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FM
Former Member

GECOM’s house-to-house registration will breach constitutional right of thousands of Guyanese citizens to vote

By Staff Writer On April 2, 2019 In Letters to the Editor |

https://www.stabroeknews.com/2...se-citizens-to-vote/

Dear Editor,

It is now public knowledge that without the support of the People’s Progressive Party (PPP)-nominated Guyana Elections Commission (GECOM) Commissioners, GECOM is moving to house-to-house registration. It is also public knowledge that this decision of GECOM is a direct response to a call from Congress Place. I feel impelled to reiterate that since his appointment, the Chairman of GECOM has concurred, by use of his casting vote when necessary, with every position advocated by Congress Place and the Government-nominated GECOM Commissioners.

The move to house-to-house registration is said to be predicated upon the ground that the Voters’ List is “bloated” with dead persons and persons who have migrated. The reason proffered for this proposed exercise is to sanitise the list of these two categories of occupants.

 It cannot be disputed that the List can be cleansed of dead persons by a simple engagement between the Chief Election Officer and the Office of the Registrar General. Such an engagement of comparing the relevant data and making the adjustments can be accomplished with relative ease within a fortnight. Naturally, this does not require the tedious, expansive and anachronistic methodology of a house-to-house inspection – a process to which there is rarely resort in this technological age, elsewhere.

However, it is the decision to resort to house-to-house registration with the express intention of removing persons from the List, who maybe out of Guyana, that agitates my apprehension. In my considered view, such an exercise is fraught with hazards, including, the violation of the Constitution and the constitutional rights of qualified electors to vote and creating the potential for a subsequent vitiation of the entire elections.

A convenient point to begin is perhaps Article 59 of the Constitution. It provides thus:

“Subject to the provisions of article 159, every person may vote at an election if he or she is of age eighteen years or upwards and is either a citizen of Guyana or a Commonwealth citizen domiciled and resident in Guyana.”

Article 159 provides that no one shall vote at an election unless he is registered as an elector and a person shall be qualified to be so registered, if on the qualifying day, that person is eighteen years and over and a citizen of Guyana or, a Commonwealth citizen, who is domiciled and resident in Guyana for a period of one year immediately preceding the qualifying date.

The bewildering construction recently placed on the Constitution, notwithstanding, it is excruciatingly clear that neither residency nor domicile within the State of Guyana are qualifications, which a citizen of Guyana must possess before he is eligible for to vote or to be registered as an elector. The natural corollary is the lack of residency and domicile within the State of Guyana cannot be the basis for disqualifying a person from being registered or from voting. In short, a Guyanese, residing either permanently or temporarily in Timbuktu, once he or she is eighteen years and over is qualified to be registered and, if registered, is qualified to vote. At this juncture, it is apposite that I emphasize that by acquiring citizenship of another country, a Guyanese citizen, does not necessarily lose his/her Guyanese citizenship. He/she remains a citizen of Guyana and, therefore, qualifies to be registered and, if registered, qualifies to vote. So, while dual citizens are disqualified from being elected, they are not disqualified from being electors.

GECOM is now proceeding on a house-to-house registration to create a new List of National Registrants from which the Preliminary Voters’ List will be extracted and this is being done  with the stated intention of excluding persons, who will be absent from Guyana during the exercise. Consequently, those persons who are currently duly registered and are on the List and but absent from Guyana are now going to be intentionally excluded from the List in this proposed process, as this is one of the stated purposes of this exercise. In other words, these persons are going to be de-registered and thereby disqualified from voting and denied their constitutional right to vote, through no fault of theirs.

The ultimate consequence of this decision of GECOM is that GECOM is, indirectly, adding a new qualifying requirement to vote, which is not provided for by the Constitution, and which is ultra vires the Constitution: that requirement is “residency within Guyana.” This is clearly unlawful and unconstitutional.

It is this identical issue which formed the basis of Justice Claudette Singh’s decision vitiating the 1997 elections. The Judge found that the Election Laws Amendment Acts No. 12 of 1996 and No. 22 of 1997 were unconstitutional and void, in that they sought to add to the qualifications or disqualifications of electors prescribed by articles 59 and 159 of the Constitution by imposing the requirement of a Voter ID card.

Her Honour, cited the dictum of Hamilton J in the case of Greidlinger v Davis 9887 Fed. 2d 1344 (4th Cir 1993):

“It is axiomatic that no right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live.  Other rights, even the most basic, are illusory if the right to vote is undermined.”

And then Justice Singh observed thus:

“It becomes clear then, that any prohibition, restriction or limitation on the right to vote must be viewed with a close and critical eye since any such encroachment would be a bar to that voter’s right to have a voice in the elections of his representatives in government.” In Reynolds v Sims 377 US 554 at 1378, Chief Justice Warren posits “It has been repeatedly recognised that all qualified voters have a constitutionally protected right to vote.” Approving, this dictum Justice Singh held that in Guyana the right to vote of a qualified elector is a constitutionally protected right.

