On Friday 1 April 2022 the representative for District 3 Valley North, the Hon. Evans McNiel Rogers, called on me and tendered his resignation.
In doing so, and in line with section 38(e) of the Anguilla Constitution (as amended), an immediate vacancy has now been created. This in turn initiates the process of an election of a member to serve in the vacancy.
Since this is not a general election under section 63(2) of the Constitution, in appointing the date for the holding of the election, I am not required to seek the advice of the Hon. Premier on this matter.
The process for conducting a by-election is governed by the Elections Act 2019 and Elections (Amendment) Act 2020 passed in March of 2020, which sets out the procedure by which all elections for the membership of the Assembly are to be conducted. Section 35(1) of the Act as amended provides:
“For the purpose of every general election of members of the Assembly, and for the purpose of the election of members to vacancies in such membership, the Governor shall issue a writ under the Public Seal of Anguilla to the returning officers of the respective electoral districts for which members are to be returned.”
Section 35 of the Act (as amended) requires that the Writ of Election includes:
i. the day of nomination of candidates;
ii. the day on which the poll shall be taken (not being less than 14 days after the day of such nomination); and
iii. the day on which the writ shall be returnable to the Governor.
Nomination Day
1. Given that this vacancy has arisen during the Lenten season, which ends on Thursday 14 April 2022, I have taken the decision that Nomination day should be set for once Lent and Easter have concluded.
With this in mind, and having regard to section 36(2) of the Election Act (as amended), I have set nomination day to be Friday 29 April 2022.
Polling Day
Consequentially, and by reference to section 35 of the Election Act (as amended), the election, for the purpose of electing a member to fill the vacancy in the membership of the Assembly for the electoral District 3 of Valley North, will be held on Tuesday 24 May 2022. I have informed the Hon. Premier and the Hon. Leader of the Opposition of this timeline in a joint meeting this afternoon.
I have also issued the Writ of Election and handed it to the Supervisor of Elections for onward transmission to the returning officer. I should like to place on record my thanks to Hon. Evans McNiel Rogers for his public service and contribution to Anguilla’s national development since he was first elected in 2005. He has served as Minister of Education, Minister of Health and more recently, in recognition of his years served, as Father of the House.
