MEMBER of Parliament for St Catherine South Western Everald Warmington has proposed major changes to the Representation of the People Act (ROPA), which sets the rules for voting in Jamaica.

In a motion moved in the House of Representatives on Tuesday, Warmington — who sits on the Government benches in the House of Representatives — called for the scrapping of the rule for voters to mark a cross (X) for their vote to be counted, and an extension of the voting hours, among other changes to ROPA. He also called for a full re-verification of the voters’ list.

Under ROPA, which was last amended in 2020, for a vote to be counted it must be marked with an X with a black lead pencil.

But Warmington argues that this is both unnecessary and restrictive and as such, wants the relevant section of the Act amended.

“Whereas Section 35, Subsection 3 of the Representation of the People Act states that the elector shall forthwith enter the enclosed area of the polling centre so provided and make a mark with a black lead pencil within the space containing the name of the candidate of his choice.

“And whereas there are other implements other than a black lead pencil that can also make such mark for the candidate of one’s choice.

“And whereas there are other marks other than a cross that an elector may make.

“Be it resolved that this honourable House takes the necessary action to have the appropriate amendments done …to provide that any implement that an elector finds appropriate or convenient to be used to make the required mark shall be lawful,” Warmington said in the motion.

The veteran MP also wants further amendments made to the said Section 35 Subsection 3 “to make any mark on a ballot by an elector in the space containing the name of the candidate of his choice, or where the intent of the elector can be discerned, to be valid and not limited to a cross”.

The issue of voter intent has often been contentious during magisterial recounts where the margin of victory is narrow. Where ROPA is applied, as presently worded, a mark, other than an X, while it may be in the correct box, has cost some candidates victory.

Warmington went further on Tuesday, calling for Section 41(A) Subsection 1 of the ROPA to also be amended.

The section specifies that, “Every candidate in an election may appoint such persons as he thinks fit to be outdoor agents and shall issue to any such agent appointed by him, a certificate of appointment in the prescribed form specifying the polling station in respect of which the agent is appointed”.

Warmington told the House that in many cases, members of the security forces, returning officers, election day workers, and auxiliary (one-day) police, have prevented these agents from effectively carrying out their functions for which they were appointed.

He charged that the reason usually given is that these agents cannot be on the compound where the polling is being conducted and in other cases, that agents must be hundreds of metres away from the polling station.

Warmington pointed to Section 41(A) Subsection 3 of ROPA which states that the distance of the outdoor agent must not be less than 20 yards from the polling station.

“No agent can carry out the function for which he or she is appointed being such distance from where the poll is being conducted,” he argued, and tabled in the motion that “Section 41(A) Subsection 1 of the Representation of the People Act be amended to allow the person appointed by a candidate as his agent, to be in the precinct of, and closer than 20 yards to the polling station as now specified, so that agents will be able to carry out the duties for which that agent was appointed”.

Turning to the voting hours, Warmington pointed out that under ROPA Jamaicans are allowed to vote between 7:00 am and 5:00 pm. People in line at a polling station at 5:00 pm are allowed to vote, but he wants electors to be given an additional hour to cast their ballots and wants Subsection 33 of ROPA to be amended to reflect this.

The subsection specifies that “the poll shall be taken in each polling station between the hours of 7 o’clock in the forenoon and 5 o’clock in the afternoon”.

But, Warmington moved that, “Whereas there are changes to circumstances that would have influenced the setting of the time for polling.

“And whereas we’re now in an electronic age, be it resolved that Section 33 of the ROPA be amended, allowing the time of polling on election day to be between 7 in the forenoon and 6 in the afternoon.”

He also wants another controversial issue addressed.

Based on the existing law, if a ballot is found with the counterfoil attached while the votes are being counted, “The presiding officer shall carefully conceal the number thereon from all persons present, and without examining them himself, remove and destroy such counterfoil. He shall not reject the ballot merely by reason of his former failure to remove the counterfoil”.

Warmington said the relevant section of the Act should be amended to add, “all the counterfoil having been removed above or below the perforated line”.

In addition, Warmington wants money allocated to carry out a full re-verification of the voters’ list to determine how many people are actually registered to vote.

He noted that a partial re-verification was done about 15 years ago and argued that it is time to go further.

“Whereas the current voters’ list reflects a distorted number of actual electors in Jamaica, but instead an inflated number, and whereas the number given after an election as voter turnout does not reflect the true percentage.

“Be it resolved that the Government immediately provide the funds necessary for the Electoral Office of Jamaica to embark on a total re-verification of the voters in Jamaica,” said Warmington in his motion.

Parliament is to determine if, and when, Warmington’s motion will be debated.

Jamaicans are slated to next vote in local government elections in 2028, while the next general election is due by 2030.

A Jamaica Labour Party outdoor agent interacting with people waiting in line to cast their vote at Seaward Primary and Junior High School in St Andrew on Election Day, September 3, 2025. (Photo: Naphtali Junior)