#Providenciales, March 14, 2019 – Turks and Caicos – The Supervisor of Elections is inviting the general public to participate in providing feedback on proposed amendments to the Elections Ordinance of the Turks and Caicos Islands (TCI) following reports from Elections Adjudicators appointed by the Governor and the Election Observer Mission to the Turks and Caicos Islands carried out by the British Islands and Mediterranean Region of the Commonwealth Parliamentary Association of the (CPA BIRMR) during 2016 General Elections.
The current Elections Ordinance
(“Ordinance”) of the (TCI) was revised in 2012 and a new Ordinance which
repealed the former Ordinance was enacted and came into force on May 18, 2012.
The consultation on the attached proposed amendments to the Elections Ordinance is in light of experience of general elections conducted in 2012 and 2016. It was discovered that some of the provisions of the Ordinance were insufficient to meet requirements and need to be improved.
The areas of the Ordinance which
need improvement are in respect to benefits from practical experience, and to
clarify the interpretation of various provisions.
Amendments to the Ordinance would
avoid the practice of piecemeal amendment and would permit the enactment of
comprehensive amendments better suited to current requirements.
Kindly note that persons are
urged to refer to the Elections Ordinance under the recently issued 2018
Revised Laws of the TCI, as there has been a renumbering of some sections due to
2016 amendments which are now incorporated in the Ordinance.
Please submit your feedback on
the proposed amendments to the Elections Ordinance by email or hard copy
document to Lister Dudley Lewis, Supervisor of Elections, SPPD Office Complex,
South Base Grand Turk or email DLLewis@gov.tc. The consultation will commence
March 5th 2019 and closes April 5th, 2019.
Lister Dudley Lewis
Supervisor of Elections
THE FOLLOWING ARE THE PROPOSED
AMENDMENTS TO THE ELECTIONS ORDINANCE FOR CONSULTATION.
CONVENTION ON THE RIGHTS OF
PERSONS WITH DISABILITIES
- The
Convention on Rights of Persons with Disabilities has not been extended to the
Turks and Caicos Islands, however in accordance with the Constitution there is
protection against discrimination against any person with disability.
Section
16 of the Constitution relates to qualification to be elected for membership of
the House of Assembly and it does not disqualify anyone from being elected
because of disability. If a person is of a sound mind and able to understand
the act and what they are to do, and if they are qualified to stand for elected
office in accordance with the Constitution, then despite their disability, they
should have the same legal rights to participate in political life.
In order
to comply with requirements of the Convention all persons with disabilities
should not be offered a lower standard of service than other voters, but
reasonable adjustments should be made so they will not be disadvantaged in any
way and they should have the same access to the electoral process as anyone
else with designated parking and ramps.
The
Supervisor supports the approach that a person who applies for a ballot paper
and appears to have some form of mental health problem or have a learning
ability should not be excluded from voting or refused a ballot paper on the
grounds of mental incapacity if registered as an elector. The standard
highlighted in the Convention to be adapted in TCI.
The
question is, should the Rights of Persons with Disabilities be implemented in
the Turks and Caicos Islands (TCI). If implemented it will enhance the legal
rights of persons with disabilities to participate in political life.
STANDARD
LAYOUT OF POLLING STATIONS
- It is
proposed that to ensure more consistency in the voting process the Ordinance be
amended to incorporate a standard layout of all polling stations for the next
general elections.
A
standard layout of polling stations will aim to maximize:
(a) The
efficiency of the flow of voters through the polling station
(b) The
transparency of the voting process
(c)
Protection of the secrecy of voting
A
standardized polling station layout will further promote an orderly controlled
flow of voters through polling stations. Polling stations will have one
available entrance and one available exit. The entrance and exit will be at
opposite ends of the voting area to allow a one-way progression of voters
through the voting area.
The
question is, should the Ordinance be amended to incorporate a provision for a
standardized polling station layout for all polling stations.
DELETE
REQUIREMENT FOR INSERTION OF PRESIDING OFFICER INITIALS AND DATE OF POLLING ON
BALLOTS
- It is
stipulated that voting procedures in the TCI could be more simplified if the
superfluous requirement for writing the date of the elections on the ballot’s
counterfoil and the initials of the Presiding Officer is removed.
Ballot
papers for general elections in the (TCI) are printed in accordance with the
Elections Ordinance. Ballots are printed with a space on the counterfoil for Presiding
Officers to insert the date of polling and a space for the Presiding Officer’s
initials.
Research
has revealed that ballot papers used by the following Jurisdictions namely,
Cayman Islands, Bermuda, Montserrat and British Virgin Islands still require
the date of polling and Presiding Officers initials to be inserted on the
counterfoil of their ballots, however it is not a requirement in Guyana,
Antigua and the United Kingdom.
The
initials of Presiding Officers and date of polling on ballot papers are not
important for the voting process in the TCI. If the amendment is made Presiding
Officers will only have the responsibility to put on ballots the number
corresponding to the consecutive number on the official list of voters and this
will speed up the voting process. The polling date for elections can be
inserted on ballots at the time of printing.
