Deandrea Hamilton
Editor
Turks and Caicos, April 4, 2025 – Usually, when there is an election petition where it is proven the wrong ballot paper was used, it pertains to a district and only a portion of the electorate would be required to vote again. In the case of the Turks and Caicos Islands, because all of the constituencies voted in the same way, the process, if deemed to have been in contravention to the law, would have to be done all over again.
“What the PDM is contending, is the Elections Officer had the entire country, voting on the wrong papers or the wrong ballots. This is nothing to play with. This is nothing to take lightly,” said Wilkie Arthur, owner, Eagle Legal News Media.
Arthur was on April 1, 2025 reporting just outside of the Supreme Court in Providenciales, where the matter will proceed to trial on May 12 and 13, 2025.
“As I do some research and read some read some international case laws that relates to this, I realise that, listen, this has happened in other countries and the courts had to rule in situations but it was only in one constituency or one area. There I s case law to support that. But what I realise now, is for the Turks and Caicos Islands, that could mean a brand new, fresh election process. That may not be pleasant to some people, that may not be pleasant to some people but that is the situation.”
In a YouTube video on his channel, Arthur said he was asked to bring clarity to the situation which emerged when Hon Chris Selochan, Supreme Court Justice ruled that a trial was warranted in the case of the People’s Democratic Movement (PDM) versus the Elections Office and Attorney General.
The PDM, which won two of nineteen seats in the February 7, 2025 General Election, cited, among other things that an illegitimate ballot was used; that there should have been two ballots of different colours, which by law, should be published ahead of voting day.
The Turks and Caicos Elections Ordinance does specify that two ballots should be used; one for the District candidate and the other for the At Large candidates. It is also noted in the legislation that the ballots are to be publicized before the general election.
“Honourable Edwin Astwood and Mr. Robert Been filed a petition stating that they would like the entire election process to be deemed null and void, that is major, that is nothing to play with.”
Arthur, is a freelance Court and Crime news reporter and has been present in court for the post-election filings. He shared that there are three petitions which he believes have the power to bring disruption to the election process, which is not over, although the executive arm of government has been set up with Washington Misick as the premier.
There are court filings for The Bight, where Matthew Stubbs, Progressive National Party (PNP) incumbent lost by one vote; Blue Hills, where Randy Howell, the PNP incumbent, won by three votes and the broader petition filed by the leader and deputy leaders of the PDM, Astwood and Been.
“The people have a right to go back to the polls and do the very same thing or do more or do less,” said Arthur to a question about what happens if the judge rules in favour of the PDM.
“Speaking to some party members, they are very confident that if they have to go back to the polls they would end up with the same results. Some though are very concerned, if we have to do this a second time, I may not be a minister anymore.”
The PNP won 16 seats and the government. There was one independent winner for the South Caicos district. The PDM secured two seats in the House of Assembly.
It was the first time the Turks and Caicos voted electronically. It was also the first time, islanders had to select nine all island candidates. Arthur said these facts created an exceptional election season for the Turks and Caicos and he believes those legislatively bound to ensure the process was in total compliance with the Ordinance, dropped the ball.
“I believe this problem could have been solved if the Hon Attorney General had done her due diligence, had done her work correctly and review what is supposed to be reviewed, match them with the law. See if the Elections Office is doing what they supposed to do and match it in line with the law. If it is true that we voted on the wrong ballots, what will the court do with the entire process of February 7, 2025 elections?”
There was also an admonition from the reporter, who is widely respected for his knowledge of legal proceedings, to respect those who have filed their grievances at the Courts. Wilkie Arthur reminded his audience that it is the right of any party to seek justice.