Moreover, in Krammer v Union School District 395 US 627 at 1889, Chief Justice Warren’s criticisms of statutes denying the right to vote are apposite:

“Any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of representative government. Thus, state apportionment statutes, which may dilute the effectiveness of some citizens’ votes, receive close scrutiny from this Court- No less rigid an examination is applicable to statutes denying the franchise to citizens who are otherwise qualified by residence or age.”

It is submitted that although Chief Justice Warren’s objections were directed to statutes his admonitions apply with equal force to actions, decisions and processes that have like, similar or identical consequences on the right to vote.

In the Esther Perreira case Justice Claudette Singh examined the two pieces of legislation to determine the “pith and substance” of their effect and found that “The constitutional right to vote would be denied to any person who did not produce such a card” but who would otherwise have been qualified to vote under the Constitution.

Reverting to the situation at hand: there are thousands of citizens of Guyana, 18 years and over, who are currently registered and therefore, qualified to vote (which as the legal authorities cited above established is a constitutional right) and who intend to vote at the next elections; however, these persons are overseas and plan to return home to vote when the date for elections are fixed; the decision of GECOM to embark upon a house-to-house registration which will result in a new voters’ list will exclude those persons if they are not present in Guyana. As a result, this exercise by GECOM will, therefore, disqualify these persons since they would be excluded from the new list, thereby depriving them of a constitutional right to vote, which they now enjoy, without any fault of theirs, as it cannot be doubted that the “pith and substance” of this exercise is to cleanse the list of these persons who are currently qualified to vote. This, I submit must be unconstitutional.

Speaking of the agreement between all the parties in Parliament to the use of the Voter’s ID card which consequently led to the unanimous passage of the two pieces of legislation referred to above, Justice Claudette Singh issued the following exhortation:

“It follows therefore, that no political party can arrogate unto itself the power to barter away or waive the constitutional right of members of the electorate. The voice of members of the electorate to speak through the ballot cannot be silenced by arrogant agreements among political parties. Even Parliament cannot do so since the voice of members of the electorate to speak through the ballot is a constitutional right under Article 59.”

If the political parties nor even Parliament can do it by ordinary legislation, GECOM certainly cannot do it by house to house registration!

Yours faithfully,

Mohabir Anil Nandlall

Replies sorted oldest to newest

Anil seh that house-to-house registration is a "violation of the Constitution"

wheels coming off

April 30 is like sunup to the Robb Street vampires

where is that mediocre litigious fraud Chris Ram?

CCJ hand he wan bax

smfh

FM
Last edited by Former Member
ronan posted:

Anil seh that house-to-house registration is a "violation of the Constitution"

wheels coming off

smh

One of the reasons the PPP was pushing for early elections, they don't want the bloated list to be sanitized.

Their plan backfired !!!  the "genius and boss man"  hailed by his supporters have to go back to the drawing board. They seem to forget Prezi Granger the silent man is an avid chess player.

Django

Hey hey hey...abie one love Ronan...hey hey hey...dem PNC bais playing foh delay de eleckshun after 2020...hey hey hey. De Labba tell ayoo there will be no eleckshun in 2019 and de Labba saying dem PNC bais playing for after 2020...dis liss thing is wan good excuse. Hey hey hey...

FM
ronan posted:

Anil seh that house-to-house registration is a "violation of the Constitution"

wheels coming off

April 30 is like sunup to the Robb Street vampires

where is that mediocre litigious fraud Chris Ram?

CCJ hand he wan bax

smfh

Its hard for me to believe that the PPP dont wany to clean up the list (despite Anil's fulminations). I believe they believe, incorrectly, that the discontent with the coalition is so high that they can win with a bloated list. 

I am also guessing that they are calculating that if they lose with the current bloated list...it will give then an opportunity to cry foul and argue that the PNC rigged the election... 

V
VishMahabir posted:
ronan posted:

Anil seh that house-to-house registration is a "violation of the Constitution"

wheels coming off

April 30 is like sunup to the Robb Street vampires

where is that mediocre litigious fraud Chris Ram?

CCJ hand he wan bax

smfh

Its hard for me to believe that the PPP dont wany to clean up the list (despite Anil's fulminations). I believe they believe, incorrectly, that the discontent with the coalition is so high that they can win with a bloated list. 

I am also guessing that they are calculating that if they lose with the current bloated list...it will give then an opportunity to cry foul and argue that the PNC rigged the election... 

I believe Chris Ram looking for another case to fire off another letter to the press...

V
Labba posted:

dem PNC bais playing foh delay de eleckshun after 2020..

are you high?