The
question is, should Section 45(3) and4)(a) of the Ordinance be amended by
deleting the requirement for insertion of initials of Presiding Officers and date
of polling from the counterfoil on Ballots?
END THE
PRACTICE OF MARKING VOTERS FINGER WITH INK OR DYE
- It was
stipulated that there is an urgent need to either end the practice of marking
voter’s finger with ink at polling stations on polling day and an elaborate
detailed procedure be introduced for checking voters before issuing ballot
papers.
Section
45(10) (d) of the Ordinance stipulates (“the Presiding Officer must require the
voter to permit his finger to be marked with ink or a dye”). This requirement
was introduced and implemented for general elections of 2012 and 2016 and
voter’s voiced their dissatisfaction of its use.
The use
of finger stain ink for general elections process in the TCI is important and
it is accepted and implemented in other Jurisdictions. The use of Ink prevents
persons voting in more than one electoral district and it is an important
function in the electoral process.
However,
Section 45(10) (d) of the Ordinance is flawed it do not stipulate what a
Presiding Officer can do if a voter refuses to have his finger stain. The
Ordinance only permit the Presiding Officer to require voters to permit their
finger to be stained and if they refuse, a ballot paper is still issued.
The
question is, should the practice of marking voters finger with ink or dye end
and other alternative means be implemented to identify persons who have voted,
and should Section 45(10) (d) be repealed or should the section be amended to
incorporate a provision that if a voter refuses to have his finger stained, the
Presiding Officer should not issue a ballot paper to the voter.
DISPLAY
ELECTIONS RESULTS OUTSIDE POLLING STATIONS
- After
tabulation of ballot papers at polling stations and winners declared the
results are not displayed at Polling Stations by Returning Officers.
Presently
there is no requirement or provision in the Elections Ordinance directing
Returning Officers to display election results outside polling stations after
counting of ballots and declaring winners for district and All Island District
Candidates.
It is
believed that displaying elections results outside polling stations will
increase transparency and confidence in the outcome of elections.
The
question is, should the ordinance be amended to incorporate a provision to
direct Returning Officers to display elections results outside polling
stations?
ADVANCE
POLLING
- During
General Elections and on Polling Day Police and Emergency service personnel may
be required to attend emergency situations that may prevent them exercising
their Democratic right to vote and in the circumstances, it is proposed that
advance polling be introduced in the TCI to facilitate persons to vote the day
before polling day.
If
advance polling is instituted in the TCI, it is recommended that the polls be
open at 8am and closed at 4pm.
The
question is, should advance polling be introduced in the TCI and if introduced
should this courtesy be extended to persons with special needs, Senior
Government officials, Prisoners and Senior Citizens sixty- five (65) years and
older?
DOCUMENTS
ACCEPTED FROM SELF-SPONSERED STUDENTS
- Self-sponsored
Students studying overseas have difficulty obtaining letters from senior
officials at the Institution attending to confirm their enrolment and
attendance to support their voter registration applications.
Section
12(6)(b) of the Ordinance is believed may be too restrictive in terms of what
documentary evidence the Supervisor can consider and accept to determine
whether Students are self sponsored students overseas in considering their registration
applications.
The
question is, should the Ordinance be amended to permit the Supervisor to accept
the following documents in support of self-sponsored Students registration
applications studying overseas:
· Institution acceptance
letter
· Receipts indicating
payment of school fees
· Proof of Residence
overseas
· Notarized document from
Student/Parent confirming attendance at the Institution.
AMENDMENT
TO FORM No. 1 OF SCHEDULE 1
- There is
a clear inconsistency between the requirements in Form No. 4 of Schedule 1 and
Section 10(3) (c) of the Ordinance. Form
No. 4 of Schedule 1 forms a part of the Legislation and Section 53 of the
Interpretation Ordinance of the TCI, states “every schedule or table to any
Ordinance, or part of any Ordinance should, together with any notes there to,
be construed and have effect as part of the Ordinance”. Section 10(3) (c) should take precedence over
Form No. 4 and there is a need for clarity and consistency throughout the
Ordinance.
Previously
in Claims and Objections process persons were only allowed to object to another
person if he/she was registered in the same electoral district however, if an
amendment is made it will allow a registered voter to object to another person
in any of the ten (10) electoral districts.
The
question is, should Form No. 4 of Schedule 1 be amended to conform to the
stipulation in Section 10(3) (c) so that the Objector in Claims and Objections
process need only be “another person” appearing from the Electors Register to
be himself entitled to be registered?
RECOUNT
OF BALLOTS PAPERS “ALL ISLAND” CANDIDATES
- The
Ordinance is silent on the procedure to adopt when All Island Candidates can
request a recount of the ballots after the Returning Officer for All Island
Candidates announces the results on the night of elections.
