'Elections Act was breached'- Commonwealth Observers
Here since May 30, 2015, the team had observed all nine polling stations for the June 5, 2015 advance polling and had made repeated visits to 21 polling stations across the territory on Monday June 8, 2015 and observed district and territorial counting and the results tabulation process.
The team released a preliminary report of their findings today June 10, 2015 but will at the end of August 2015 present a much more detailed final report in which a number of recommendations matching the findings will be made.
“In answer to your question we are reluctant to outline our recommendations at this stage partly because the election process may not be complete. There may be ongoing issues that may need to be continued which can be related to complaints or petitions yet to be filed so we would wait for the further two months to make those recommendations,” said Matthew N. Salik, one of the experts on the observer mission.
“But if you read the [preliminary] report, you could infer from it what sort of recommendations we will make,” he added.
Inflammatory, defamatory rhetoric
The IOM’s preliminary report said that while the campaign was peaceful and vibrant and saw high levels of public engagement and the preservation of fundamental freedoms, the majority of persons members of the mission met described this campaign as the most negative they had ever witnessed.
“This consisted of personal attacks and accusations, criticism and allegations of past performance of opponents and inflammatory and defamatory rhetoric, rather than positive discussion of the major political issues,” the report said. It said too that the observers noted a heightened divisiveness of the campaign, both for society at large and within families.
Procedural breaches/perception of ballot tampering
The report said that on the day of advance polling on Friday June 5, 2015, the mission was notified that the closing process in relation to placing and sealing ballots into envelopes was not performed in the majority of polling stations.
“Not placing the ballots into separate packets is in breach of Section 49 (1) of the Elections Act. This resulted in reinforcing the perception by some parties of ballot tampering by elections officials,” said the report. “There was a clear failure by some Returning Officers to follow correct procedure. This was compounded by most candidates and agents present failing to identify and raise the erroneous process in a timely manner,” the report said.
However the mission does not feel that this compromised the secrecy of the ballot or the polling results as they relate to advance polling.
Accurate but laborious
The mission found that on polling day June 8, 2015 the process was found to be comprehensive and accurate but laborious, leading to a slow processing of voters. They said elections staff confirmed that extra polling stations and distribution of two ballots contributed significantly and positively to a less time consuming process.
Campaign financing
The mission said that the legal framework lacks regulation on campaign financing both for donations and spending.
The EOM was told repeatedly that parties or candidates were receiving large donations from business entities, underlining the need for greater transparency in campaign financing,” the mission said.
ID card inconsistencies
The mission said they were inconsistencies regarding the photo ID requested but not requested of voters upon arrival. Most voters brought their ID and offered it before being asked, demonstrating the effectiveness of the voter education and voters’ awareness on this matter. Voters were also asked to confirm their name before or after producing the ID card,” the mission said, adding that very rarely were voters asked to verify their address and occupation as outlined by law.
Counting process transparent
Both the district and territorial counts observed by the mission were transparent and well-administered, despite the length of procedures to read out each name and show each ballot to all present. “A positive aspect of this process is that it leaves little room for error, and in the case of a close result, precludes any reason for a recount due to the clarity and decisiveness of everyone seeing each ballot,” the mission said.
However, it said that the decision to wait for all territorial boxes to be transferred to the central counting venue led to an unnecessary delay in the start of the count, beginning at 11:00 PM and finishing the following afternoon.
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38 Responses to “'Elections Act was breached'- Commonwealth Observers”
The IOB "Preliminary Report" is rather interesting. As stated, it is preliminary; as such, the meat and potatoes are still to come. It is also clear that the biggie in the final report is going to be under: CAMPAIGN FINANCING.
"The mission said that the legal framework lacks regulation on campaign financing both for donations and spending.
The EOM was told repeatedly that parties or candidates were receiving large donations from business entities, underlining the need for greater transparency in campaign financing,” the mission said.
That is exactly the area under which the campaign was won, (or bought). They will have much to say regarding this. Any bets?
I am sure that the VIP did not pay for their votes. They didn't have the luxury of time on their hand to do fund-raising, or solicitations from donors. Because of that, and because the party with mega funding bought
up the majority of broadcast and advertising time from the media.
In the USA, Campaign financing and spending is regulated by law. Even left over funds after the elections must be accounted for, and cannot simply be handed out to supporters and campaign committee members. This is the most undemocratic aspect of campaigns in the BVIs. This must change or we would loose what ever little Democracy we do have.
When others, including our investors choose to make huge Donations to one party and nothing to the other party or parties, (instead of making meaningful contributions to our Health Service, our Education Department and Infrastructure), it is unhealthy for our Democracy, and actually stands to Destabilise our Democracy.
Another area the Observers will be commenting on is the area of contracts and projects being signed and started on the eve of elections.
Democracy is about fairness, and like a case in court in which the jurors must be allowed to hear the evidence on both sides of the case before a verdict is handed down, so to the electorate needs ample time to hear all sides from the contesting parties, in order to make an informed decision. That surely was not th case in this recent election.
The old folks used to say there is book-sense and common-sense. However, today, it is evident that there is a lack of both in the BVI. We therefore need to lay the blame on the educational system (pre-primary to tertiary) as well as the way that people are trained at home, in the community, and religious institutions.
They continued by saying "However the mission does not feel that this compromised the secrecy of the ballot or the polling results as they relate to advance polling.".
It is commendable that the Virgin Islands (UK) gives provision for an advance polling day which must be no later than three days before the official Election Day. Advance polling enables election-related officials (polling staff and the police), the elderly (those over 70 years old) and the incapacitated to vote. Those applicable to vote under the
election law must apply for a polling card to be presented on the day. The Supervisor of Elections noted in her 2011
recommendations that the advance polling should be extended to those voters studying or on business abroad on
Election Day. Prior to 2015, no extensions had been made. When compounded by the absence of fixed-term election
dates, a notable number of voters would have been unable to vote at this election.
On 5 June, the Observers saw the opening at two stations which commenced on time at 09:00 with a high turnout
in the early hours. The Mission went on to observe voting at all nine polling stations and the closing of two polling
stations, which closed in the prescribed way. However, the Mission was notified that the closing process in relation
to placing and sealing ballots into envelopes was not performed in the majority of polling stations. Not placing
the ballots into separate packets is in breach of section 49(1) of the Elections Act. This resulted in reinforcing the
perception by some parties of ballot-tampering by election officials. There was a clear failure by some Returning
Officers to follow correct procedures. This was further compounded by most candidates and agents present failing
to identify and raise the erroneous process in a timely manner; this is despite being given a Handbook as well
as an advance briefing. The Mission notes that in spite of the initial error, the transfer of those said ballots was
undertaken in the presence of the police and party representatives. The closing process provides for a number of
other countermeasures including counting and tallying. As such, the Mission does not feel this compromised the
secrecy of the ballot or the polling results as they relate to advance polling. In total, 886 ballots were cast for local
and territorial polling which constitutes 6.52 percent of total registered voters. This was an increase of 232 votes
from the 2011 election.
Isnt obeah a crime in the Virgin Islands????
JP need locking up along with the whole ndp slate
White people run things in here watch it
Some ayo get fool for land and house. Foolish ppl