Showing posts with label Parliamentary Elections Act Bahamas. Show all posts
Showing posts with label Parliamentary Elections Act Bahamas. Show all posts

Monday, April 19, 2010

Privy Council could hear review of [Elizabeth by-election] Election Court decision

Privy Council could hear review of Election Court decision
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:


The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.

The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.

"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.

"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.

Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.

The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.

But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.

"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.

"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."

Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.

"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."

In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.

An official from the Office of the Attorney General told The Guardian that the review would be done in short order.

The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.

"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."

He stressed that a judicial review is not the same as an appeal.

"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."


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Wednesday, March 24, 2010

Dr. Duane Sands looks ahead to 2012 Elizabeth race

By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:



While expressing disappointment in the Election Court result, defeated Free National Movement Elizabeth candidate Dr. Duane Sands indicated that he expects to run again for the constituency seat and to be successful in the next race.

"I want to say thank you to the people of Elizabeth. They are truly the victors here. They are the people that this is all about and certainly I look forward to representing them in the House of Assembly, and that they could bank on," said Dr. Sands outside the Supreme Court yesterday.

Dr. Sands was ahead by two regular votes after the Elizabeth recount.

However, the Election Court yesterday allowed all five protest votes cast for Progressive Liberal Party candidate Ryan Pinder, making Pinder the MP-elect for the constituency.

"Well I think, obviously, this is a disappointing ruling but I think in our democracy we certainly must pay respect to the edict, or the ruling of our justices. We'll sit and reflect and we'll make a determination as to what the next step is," said Dr. Sands.

FNM chairman Carl Bethel said that the judges made "new law" in making the determination that led to yesterday's decision.

In the case, the FNM did not accept that all the constituents who voted on protest ballots were legally entitled to vote in Elizabeth – the FNM eventually conceded that voters C and E were entitled to vote.

The court, however, validated all five votes for the PLP and another for Bahamas Democratic Movement candidate Cassius Stuart.

This case was the first under section 69 of the Parliamentary Elections Act.

This part of the Act refers to the procedure to determine elections when the number of protest votes cast outnumber the margin of victory in an election.

National Security Minister Tommy Turnquest said that amendments to the Parliamentary Elections Act may be necessary as a result of the ruling.

"It (the ruling) speaks to where a person is eligible to be registered, at what stage if they move should they be transferred off the register and whose responsibility that is to have them transferred," he said.

"And so obviously there will be questions that we will have to look at as a Parliament — as a country — and determine in the most broadest consultative way how we want to move forward in our parliamentary democracy to ensure free and fair elections."

There are no appeals of the decisions of the Election Court.

Bethel said, however, that there may be some legal points they may be able to appeal to some court in order to look at the constitutional validity of parts of the decision in the Elizabeth Election Court case.

March 24, 2010

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Wednesday, March 10, 2010

Tommy Turnquest: New voter register to start in April

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:



The government is preparing to start a new voter register, and plans to use the latest technology to help ensure that mistakes that arose on the register used for the 2007 general election are kept at an irreducible minimum, according to Tommy Turnquest, the minister responsible for parliamentary elections.

Turnquest said the government will begin a new register in April.

"We will like to ensure that a new register of voters is compiled, one that would show that persons are where they say they live," he said.

The process for a new register will be the first since Election Court judges said two years ago that the Pinewood challenge had exposed "the most egregious failures in the parliamentary system."

That ruling was handed down by Senior Justice Anita Allen and now Senior Justice Jon Isaacs.

At the time of the controversial Pinewood matter, the judges said, "The parliamentary commissioner failed, for whatever reason, to ensure the integrity of the registration process in Pinewood."

Turnquest said the Parliamentary Registration Department will be given the time and resources it needs to do its work right.

"The reason why we want to start early is so that we have sufficient time to ensure that all those potential errors are eliminated to the maximum extent possible," he said.

Turnquest said the department will engage in intense cross checking in its efforts to cut back on mistakes on the new register. He said this attention to detail was evident in the department's work leading up to the February 16 by-election in Elizabeth.

"I think that as a result of what they did, as a result of what the political parties did, a large number of persons who no longer live in Elizabeth didn't show up," he said.

Commenting on the importance of giving the department enough time and resources to do its work, the minister said, "There's nothing more important than having free and fair elections in a democracy. It doesn't matter who you vote for, but it has to be one person, one vote, that you are supposed to vote where you live and only where you live."

As noted previously by Prime Minister Hubert Ingraham, Turnquest said it is the primary duty of the prime minister to ensure a clean register and to have free and fair elections.

"And he intends to do so," Turnquest said. "As his minister responsible, it is my duty to ensure that's carried out."

Ingraham said repeatedly during the lead up to and after the recent by-election that whatever is wrong with the current register is the fault of former prime minister Perry Christie.

