Deandrea Hamilton

Editor

Turks and Caicos, February 16, 2025 – Use of one single ballot paper for the two categories of candidates has been a practice in Turks and Caicos General Elections for three previous cycles, but now residents wonder what happens if the PDM’s petition wins its demand for the 2025 election results to be voided and the process carried out all over again. The reason:  there should have been two separate ballot papers with far more details, according to TCI law.

It is what the Attorney General’s Chambers and the Supreme Court are today working to determine after the People’s Democratic Movement, last week, filed a petition citing breaches of the Elections Ordinance, which may have impacted the election outcome.

“Had the electoral district been printed on separate ballot paper from the All Island in accordance with the law, these voters may have possibly voted for the electoral district candidates of their choice, the results of the election would have been different,” explained the party in their Petition with specific concern about the results in ED9, Blue Hills where the margin of victory was a mere three votes.

The PDM is not only pointing out the inconsistency with following the letter of the law as it relates to how ballots were presented to voters, but also calling out the winning party – the Progressive National Party – for allegedly buying votes.

“Payment of money to electors in exchange for votes in favour of PNP candidates, (b) Procurement of airline tickets by PNP candidates and/or their agents for electors to travel into the country to vote for PNP candidates,” is listed in the petition under a section labelled: Allegations of Bribery and Corruption.

The irregularities in how the Elections Office conducted the February 7, 2025 run off, which for the first time used an electronic tabulating system are listed in that petition.

Public reactions are widespread concern and heated criticism as residents muse about whether the re-elected government which has been accepted and sworn in, could be made redundant and a new general election ordered.

It would be unprecedented.

The irregularity which was cited by the Opposition PDM, has been on the books for well over a decade but is for the first time being exposed.  It has the power to possibly call into question the results of 2012, the 2016 and the 2021 General Elections. Each of  these run offs have used just one ballot paper for the constituency and the all island candidates, together.

Court documents obtained by Magnetic Media revealed that the petition was filed by Edwin Astwood, the PDM Party Leader and Robert Been, the PDM’s Deputy Party Leader.

The PDM says there should have been two ballot papers, as outlined in section 42 (7) of the Elections Ordinance.  In the 2020 amended version of the Elections Ordinance, which adds the use of the electronic tabulating system, those stipulations are listed in section 39 (6).

“…mandates that All Islands ballots be printed on paper of a different colour than those used for electoral district ballots.”

The ordinance also states there should be watermarks on those ballot papers.

The plaintiffs also point out that the Elections Office did not display the candidates’ names in the way the Ordinance specifies.

“…in which the names, occupations, residences and voting symbols (if any) of the candidates, alphabetically arranged in the order of their surnames and numbered accordingly shall be printed exactly as they are set out in the nomination paper;”

The PDM, which secured two seats of 19 in the 2025 polls, said the ballot papers “failed to comply with these legal requirements…” and because they did, the entire election should be voided.

Voters disagree and say the PDM is showing themselves to be sore losers.

In reflection, the practice of one ballot was no surprise to any of the political parties or the candidates. Not only were there training sessions held ahead of polling day, in each constituency but there was publication of the ballot paper ahead of election day; no dispute was made public that our media house has found.

In 2025, the introduction of electronic voting, precipitated the need for a vigorous public education awareness campaign and consultation, even consensus with at least, the two main political parties.

Reports to Magnetic Media revealed that each elector was acquainted with what to expect when it came to the ballot paper and given instructions on how to cast one’s vote or votes.

These accounts have led some electors – who shared with us that they have only ever used one ballot to vote – to question the validity of the PDM’s petition.

The PDM had expressed misgivings about the potential inaccuracy of the tally by the new system, however the party, with representatives at the trainings and within the polling stations, were mute – at least publicly – about any concern on the single ballot paper, until now.

The Elections Office, the Attorney General’s Chambers, the political parties themselves, Electors and yes, even the Governor’s Office all failed to notice that this vital requirement, etched out in law, was not followed.

While the law does state that ballot papers must be two, coloured differently to distinguish district and all island candidates, and list details about the candidate it has not been carried out in at least the last four general elections.

The petition has created quite a stir in the public square, a feeling of apprehension reignited one week following General Election Day.  It is almost a return to the hush and anticipation of how the votes will go and who the winners will be once the counts come in and suffice it to say, thousands are waiting on these unique results.

The petitions were filed at the Supreme Court by Geordins Attorneys At Law.  It lists as its respondents, the Supervisor of Elections, Randy Howell (the official winner of ED9) and the Attorney General of the TCI.