GECOM will tomorrow discuss opposition con-cerns that lists for the March 13, 2023 local government polls were not extracted according to the law and the governing PPP/C yesterday said it was not opposed to another round of claims and objections making it likely that the long-delayed elections will be further put back.
In the face of a court challenge over the com-pilation of the lists of voters for the local authorities, Chief Election Officer (CEO) Vishnu Persaud on December 3rd wrote to Chair of the Guyana Elections Com-mission (GECOM), retired Justice Claudette Singh, proposing a 14-day period of claims and objections to address the opposition’s concerns.
In a brief statement yes-terday, the PPP/C said it “will not be opposed to the Guyana Elections Com-mission GECOM) em-barking upon another round of Claims and Objections in respect of the Register of Voters for the upcoming Local Govern-ment Elections proposed to be held in 2023.”
In the correspondence seen by this newspaper, Persaud told Singh that should the opposition concerns not be addressed, the image of the elections body could be tarnished for failing to guard funda-mental standards for democratic elections. He suggested that the coalition can possibly boycott the upcoming polls if the concerns are not addressed.
“The APNU+AFC coalition, as a major parliamentary stakeholder in the conduct of elections, has a large support base among the electorate. In this regard, it would not be unreasonable to assume that the constituents of the coalition would withhold their participation in the upcoming Local Govern-ment Elections i.e. some-thing any electoral management body should guard against insofar as transparency and inclusi-vity as fundamental standards for democratic elections are concerned,” he wrote.
Opposition-appointed commissioner, Vincent Alexander, yesterday told Stabroek News the consideration for such a move by the CEO, can be viewed as a possible admission of their claims.
For months the APNU arm of the APNU+AFC coalition has been claiming that the voters list was compiled without cap-turing voters in their correct constituency thereby placing them at a disadvantage. Alexander, however, stated that given that the issue is a technical legal matter, they took the decision to have full discussions on the proposal tomorrow. This is to ensure possible decisions made conform with the requirements of the law.
According to Alexander, opposition commissioners have also raised concerns over the Minister of Local Government and Regional Development’s declaration of constituency boundaries in Local Authority Areas. He stated that a decision on this matter is also expected tomorrow by Singh.
On Friday last, APNU’s Chief Scrutineer, Carol Smith-Joseph, moved to the High Court for an urgent hearing challenging GECOM’s method in compiling the voters lists to be used in the March 13 Local Government Elections (LGE).
Joseph is asking the court among other things to declare that GECOM acted unlawfully in not compiling the Preliminary List of Voters for Local Government Elections in accordance with the Local Authorities Act and the Chief Election Officer and/or the Commissioner of National Registration’s action of extracting a List of Electors pursuant to GECOM’s order was unlawfully prepared pursuant to Section 5 (6) of the Elections Law (Amendment) Act.
The Chief Scrutineer is arguing that GECOM, in its preparation of the current voters list, did not act in accordance with the law and the constitution.
In the internal memo-randum, Persaud said that consideration for a further claims and objections period was made after reading a news article published by Demerara Waves. The news article highlighted the court challenge by Joseph.
Persaud informed the commission’s chair that accepting the proposal would result in the postponement of the elections. He did not say for how long the elections can be postponed. Local government elections were due since the end of 2021.
Persaud told the Chair, the proposal, once accept-ed “…would not only guarantee transparency and inclusivity, but would address the specific concern of the APNU+AFC coalition, but by extension engender participation of the coalition’s support base in the Local Government Elections.”
He stated that from views expressed by the opposition there are con-cerns that the electorate is being denied the opportu-nity to scrutinize the Registers of Voters. “It appears that the APNU+AFC is concerned that members of the public were not given the opportunity to (i) claim entry in the respective constituency RoVs, providing they qualify for such inclusion based on residency, and (ii) object to the inclusion of electors in constituency RoVs who do not meet the residency requirement for such inclusion.”
He reasoned in support of the proposal that the foremost standard that defines free and fair elections is that citizens are able to register to vote.
“In this regard, and in order for an election to be free and fair, all citizens who meet the eligibility requirements need to be able to register to vote, and equally to be given the opportunity, to object to persons who they have reason to believe do not meet the eligibility criteria for inclusion in the Lists of Electors, in this case, the RoVs,” he explained.
Persaud in his proposal also outlined to the Chair of the Commission, measures that will be implemented to remedy the issue currently faced.
He suggested during the 14-day period there will be Claims for entry in the Register of Voters; Correc-0tion of the incorrect listing of particulars of any voter; application of change of name; applica-tion for transfers from one local authority/consti-tuency to another or from a non-local authority area to a local authority area; objections to incorrect listings in the Registers of Voters; hearings of objections; and verification of address if associated with claims for entry, transfers and objections made on the basis of incorrect listing.
“In order to facilitate the transactions under 4.2 above, it will be necessary for the divisional/sub-divisional Registers of Voters to be posted at two buildings within each division/sub-division in each local authority area. This activity will take about seven (7) days to be completed,” he outlined before stating “The transactions listed at 4.2 above, would be made at the Offices of the Respective Returning Officers. Registration Staff from the respective Registration Areas will be placed at the relevant Offices of the Returning Officers to assist the Returning Officers in treating the various transactions. The registration of any new person as an elector would require that the fingerprints be cross matched before his/her entry into the relevant Register is made.”
Meanwhile, APNU member and attorney-at-law Roysdale Forde, during the Leader of the Opposition’s press conference yesterday, said there was a dereliction of duty by GECOM as it failed to produce a list that complies with the standards outlined in the constitution in the production of a voters list for local government and general elections. He stated that the commission published a voters list with names of dead persons and persons who are not residents of their respective Local Authority Areas. This process he claimed is completely flawed and unacceptable. He stated further that the section under which Persaud suggests the changes can be made is misguided and cannot resolve their issues.
“It cannot resolve the issues which we raised and the issues we raised are beyond Section 24 of the Local Government Elections act is a scheme, you simply can’t parachute under one section… the reason I am saying that…Section 8 to Section 24 outlines the process for the preparation of a voters list… and you simply cannot land on Section 24 when you have not created a list under the act,” Forde argued.
Persaud in his letter to the GECOM chair proposed that the changes to the voters list can be made under Section 24A Corrections of the Registers by the Elections Commission.