Anil filing idiot court pleadings and you somehow attribute his stupidness to PNC "delay" tactics . . . huh?

memo: "PNC" and all fair minded people want a clean list; is you, charandass and jagdeo's Robb Street gang tearing pages out of kabaka rigging playbook to get y'all grubby hands on ile money

2020 elections was NEVER in jeopardy! . . . house-to-house was on the agenda since since before NCV last year

FM
Last edited by Former Member
ronan posted:
Labba posted:

dem PNC bais playing foh delay de eleckshun after 2020..

are you high?

Anil filing idiot court pleadings and you somehow attribute his stupidness to PNC "delay" tactics . . . huh?

memo: "PNC" and all fair minded people want a clean list; is you, charandass and jagdeo's Robb Street gang tearing pages out of kabaka rigging playbook to get y'all grubby hands on ile money

2020 elections was NEVER in jeopardy! . . . house-to-house was on the agenda since since before NCV last year

Hey hey hey...me see ayoo one love WPA buddy Freddie seh how he was influence by dem high culture Putagee peopkle...hey hey hey. Muss ask ayoo bai Ogunseye de anti-Indian mastermind who kill Indos and in de one love Granger govt who gat dem haan pon de aile money...hey hey hey. 

FM
Labba posted:
ronan posted:
Labba posted:

dem PNC bais playing foh delay de eleckshun after 2020..

are you high?

Anil filing idiot court pleadings and you somehow attribute his stupidness to PNC "delay" tactics . . . huh?

memo: "PNC" and all fair minded people want a clean list; is you, charandass and jagdeo's Robb Street gang tearing pages out of kabaka rigging playbook to get y'all grubby hands on ile money

2020 elections was NEVER in jeopardy! . . . house-to-house was on the agenda since since before NCV last year

Hey hey hey...me see ayoo one love WPA buddy Freddie seh how he was influence by dem high culture Putagee peopkle...hey hey hey. Muss ask ayoo bai Ogunseye de anti-Indian mastermind who kill Indos and in de one love Granger govt who gat dem haan pon de aile money...hey hey hey. 

ease up on the red herring sales pitch

yuh 'cane juice' hussle was more dignified

FM
Last edited by Former Member

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

FM
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

Hey hey hey...doh is part of dem plan foh true.

FM
Labba posted:
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

Hey hey hey...doh is part of dem plan foh true.

let me get this straight

house-to-house registration required by law is now a no no . . . huh?

why was this not an issue last year (before NCV) and in ALL years past?

what next . . . no more census?

y'all pun drugs

FM
Last edited by Former Member
ronan posted:
Labba posted:
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

Hey hey hey...doh is part of dem plan foh true.

let me get this straight

house-to-house registration mandated by law is now a no no . . . huh?

why was this not an issue last year (before NCV) and in ALL years past?

y'all pun drugs

waderass?

Nah abie watching ayoo pad de liss wid farrin peopkle...hey hey hey.

FM
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

All sorts of red herrings  floating around, why stalling HTH registration, the list is bloated.

Let FREE AND FAIR elections prevail. 

Django
Labba posted:
ronan posted:
Labba posted:
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

Hey hey hey...doh is part of dem plan foh true.

let me get this straight

house-to-house registration mandated by law is now a no no . . . huh?

why was this not an issue last year (before NCV) and in ALL years past?

y'all pun drugs

waderass?

Nah abie watching ayoo pad de liss wid farrin peopkle...hey hey hey.

banna, you claim that you (and ROAR) didn't care for NCV and always supported scheduled elections in 2020 . . . after mandatory house-to-house, btw

you are a mealy-mouthed fraud talking out of 3 sides of your mouth!

when you traffic in dishonesty, you better have elephant recall

smh

FM
Last edited by Former Member
ronan posted:
Labba posted:
ronan posted:
Labba posted:
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

Regarding " bloated  list" ….each register political parties supposed to have a polling agent at every station. Register voters  walking into the polling station, will be the only vote cast on that day. 

The odds are in APNU favor to rig the election with the current list and a new list. 

The current list. APNU supporters will bully the PPP polling agent in areas like Buxton and Sophia. The box will be stuff with the "bloated list voters "

New House to house registration . This process will allow the additional 5000 plus Haitians to cast their votes for APNU.

Each political parties have two weeks to canvas every village to verify the names on the list. The extra names can be remove from the data at GECOM. 

 

Hey hey hey...doh is part of dem plan foh true.

let me get this straight

house-to-house registration mandated by law is now a no no . . . huh?

why was this not an issue last year (before NCV) and in ALL years past?

y'all pun drugs

waderass?