Section
55(13) (c) of the Ordinance stipulates “Any of the Candidates or their agents
who is not satisfied with the accuracy of the count may, on completion of the
count in the case of an election for the All Islands district, at the central
location, demand a recount which shall thereupon be carried out in the same
manner as the original. The section only permits Count and re-count of All
Island ballots to be carried out at the central location in Grand Turk.
However,
when Section 55(13) (c) was introduced in 2012 it was intended that after close
of polls the All Islands ballot boxes would be transported to the central
location Grand Turk and the original counting conducted, and for general
elections 2012 and 2016 ballots for the All Island districts were counted at
each polling station and results communicated to the Returning Officer
appointed in Grand Turk on election night at the central location. The
Returning Officer would tabulate the results from each electoral district and
declare the five candidates with the largest amount of votes as winners via
radio.
It is
proposed that Section 55(13) (c) of the Ordinance be amended to stipulate that
after the Returning Officer declares the five All Island Candidates elected,
Candidates must immediately request a recount which shall be communicated to a
Returning Officer in any of the electoral districts and his/her request shall
be communicated to the Returning Officer appointed.
The
Returning Officer upon receiving the request shall instruct the Supervisor to
transport the All Island ballot boxes to the central location Grand Turk where
a recount shall be carried out.
The
question is, should the Ordinance be amended to reflect when and at what stage
can All Island Candidates request a recount after the Returning Officer on the
night of elections declares the five All Island candidates as winners?
AMENDMENT
TO VOTER REGISTRATION APPLICATION FORM NO. 1
- The
present voter registration application Form No. 1 of Schedule 1 is inadequate
for efficient voter registration process.
If the
Form is Amended, it will require applicants to produce additional information
for a more efficient voter registration process. The amended Form should
include the following:
· Proof of Applicants
completed address
· Email address
· Place of employment and
address
The
question is, should Form No. 1 of Schedule 1 of the Ordinance be amended and a
new form introduced? (See proposed new voter registration application Form for
implementation).
NEW FORM
TO FORM PART OF SCHEDULE 1 OF THE ORDINANCE
- It is
recommended that an additional Form be implemented to form part of Schedule 1
of the Ordinance.
The new
Form will form part of schedule 1 and be created as Form No. 23 and include the
following:
· Notice of change of name
· Notice of change of
occupation
· Notice of change of
residence
The
question is, should a new Form be implemented to form part of Schedule 1 of the
Ordinance? (See new Form attached for implementation).
TRANSFER
OF ELECTORS MOVING FROM ONE ELECTORAL DISTRICT TO ANOTHER
- Registered
voters in the TCI move from one electoral district to another and there is no
process in place to facilitate their transfer. During Claims and Objections
process numerous objections are submitted objecting to Persons name on the
register in various electoral districts and this is a challenge for the
Supervisor in deciding whether to remove persons or allow them to remain in the
district where their name appear in the Register.
Presently
the only procedure to facilitate transfer of electors is the making of a Claim
if an elector believes that he or she is wrongly listed in the Electors List or
Electors Register. The question is, given the itinerant nature of the TCI’s
population, particularly as it relates to employment and movement of persons
between Electoral Districts should the Ordinance be amended to accommodate a
transferal process for electors moving from one electoral district to another?
(See attached propose Form for Electors change of residence).
RESIDENCY
PERIOD FOR PERSONS TRANSFER BETWEEN ELECTORAL DISTRICTS
- There is
no provision in the Ordinance stipulating a required residency period for
persons who may have transfer from one electoral district to another. The only
provision in the Ordinance which speaks to a period of residence is Section
3(1) (a) that stipulate the following “a person is resident in a place if, for
more than 6 months in the period of 12 months immediately preceding the date of
application for registration as an elector, the person used the place as a home
(whether or not continuously).
There is
also no stipulated time for determining the correct electoral district in which
to place an elector when a change of residence has occurred and the practice
that has developed and accepted over the years as part of the electoral process
is to use the 6 months of the time period stated in section 3(1).
The
question is, should the ordinance be amended to accommodate a residence period
and should the practice of 6 Months residence period be also legislated to fill
the present lacuna that exists in the ordinance?
FIX TIME
FOR RESERVE DECISION OF THE SUPERVISOR
- There is
a standardized practice for transmitting decisions made by the Supervisor
during Claims and Objections process, and persons appearing are given verbal
decisions and advised of their right of appeal to Adjudicators in accordance
with section 18(3) of the Ordinance. This is subsequently followed by written
notice to Claimants and Objectors stipulating the decision of the Supervisor.
It is proposed that the Ordinance be amended to allow a period of seven (7)
days for the Supervisor to make and notify Claimants and Objectors of his
reserved decision arising out of Claims and Objection hearing.
The question is, should the Ordinance be amended to incorporate a fixed time of seven (7) days for the Supervisor to make and notify Claimants and Objectors if his decision is reserved?
Press Release: TCIG