While stressing that he does not wish to offer any public commentary on what the Election Court judges said in the Pinewood ruling, Turnquest said yesterday he thought it was unfortunate that Parliamentary Commissioner Errol Bethel did not have an opportunity to tell his side of the story during the Pinewood case.

"I try not to comment on decisions of the court for obvious reasons, but I thought the parliamentary commissioner ought to have been given an opportunity to put his position with regard to some of the errors associated with the last general election," the minister said.

"The Parliamentary Elections Act and our constitution accords for a Boundaries Commission that is supposed to meet every five years and is supposed to present a report to Parliament, and that is supposed to be done in sufficient time to allow any changes that have to take place... Unfortunately, prior to the last general election in May 2007, the boundaries report wasn't concluded until the beginning of April, and so they had very little time to make changes and get cards back to persons and have all of that before the May elections."

Turnquest said that as a result many people found themselves registered in the wrong polling divisions and in the wrong constituency.

"And so, I thought it somewhat unfair to chastise the parliamentary commissioner without taking it further to find the root of the problem, and we're going to ensure that at least the root is taken care of this time by making sure that we do it in sufficient time and that the parliamentary commissioner and his staff will have sufficient time to ensure that the register is clean."

Wednesday 10, 2010


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Thursday, February 25, 2010

Letter says Ryan Pinder renounced US citizenship before he nominated for the Elizabeth constituency by-election

By BRENT DEAN ~ Guardian Senior Reporter ~ brentldean@nasguard.com:



Progressive Liberal Party Elizabeth candidate Ryan Pinder renounced his United States citizenship on January 20 — more than a week before he nominated for the constituency by-election — according to a letter from the U.S. Embassy in Nassau obtained by The Nassau Guardian.

The letter, which was not provided by the embassy, said Pinder acquired his U.S. citizenship under the U.S. Immigration and Nationality Act by virtue of birth to a citizen parent on September 13, 1974 in Nassau.

The letter reveals that Pinder renounced his U.S. citizenship at the U.S. Embassy in Nassau.

"The government of the United States no longer considers Mr. Pinder to be a U.S. citizen," the letter reveals. "His U.S. passport is no longer valid and has been forwarded to the issuing agency within the U.S. government."

At a news conference on Sunday at the Free National Movement Headquarters, Prime Minister Hubert Ingraham indicated that the governing party would challenge Pinder's eligibility to run in the Elizabeth by-election on the citizenship issue.

"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."

The Bahamian constitution sets out eligibility to sit as a member of the House of Assembly.

It states that no person shall be qualified to be elected as a member of the House who is a citizen of a country other than The Bahamas, having become such a citizen voluntarily.

The constitution also states that a candidate would be unable to sit in the House if the individual, by virtue of his own act, is under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.

The PLP had argued that since Pinder obtained the U.S. citizenship as a result of his mother's American citizenship, it was not a voluntary act, making Pinder eligible to run as a candidate with dual citizenship.

In spite of this position, Pinder renounced the status before the January 29 nomination day.

Pinder had previously revealed that he renounced his U.S. citizenship. However, he had not provided any details about the move.

Pinder received 1,499 regular votes to the 1,501 regular votes FNM candidate Dr. Duane Sands received in the by-election. Five protest votes were cast in favor of Pinder. If at least three are allowed, he would be the next Elizabeth MP.

If two are allowed a tie would result.

Pinder has petitioned the Election Court to consider the protest votes cast.

The Parliamentary Elections Act states that if a tie results after all votes are considered — including protest votes — the returning officer shall declare a void election between those candidates.

A new election would then be ordered 14 days after such a declaration.


February 25, 2010


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Tuesday, February 23, 2010

Elizabeth by-election: Progressive Liberal Party (PLP) Leader Perry Christie claims 30 supporters of the Free National Movement (FNM) voted illegally

By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:


Progressive Liberal Party Leader Perry Christie said yesterday he is aware of about 30 supporters of the Free National Movement who voted illegally in the Elizabeth by-election. Christie also warned the prime minister about making comments he claimed were intimidating to the five people who voted on protest ballots in favor of the PLP's candidate Ryan Pinder last Tuesday.

"When the prime minister (Hubert Ingraham) speaks about having a list of people who voted illegally, listen, my list is probably 30 right now, without my having made an effort, of FNMs who voted illegally in there," said Christie at a news conference yesterday at PLP headquarters.

Christie acknowledged that it is necessary for the leaders of both major parties to come together to work on improving the rules that govern elections in The Bahamas.

The Elizabeth by-election was the first major test for the Parliamentary Registration Department since the justices of the Election Court said in a ruling that the Pinewood case had exposed "the most egregious failures in the parliamentary system."

