By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Forty-one hours after the recount of the three thousand plus ballots cast in the Elizabeth by-election got underway, the candidates in the hotly-contested race emerged with no clear winner being certified although the Free National Movement's Dr. Duane Sands was up by two votes.
The recount ended at 1 a.m. today.
Progressive Liberal Party officials indicated that they will invoke their entitlement under Section 69 of the Parliamentary Elections Act.
That provision provides for the Election Court to decide on protest votes if one candidate does not secure a margin of victory that exceeds his opponent's number of protest votes.
Sands' two vote margin is less than the five protest votes of PLP candidate Ryan Pinder. If the court approves Pinder's protest votes as regular votes, he could win the election.
The law states that in the event of any candidate wishing to avail himself of this provision, either he or his election agent shall notify the returning officer in writing immediately following the re-count, and in such case no such declaration of a winner shall be made.
The law requires that such an application be made within 10 days of the re-count.
"The procedure and practice of the Election Court on the hearing of such applications shall be regulated by rules which shall be made by the Rules Committee under section 75 of the Supreme Court Act, such rules making due provision for the preservation of the secrecy of the name or names of the candidate or candidates for whom each such protest ballot was cast; and at the hearing of any application all candidates for the relevant constituency shall be entitled to appear personally or by counsel, to call, examine or cross-examine any witnesses; and generally to be heard by the Election Court," the act states.
The law requires that the Election Court make a determination on the protest votes. In the event that the Court approves any such votes as legally cast, the protest votes shall be deemed to be regular votes and taken into account and added to the regular votes cast in favor of each candidate, and the returning officer shall declare the final result of the poll.
This morning's results were anti-climactic for hundreds of PLP and FNM supporters who waited off and on since before 8 a.m. Wednesday for the recount to end.
Except for a break between 9 a.m. and 2 p.m. yesterday, the counting was non-stop for the 12 polling divisions.
Since early yesterday morning, Progressive Liberal Party leader Perry Christie, who was present nonstop throughout the recount, told The Nassau Guardian that it appeared likely the matter will end up in Election Court.
"We know that after the ballots are counted we have five protest votes, which means really that if Dr. Sands does not have a majority of over four or five votes the protest votes must be and will be counted," Christie said early yesterday.
"If my candidate loses by fewer votes than five, and we then indicate our preparedness to go to the Election Court to have the protest ballots examined, yes, it would automatically go to the Election Court for that adjudication because when you add the protest votes [that our candidate got] it would give him the majority. So it would be a question of whether those votes will in fact be agreed to by the courts, so I think we are headed really as it looks now, to the Election Court."
Christie, who has been in politics for more than 30 years, said he has never seen anything like what played out before, during and after Tuesday's by-election.
"I've said publicly already that there has been an extraordinary amount of intimidation, perceived or otherwise. People felt it and I spoke publicly to it," he said. "There have been...inducements to get people to vote and there are people who have been given jobs and infrastructure improvements and we decried that. But on top of that the voting process itself was really much to be desired. And look how long we've been trying to arrive at a determination where people are very, very tired, and so we have to examine this with a view to trying to improve it.
"And I think, quite frankly, that this is time for the political parties — most certainly Hubert Ingraham and Perry Christie who've been in elected politics for 32 consecutive years — we have an obligation before we demit office to try to improve the electoral rules in our country so that we can avoid the kinds of problems we now face and we've seen enough signs to know that our system is headed toward being very corrupt and that in itself should be a tremendous warning to us that it is something that we should not accept and we should do something about."
Since 8 a.m. Wednesday, Sands had either been tied with Pinder in the race or up by one, two or three votes in what shaped up to be an extremely grueling and tedious exercise.
When the counting ended at 1 a.m., the unofficial results for polling division 12 remained unchanged. Pinder had 123 votes and Sands had 108.
Both the PLP and FNM had lawyers on hand during the recount, arguing over the last two days.
Sands has no protest votes. But the Bahamas Democratic Movement's Cassius Stuart has one.
February 19, 2010
thenassauguardian
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