Nah abie watching ayoo pad de liss wid farrin peopkle...hey hey hey.

banna, you claim that you (and ROAR) didn't care for NCV and always supported scheduled elections in 2020 . . . after mandatory house-to-house, btw

you are a mealy-mouthed fraud talking out of 3 sides of your mouth!

when you traffic in dishonesty, you better have elephant recall

smh

Nah...abie doan truss ayoo so abie muss assume ayoo up to no good. Doh is de bess strategy foh abie dese. Doh doan have anything to do with who support NCV. Abie keeping wan sharp eye pon de history riggers. Abie know who histry seh was de biggest rigger...hey hey hey. 

FM
VishMahabir posted:
ronan posted:

Anil seh that house-to-house registration is a "violation of the Constitution"

wheels coming off

April 30 is like sunup to the Robb Street vampires

where is that mediocre litigious fraud Chris Ram?

CCJ hand he wan bax

smfh

Its hard for me to believe that the PPP dont wany to clean up the list (despite Anil's fulminations). I believe they believe, incorrectly, that the discontent with the coalition is so high that they can win with a bloated list. 

I am also guessing that they are calculating that if they lose with the current bloated list...it will give then an opportunity to cry foul and argue that the PNC rigged the election... 

De PPP boys na gat history of thiefin  ballot baxes like Hyena thiefin from cheetahs. for dis reason me na think them dead people on the list go vote. And if go vote me na think them go vote PPP. Dead people does only vote for the de pnc. dis house to house registration is suspicious amongst all quartahs. dem people suspect de govament gon add phantom names to the list like Hammie added 500 phantom names on the GT mayuh & city council payroll making the city cash poor. in addition, de people suspect them gon delete names of legitamate voters in the strangholds over them adversary.

Billy Ram Balgobin
Dave posted:

APNU want house to house registration to register the 5000 plus Haitians they brought in the country within the last 3 years. 

 

No they want to remove all the Chinese who the PPP brought in. Where are these Haitians except in the minds of Indo Nazi insects?

Haitians aren't going to stay in Guyana when they can earn Euros in French Guiana.  They only reason why they came through Guyana is when a Curacao airline which they used to use to back track through Suriname collapsed so they then had to switch to travel via Panama into Guyana.  Then back track to Suriname and onwards.

If Haitians are living in Guyana illegally I bet that the PPP has the competence to find them.

FM
Billy Ram Balgobin posted:
 

 

De PPP boys na gat history of thiefin  ballot baxes

no they just stuff them with fake ballots and then use fake SOPs.  they did it in 2011 so the folks were ready for them in 2015.  Jagdeo has a hysterical break down when the fakes were unearthed and removed from the totals. 

That's why he beat up Ramotar to pulp for not doing a better rigging job.  Now all Ramotar can do is write letters for the PPP.

FM
caribny posted:
Billy Ram Balgobin posted:
 

 

De PPP boys na gat history of thiefin  ballot baxes

no they just stuff them with fake ballots and then use fake SOPs.  they did it in 2011 so the folks were ready for them in 2015.  Jagdeo has a hysterical break down when the fakes were unearthed and removed from the totals. 

That's why he beat up Ramotar to pulp for not doing a better rigging job.  Now all Ramotar can do is write letters for the PPP.

You know them PPP people, dem dozz beat people to a pulp!!

seriously, how do you rig and frig the SOP?  Do the give the PNC site observers fake SOPs?

Baseman
Baseman posted:
 

You know them PPP people, dem dozz beat people to a pulp!!

seriously, how do you rig and frig the SOP?  Do the give the PNC site observers fake SOPs?

The PPP were masters at rigging in places where the PNC had poor cover.  They tried that in 2015 and were caught.

And yes the PPP sent Phantoms to beat up and kill people.

FM
caribny posted:
Baseman posted:
 

You know them PPP people, dem dozz beat people to a pulp!!

seriously, how do you rig and frig the SOP?  Do the give the PNC site observers fake SOPs?

The PPP were masters at rigging in places where the PNC had poor cover.  They tried that in 2015 and were caught.

And yes the PPP sent Phantoms to beat up and kill people.

I ask you a question, don’t come back with gibberish.  How do the rig the SOPs that the PNC reps possess?

Baseman
Baseman posted:
caribny posted:
Baseman posted:
 

You know them PPP people, dem dozz beat people to a pulp!!

 

I ask you a question, don’t come back with gibberish.  How do the rig the SOPs that the PNC reps possess?

And I gave you the answer.  In places where the PNC had few reps they couldn't very the SOPs or that all ballots were validly cast.  Regions 1 and 6 were infamous for that.

No worries though, the PPP was caught in 2015 and Ramotar carried injuries from the beatings that he got from Jagdeo.    Jagdeo called him an idiot and demanded to know why he lost an election when the PPP had never lost one except when the PNC was fully in control.

FM

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