Election of our political representatives is serious business. Several measures are in place to ensure the transparency and fairness of the democratic exercise on Election Day. Here are some of them:
Once the polling stations open at 6:00 a.m., each becomes an almost sacred place until it closes at 7:00 p.m. on Election Day. During that period, those who have been appointed to the ranks of Returning Officers and Presiding Officers are cloaked with high authority and powers pursuant to the Elections Act.
Provided that your name is on the Official List of Voters for that Polling Division, and you go to the appropriate polling station, you are entitled to enter the polling station. Once there, you shall give your name, residence and occupation to the Presiding Officer. The Polling Clerk will check to see if your name is on the List of Voters. When it has been ascertained that you are qualified to vote at that polling station, your name, address and occupation shall be entered in the poll book. You may be asked to be sworn or affirmed by an election officer or an agent of a candidate before you are allowed to vote.
Electoral Ink
The Presiding Officer will examine your appropriate fingers for the presence of electoral ink. He or she shall refuse to give you a ballot paper unless he or she is satisfied that you have no mark of electoral ink on your finger.
After you have completed marking your ballot, folding and returning it to the Presiding Officer to remove the counterfoil, you will be required to dip your finger in the electoral ink. For all persons who may attempt to avoid the electoral ink, the law is absolutely clear that the Presiding Officer has the authority to require the elector to remove anything which may prevent the electoral ink from adhering to his finger, unless there is an injury which prevents him from doing so. If you refuse to place your finger in the electoral ink the Presiding Officer shall destroy the ballot paper and make an entry in the poll book setting out the particulars.
As soon as you place your ballot in the ballot box you will be required to leave the polling station.
Being at or Near Polling Stations
Only the Supervisor of Elections, the Returning Officer, the Presiding Officer, Poll Clerk, the candidates, one agent for each candidate and police officers on duty are allowed to remain in the polling station while the poll is open. No candidate and his or her agent shall be in the same polling station at the same time for more than 5 consecutive minutes.
Persons are not allowed to assemble or congregate within 100 yards of the building in which the polling station is located. Persons who assemble within that area may be fined $9,600 or face imprisonment of up to six months or both.
Offences by election officers
Returning officers, presiding officers and poll clerks may also be charged with failing to perform their functions or to subscribe to the provisions of the Elections Act on Election Day. Offences such as making false entry, infringement of secrecy, knowingly allowing persons without incapacities to vote in a manner provided for those with incapacities and vice versa, and willfully preventing a person from voting when he knows the person is entitled to vote – and failing or neglecting to perform any duty imposed upon him, attract hefty fines or terms of imprisonment.
Other Offences
Members of the public have to be very careful of their dress, behaviour and conduct in general on Election Day. Here are some offences to avoid at all cost:
• The sale or gift of intoxicating liquor is prohibited between the opening and closing of the polls at any licensed premises on Election Day. If you violate this rule you are liable on summary conviction to a fine of $4,000 or to imprisonment for six (6) months.
• Employers are required to allow employees reasonable time to vote on Election Day. Moreover, no employer shall make any deduction from the pay or other remuneration of the voter or penalise him in anyway as a result of his absence during that period.
• Any employer who directly or indirectly, refuses to grant, or by intimidation, undue influence or in any other way, interferes with the granting to any voter in his employ of a period for voting is liable to a fine of $20,000 or to imprisonment for six (6) months.
• The use or supply of loud speakers, bunting, ensign, standard, set of colours or other flag, banners, carried on a motor car, truck or other vehicle or worn or used as political propaganda are prohibited on Election Day. Additionally, it is an offence for any person to use or wear, on their person, any flag, ribbon, label or other favour, as a badge, for the purpose of identifying the wearer as a supporter of any candidate, or as the supporter of the political or other opinions entertained or supposed to be entertained by any candidate.
Persons who violate this law are liable on summary conviction to a fine of $40,000 or to imprisonment for six (6) months.
These offences attract hefty fines and/or prison term. So be very careful and mind your Ps and Qs on Election Day!
THE LAW & YOU is a public legal education column written fortnightly by KEITHLEY LAKE & ASSOCIATES, Attorneys-at-Law, The Law Building in the Valley (tel:264-497-2069). The views expressed herein are not, and are not intended to be and should not be taken as, a substitute for legal advice. Please send your comments and questions to thelawandyou@anguilla-attorney.com.
