Preparing for general elections

Consider This...

BY PHILIP C. GALANIS:

"A citizen of America will cross the ocean to fight for democracy, but won't cross the street to vote in a national election." - Bill Vaughan

With less than 12 months from the next general election in The Bahamas, the political temperature is rising.  Everywhere you turn, whether at work, home, church, or social gatherings, politics and prognostications pertaining to the possible or probable outcome of the next elections is on everyone's minds, and often on their tongues.  Political punditry features prominently, as much our national pastime as sports and Junkanoo.

Last week in Parliament, the prime minister tabled amendments to the Parliamentary Elections Act, which was first passed in 1992.  This week, we would like to Consider This... as we prepare for general election, do the amendments to the Parliamentary Elections Act really strengthen the process of how we select our representatives in Parliament and will these changes deepen our democracy?

As we consider these proposed amendments, we must keep in mind that one of the hallmarks of the maturity of any democracy is the ease with which its citizens are able to exercise their franchise. Another significant criterion is the level of transparency which governs the electoral process.  To voters here in The Bahamas, these things are particularly important since we are limited to having our voices heard to once every five or so years.  Since we do not have available to us any form of recall should our elected officials misbehave or generally let us down in the performance of their duties, our vote is critical to creating the kind of nation we would like to see and pass down to our children.  Therefore the rules and parameters surrounding how we cast this valuable vote are very important and any proposed changes to this precious right must be closely evaluated.

The bill introduced in Parliament last week is appropriately called the Parliamentary Elections (Amendment) Act, 2011.  One of the most important provisions in the act is that it clarifies what is required to be ordinarily resident in order to be eligible to register to vote in a constituency in the general election.  A person must be resident in the constituency in which he is seeking to be registered for the entire period of three months preceding the day on which he applies to be registered.  Notwithstanding this three month rule, there are several exceptions so that certain categories of persons will not be considered to have breached this requirement if they have been absent from their normal residence because of their service as parliamentarians, Cabinet ministers, public service employees and students.

The act seeks to ensure that only live persons and those who are not imprisoned are eligible to vote.  It places the onus on the registrar general and the superintendent of prisons to provide a list of persons who have either died or are incarcerated at Her Majesty's Prison in the preceding three months. Those lists must be sent to the parliamentary commissioner every three months so that the names of the disenfranchised can be removed from the register of voters.  Prior to this, the onus was on the parliamentary registrar to accumulate this information.

The act enables the parliamentary commissioner to correct the register of voters that might arise from changes in constituency boundaries up to 14 days after the issue of the writ of election.

The act also provides for the registration of students, members of staff of embassies, high commissions, other foreign missions, their spouses and their immediate families.   In addition, it empowers the parliamentary commissioner to appoint public officers to facilitate the registration of voters at such missions and to take such measures as are needed to facilitate this process.  This provision enables many persons who are overseas to register to vote without having to come home to do so, a definite convenience that will greatly enhance the electoral process and unquestionably broaden the democracy.

There is a provision for persons who have registered overseas or who registered in The Bahamas but will be overseas on election day, either as a result of working in a foreign mission, studying abroad or other persons so authorized to enroll as overseas voters and to vote in an overseas polling place as defined by the act.  The voting in overseas polling places will take place on the same day as the advanced poll.

There is also a provision for special voters here at home to be permitted to also vote at the advanced poll.  Special voters will include persons who are likely to be in hospital or a nursing home on election day or persons who are ill or may be unable to vote in their constituency or who may have recently given birth as well as persons who expect to be overseas on election day. Therefore, according to the amended act, in addition to the usual police and defence force officers, overseas voters and special voters will be able to vote at the advance poll.

Yet another positive provision that has been made in the act is the ability of the presiding officer to allow the voters who are present at the polling place at the time designated for the closing of the polls to vote even though the actual act of their voting would be past the closing hour. Judging by tales of long lines of voters disenfranchised by the closing of the polls in recent elections, this will be a very welcome change.

Addressing another vexing and constant problem, in order to remove any doubt about stray marks that might appear on a ballot, fingerprints or partial fingerprints made by the voter with indelible ink will not be construed as an indication of the voter's intention.  In addition, the only category of persons who will be eligible for the protest vote will be persons in possession of a voter's card, but whose names do not appear on either the relevant constituency or polling division.

The act enables the parliamentary commissioner to access the passport and immigration offices to determine the validity of passports that might be used in the electoral process.

There are other amendments that have been made to the principal act, but the amendments highlighted here are the most significant and meaningful both to Bahamian voters and to the democracy.

So what conclusions can be reached about this piece of legislation?  We believe that the government should be commended for introducing this progressive, landmark legislation. These amendments will not only greatly enhance the existing electoral process; they will deepen our democracy by enabling more persons to participate in one of the most important privileges of citizenship.

Students who, because of the Internet, are as well if not better informed about current events at home and who heretofore have been financially unable to return home to vote, unless their passage was paid for by the candidate or several candidates seeking their vote, will no longer have to bear such a financial burden nor will they feel compelled to vote for the candidate who paid their way home.  For the first time, many of them will be free to vote their conscience.  Public officers who are deployed in foreign missions will not have to bear their travel cost to return home to vote, nor would we the people have to do so any longer.  Those persons who are either sick or simply cannot be here on election day will no longer be disenfranchised. This legislation is an example of enlightened and progressive leadership, which will inure to the strengthening of our democracy.

There is, however, one caveat which we would wish to offer.  The best intentions will amount to naught if the execution of the procedures are not methodically thought out and meticulously implemented to ensure that fraud does not seep into the electoral process.  It will therefore be imperative for the government to ensure that the appropriate controls are put in place to prevent this from occurring so that all Bahamians, wherever they might be in this Commonwealth or indeed in the world, will finally have a voice in crafting the future of the nation.

Philip C. Galanis is the managing partner of HLB Galanis & Co., Chartered Accountants, Forensic & Litigation Support Services. He served 15 years in Parliament. Please send your comments topgalanis@gmail.com.

Jun 27, 2011

thenassauguardian

Caribbean Blog International