Electoral Commission warns against illegal, corrupt practices
The Electoral Commission of Jamaica has warned electors and candidates that any attempt at rioting, open violence or intimidation at the polls today could result in the elections being voided in those areas.
In a national broadcast to the country yesterday, chairman of the commission Professor Errol Miller said the laws were clear and cautioned against any attempt to return to illicit or unethical behaviour that coloured past elections.
“To the misguided few who may be tempted to return to illegal or corrupt practices of the past, let there be no doubt whatsoever. The laws are clear; elections must not take place in circumstances of riot, civil disturbance and open violence,” said Miller. “Candidates must not win elections by fraud, violence or intimidation. The electoral laws will be enforced without fear or favour.”
He said that energies and efforts devoted to corrupt and illegal activities will be futile and bring nothing but grief to those involved. “Those who have ears to hear, let them hear,” he warned.
Under Section 37 of the Election Petitions Act, the Constituted Authority may apply to the Election Court for the voiding of the taking of a poll and include: An upsurge of violence or any irregularity during election day in one or more polling stations or polling divisions or in any electoral division or constituency which would lead to a substantial distortion or subversion of the process of free and fair election.
An application for the election to be voided can also be made where the total number of votes cast in a constituency or electoral division exceeds the number of electors on the official list for that constituency or electoral division.
A case can also be made for voiding:
. where votes have been polled by persons who are not bona fide electors thereby casting doubt on the integrity of the votes counted for the candidate declared elected; and
. where ballot boxes have been stolen or destroyed or have, in any manner, been tampered with and the number of electors on the list of electors for the polling stations is more than the difference in the number of votes cast for the candidate declared the winner and the candidate who is not declared the winner.