Dear Editor,
Observers not intimately familiar with Guyana’s electoral process may not grasp the disconnection with the Laws of the Land, procedures of GECOM and the actualities that obtain on Election Day.
At the urging of party officials, persons gather outside of polling stations to intimidate voters, while this is clearly against the law, it often occurs without a strong police response. GECOM staff will often ignore the manual of procedures and not recognize the right of party polling agents to be placed in polling stations; GECOM staff try and (sometimes) succeed in ejecting party polling agents during the counting process; Gecom Presiding Officers will often not allow party polling agents to place seals on envelopes as allowed for by Law.
For the information of all concerned parties, here is an overview of what is prescribed in law and recommendations based on a review of the GECOM manual and practical experience as a party agent.
We will assume the following;
● Police protection is afforded each polling station all day (This is mandatory).
● Counting in the polling station is over.
● The statement of poll has been filled out by the GECOM presiding officer and has been signed by all polling agents present.
The Statement of Poll (SOP)
1. Two copies of the SOP are placed in envelopes for the Regional Returning Officer and the Chief Election Officer.
2. Both of these envelopes will be affixed with GECOM and Party seals.
3. A copy of the SOP is given to each of the party polling agents present.
4. All materials are then packed into the clear plastic GECOM Ballot boxes, including the unused ballots.
5.At that point, the SOP is affixed to the door of the polling station.
SOP Destinations
1. The SOP is now with the GECOM Presiding officer and staff who are provided transport and security by GECOM and the Police force.
2. Party Polling Agents follow the GECOM vehicle (in acknowledged convoy) and ensure the GECOM SOP’s are handed over to the DRO with the PO’s and Party Agents’ seal placed thereon intact.
3. Party Agents must be present at all times within the DRO office while the SOPs are there.
4. Party Polling agents hand over responsibility to party
Agents at the Office of the DRO and proceed to deliver their SOP copies to Party Representative. Challenges at this stage
1. While Parties urge their polling agents to insist on
accompanying the SOP by entering the GECOM vehicle, this is not practical and is ill-advised. Often there is simply no space and the police will order the polling agents to find their own transport.
The SOPs in GECOM possession need to be accompanied/ closely followed to ensure integrity.
Polling agents are also tasked with getting their copy of the SOP to their party.
Polling agents were not allowed to use their own cars or may not own a vehicle.
Polling Agents are often left waiting on transport from command centres.
Command centres sometimes wait until all polling stations in a cluster have completed their tasks before dispatching group transport.
A vehicle/operative needs to be available to ensure that the GECOM SOP is never out of sight.
The insertion of Deputy Returning Officers into the process of transmission of SOPs to the Returning Officer; this was/is enabled by an administrative decision of GECOM in contravention of the relevant existing law. If we are to continue with this arrangement, security arrangements need to be tightened for stringency and security of the SOP’s.
The Deputy (Regional) Returning Officer
SOP’s are delivered to various Deputy Returning Officers.
Challenges
The rate of hand-over of SOP’s varies by Region and is determined by transportation infrastructure and distance.
Counting begins at random times due to the challenge outlined in 1.
Party Counting Agents and Observers are often caught unprepared for the count.
DRO’s have conducted counts without all party agents present.
Solution
There should be enough time for the Party Counting Agent to have in their copies of SOPs in possession.
The Returning Officer (Regional)
There must be an agreed fixed time for the commencement of the counting of the votes by the RO.
The RO must, in the presence of the persons entitled to be present, ascertain the total votes cast in favour of each list in the district by adding up the votes recorded in favour of the list in accordance with the SOP tabulations (Form 24).
Party Counting Agents must be allowed to ascertain the accuracy of the numbers being added up by the RO by referring to their respective copies of the SOPs being dealt with. Party Counting Agents must be in possession of legitimate copies of the relevant SOPs to so do.
Having ascertained the total votes cast in the Region for each Political party, by adding up the totals on the tabulation (Form 24) provided by the DRO’s, and providing there is no request for recount of votes based upon discrepancies or other issues, the RO must publicly declare the votes recorded for each Party. (See Section 95(1) of the Representation of the People Act.
The RO’s declaration cannot be delayed for any reason including want of clearance from the Chief Election Officer (CEO) for him/her to make his/her declaration upon completion of the count.
On ascertaining the votes cast in the District for each List of Candidates in accordance with the prescribed procedures (see Section 95 of the Representation of the People Act), the RO shall communicate to the Chief Election Officer, by the quickest available means, the total number of valid votes cast in the District for each List of Candidates.
Form 24 is the Statutory Form on which the results for the District must be documented by the RO. This Form, when completed by the RO can be photographed and sent to the CEO via WhatsApp while an original copy is couriered to the CEO
A police escort should accompany the Original Form 24 as it is couriered to the CEO.
The Laws that govern our electoral process are written with a view that the Returning Officers are the ones who count and release results. The Chief Election Officer should not interfere with this process as it is outside of his/her legal remit. All of the procedures outlined above are supported by law; it is my fervent hope that we move towards a lawful electoral process and abandon the interference by the GECOM Secretariat as has become the norm in recent times.
Yours faithfully,
Robin Singh