That ruling was handed down nearly two years ago by Senior Justice Anita Allen and now Senior Justice Jon Isaacs.

At the time of the controversial Pinewood matter, the judges said, "The parliamentary commissioner failed, for whatever reason, to ensure the integrity of the registration process in Pinewood."

In their 2008 ruling, Allen and Isaacs said it was startling that Senator Allyson Maynard-Gibson (the petitioner) and Pinewood MP Byran Woodside were forced to concede that 85 of 183 votes challenged were unlawful votes.

"Perhaps the time is appropriate for the parliamentary commissioner to comprehensively examine the practices and procedures of the Parliamentary Registration Department with a view to ensuring that what we saw in Pinewood does not re-occur because it threatens to undermine the fundamental basis of our parliamentary democracy," the ruling said.

Despite the ruling, there have been no amendments to the Parliamentary Elections Act, and no major reforms of the election process in the country.

Consequently, both parties have alleged serious improprieties concerning the Elizabeth by-election.

Pinder received 1,499 regular votes to the 1,501 votes FNM candidate Dr. Duane Sands received. However, Pinder would have a total of 1,504 votes, as compared to Sands' 1,501 votes, if the five protest votes for Pinder are allowed.

At a news conference at FNM Headquarters on Sunday, the prime minister said those protest votes would be seriously scrutinized in the Election Court.

"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. 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."

Christie perceived those comments as a form of voter intimidation by the prime minister.

"The prime minister should not seek to intimidate these people and suggest that because they spoke up for their rights that somehow they are breaking the law. We are concerned about this because it is a continuation of a pattern of intimidation by the Free National Movement and the prime minister," he said.

"I warned about his intimidation during the campaign. I am seriously concerned about the identification of the FNM with a thug culture that appears to dominate what they do in politics. There is no respect for the most basic and elemental aspects of the law and fair play."

While Ingraham said he has hard evidence that four out of the five protest voters were not eligible to vote in the by-election, Christie was confident that the PLP would receive enough protest votes for Pinder to become the Elizabeth MP.

Pinder needs at least three protest votes declared valid to win the seat. If he secures two, a tie would result and a reelection would take place.

"...Going to the Election Court in the circumstances that have now arisen is all about making sure that the way the people of Elizabeth did in fact vote on February 16th is reflected in the final declared result," Christie said.

The PLP leader said that in most instances, the protested voters lived in the constituency for long periods.

"They also say they had been duly registered to vote in Elizabeth," he said. "In fact, they had proper voter's cards."

Their names had been left off the Register of Voters, claimed Christie.

February 23, 2010

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Friday, February 5, 2010

Godfrey 'Pro' Pinder of the United Christian Love Revolution Movement sues over rejected nomination attempt

By Juan Mccartney ~ Guardian Senior Reporter ~ juan@nasguard.com:



Attorney Godfrey 'Pro' Pinder is refusing to give up his quest to take part in the Elizabeth by-election, or at least be acknowledged as a candidate.

On Wednesday, Pinder - who had planned to run on the United Christian Love Revolution Movement ticket - filed suit in the Supreme Court asking the court to overturn the January 29 rejection of his attempted nomination by returning officer Jack Thompson.

Pinder has appealed on 16 grounds.

This means that the rejection has been suspended and will be challenged after the by-election on February 16.

In the appeal obtained by The Nassau Guardian, Pinder details the happenings on nomination day that led to his nomination being rejected.

Last Friday, Pinder showed up to nominate two minutes before noon, which is when nominations would have closed. After already being late, Pinder paid the mandatory $400 deposit fee to nominate for the election with a personal check.

However, the government requires that deposits be paid with a bank-certified check or with cash.

Thompson therefore rejected the nomination.

Among the grounds of Pinder's appeal are that the nomination rules do not specify the particulars of the payment amount in terms of the currency in which the payment should be made; that the practice of charging $400 as a deposit for nominees is discriminatory toward the poor; that the true nature of the payment type was not properly outlined on the nomination form; that Thompson was on a "frolic of his own and acted with bias" and out of self interests; and that Thompson and possibly other respondents named in the suit acted contrary to the Parliamentary Elections Act.

Pinder also claims to have taken a Scotiabank-certified check to the office of Parliamentary Commissioner Errol Bethel on the same day that his nomination was rejected, only to allegedly have Bethel turn him away saying, "I cannot accept that."

In the appeal, Pinder also claims Thompson failed to first state the facts and grounds for his decision to reject Pinder's nomination before endorsing the rejection letter.

Pinder is also requesting that Progressive Liberal Party candidate Ryan Pinder's citizenship records be subpoenaed and entered into evidence. Pinder claims that Ryan Pinder holds both United States and Bahamian citizenship.

Up to press time yesterday, Bethel said he had yet to receive notice of the appeal.


February 05, 2010

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