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What happens to the missing ballot boxes?
published: Monday | September 17, 2007
Mcgregor
Even as our new Prime Minister Bruce Golding took the oath of office on Tuesday, September 11, 2007, the question of the two unopened ballot boxes has emerged.
The two ballot boxes from the South East St. Mary constituency were discovered unopened at the Electoral Office of Jamaica.
This was one of the most keenly contested seats, in which the preliminary count favoured the PNP's Harry Douglas and the reported final count favoured the JLP's Tarn Peralto by 34 votes. An application for a magisterial recount was filed, so the writ of election to declare the winning candidate had to be delayed. But, what is the fate of the uncounted ballot boxes?
Unfortunately for electors worldwide, this is not an uncommon scenario. Perhaps the most memorable of such events resulted in Lyndon Johnson's ascendancy to the United States Senate in 1948. He had lost the race in Texas before a lost ballot box was discovered, counted, and he was declared the winner by 87 votes. The story is often remembered for the fact that all the votes in that ballot box were cast in Johnson's favour, and the voters had signed the poll book in alphabetical order! A more suspicious set of circumstances would be hard to imagine.
Result
Of course, this is by no means a foreboding of the result of the ballot count in South East St. Mary. However, questions abound as to how this could possibly have happened and how the situation should be treated.
Based on section 46 of the Representation of the People Act (ROPA), a returning officer is authorised to adjourn the final count of votes if ballot boxes are not returned to him within the time specified in the election notice. The adjournment must not be for more than one week after polling day.
At the end of that period, the returning officer has the power, in accordance with section 11 of the Commissions of Enquiry Act, to conduct an enquiry and summon witnesses to give evidence or produce documents so that he can determine what to do about the ballot box, and complete his task of determining the final count. In the present situation, there is no indication that the returning officer realised that the ballot boxes were missing, so no decision had been taken.
The final decision now rests with the magistrate conducting the recount. It has already been reported that she refused to include the two ballot boxes in the recount and sent them back to the EOJ. According to section 48 of the ROPA, she is entitled to make that decision, but is also at liberty to summon witnesses to ascertain all facts surrounding the missing box before coming to that conclusion.
Magisterial recount
With the emergence of two unopened ballot boxes, even after two weeks, it's still unclear who the official winner will be in the St. Mary South East constituency. - Ian Allen /Staff Photographer
The magisterial recount is to proceed continuously, except on Sundays, until completed. Adjournments are allowed between 6:00 p.m. and 9:00 a.m. as well as for rest and refreshment. Interestingly, if the recount ends in a tie, the returning officer is allowed to cast the deciding vote, regardless of whether he had already voted or not.
In light of the pending constitutional actions against Daryl Vaz and Shahine Robinson, and the closely watched magisterial recounts in Eastern Hanover and South East St. Mary, one wonders how the story of the 2007 Elections will end.
Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.
published: Monday | September 17, 2007
Mcgregor
Even as our new Prime Minister Bruce Golding took the oath of office on Tuesday, September 11, 2007, the question of the two unopened ballot boxes has emerged.
The two ballot boxes from the South East St. Mary constituency were discovered unopened at the Electoral Office of Jamaica.
This was one of the most keenly contested seats, in which the preliminary count favoured the PNP's Harry Douglas and the reported final count favoured the JLP's Tarn Peralto by 34 votes. An application for a magisterial recount was filed, so the writ of election to declare the winning candidate had to be delayed. But, what is the fate of the uncounted ballot boxes?
Unfortunately for electors worldwide, this is not an uncommon scenario. Perhaps the most memorable of such events resulted in Lyndon Johnson's ascendancy to the United States Senate in 1948. He had lost the race in Texas before a lost ballot box was discovered, counted, and he was declared the winner by 87 votes. The story is often remembered for the fact that all the votes in that ballot box were cast in Johnson's favour, and the voters had signed the poll book in alphabetical order! A more suspicious set of circumstances would be hard to imagine.
Result
Of course, this is by no means a foreboding of the result of the ballot count in South East St. Mary. However, questions abound as to how this could possibly have happened and how the situation should be treated.
Based on section 46 of the Representation of the People Act (ROPA), a returning officer is authorised to adjourn the final count of votes if ballot boxes are not returned to him within the time specified in the election notice. The adjournment must not be for more than one week after polling day.
At the end of that period, the returning officer has the power, in accordance with section 11 of the Commissions of Enquiry Act, to conduct an enquiry and summon witnesses to give evidence or produce documents so that he can determine what to do about the ballot box, and complete his task of determining the final count. In the present situation, there is no indication that the returning officer realised that the ballot boxes were missing, so no decision had been taken.
The final decision now rests with the magistrate conducting the recount. It has already been reported that she refused to include the two ballot boxes in the recount and sent them back to the EOJ. According to section 48 of the ROPA, she is entitled to make that decision, but is also at liberty to summon witnesses to ascertain all facts surrounding the missing box before coming to that conclusion.
Magisterial recount
With the emergence of two unopened ballot boxes, even after two weeks, it's still unclear who the official winner will be in the St. Mary South East constituency. - Ian Allen /Staff Photographer
The magisterial recount is to proceed continuously, except on Sundays, until completed. Adjournments are allowed between 6:00 p.m. and 9:00 a.m. as well as for rest and refreshment. Interestingly, if the recount ends in a tie, the returning officer is allowed to cast the deciding vote, regardless of whether he had already voted or not.
In light of the pending constitutional actions against Daryl Vaz and Shahine Robinson, and the closely watched magisterial recounts in Eastern Hanover and South East St. Mary, one wonders how the story of the 2007 Elections will end.
Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.
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