themselves and we call upon them to come and take that Bible in their hand and swear an oath [indicating] their qualifications to vote in Elizabeth, then be cross-examined by the FNM team of lawyers."
Ingraham added that each of the five candidates in the election would also have the option to question each one of the protested voters and cross-examine them.
"At the end of the day, the court will make a decision. If these persons turn out to be persons that committed perjury or who lied, then there are laws to deal with that," he warned.
"So each of these persons will have to make their own decision on what they want to do. Let go, let be or expose yourself to the other place," said Ingraham, making a clear reference to Her Majesty's Prison.
"In the other place, you go there by yourself, no one goes with you. It's a very lonely place to be."
In addition to protesting five of the votes, the FNM also challenged a number of votes for various reasons. The votes of people who were challenged were counted in the final tally. The PLP also challenged a number of votes.
Asked yesterday how many votes the FNM challenged, Ingraham said that would be revealed in "phase three" of the Election Court challenge.
"Quite a few people were challenged — many people voted who do not live in Elizabeth. We never believed that there were [nearly] 5,000 people eligible to vote in Elizabeth," Ingraham said.
"The register said 4,943. We never believed that. In the last election [nearly 4,000] persons voted. We don't believe that the constituency has many more than that today."
He said the FNM found numerous empty apartments where no one lives.
Given that, Ingraham said voter turnout was probably around 75 percent.
Throughout the news conference, Sands was referred to as the member of Parliament-elect for the Elizabeth constituency. He also referred to himself that way.
"The results from the February 16th poll declared Dr. Duane Sands of the FNM the winner of the poll and hence the Elizabeth constituency MP-elect," said Ingraham.
"We are confident that once that process (if it is in fact undertaken) is completed that Dr. Duane Sands will once again be declared the winner of the February 16th poll. We will ensure that the intentions of the majority of those eligible to vote in the Elizabeth by-election are honored and upheld."
Ingraham added that the people of Elizabeth are entitled to and deserve full representation in the House of Assembly.
Unnecessary delays in the certification processes fail to honor both the spirit and the rules of our democratic traditions. The voice of Elizabeth must and will be fully heard in Parliament as soon as possible.
"In short, it is only a matter of time before Dr. Sands is certified as the member of Parliament for Elizabeth," Ingraham said. "He and the FNM won the election fair and square."
Sands, who briefly addressed supporters, said he is proud to be the member-elect for Elizabeth.
He thanked his supporters yesterday, and pledged to serve all the people in the constituency with the same passion that he brought to the campaign.
Sands said after the election results are certified, he would look forward for other opportunities to thank the people of Elizabeth.
Ingraham urged all FNM supporters to remain patient and calm. He told them to conduct themselves with dignity and good cheer as the rule of law is followed.
"Do not be provoked," he cautioned, adding that the FNM will remain focused throughout the next stages of this process.
"Finally, I urge all of those in political office and those engaged in party politics to refrain from any actions or irresponsible and intemperate language which may inflame passions," said the FNM leader.
"Our democracy has the procedures, rules and laws necessary to properly adjudicate the electoral matter at hand."
Februray 22, 2010
thenassauguardian
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