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...are NOT one in the same. The COA's decision helped distinguish the two. I see many forum members are of the viewpoint that votes casts should be exclusively used to declare that PPP/C has won these 2020 elections. This is fallacious. 

The recount process revealed irregularities that impacted whether a vote cast was indeed a valid vote. These irregularities were detailed in observation reports for each region. 

Many are now demanding Lowenfield ignore these reports to tally all votes cast. That would be a direct subversion of what Guyana's laws call for and what the Gazetted Order instructed.  

Lowenfield acted in accordance with the laws, Order and Court of Appeal's decision to declare on valid votes. I am confident CCJ will determine it has no jurisdiction to question the COA's decision, considered FINAL under Guyana's laws where it concerns a 177(4) matter.

Please plan accordingly for the disappointment to ensue.  

 

 

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Madame " Lawyer"  I hope you are around after APNU is out of government ( we will see). I am not a lawyer, and will wait for the CCJ ruling, there are hundreds of bicycle lawyer going around with their own views and, it has been proven on numerous occasion you err. 

I found this: A valid vote is a vote which is cast in an election which bears the official mark and where the intention of the voter (in terms of who he or she is voting for) is clear. This applies also for the recount of votes cast and is provided for in the law.
The valid votes for the 2nd March have already been determined. It was first determined by the Presiding Officer at the polling stations when the votes were counted. This is accordance with the law. The Representation of the People Act at Section 83 (4) states: β€œThe decision of the presiding officer as to the validity or otherwise of a ballot paper shall be final, subject to review by the returning officer.”
The results of the Recount mimicked the processes used at the place of poll. Votes are deemed valid in a recount so long as they bear the official marks and are marked for a list of candidates. This is provided for under Section 87 of the Representation of the People Act. The results of the recount as certified on the Statements of Recount (SORs) and as tabulated by the Returning Officers constitute the record of the valid votes cast. The Chief Elections Officer has already submitted matrices of the valid votes cast to the Commission. He is thus obligated to declare the Recount results as the valid votes, as provided for in the law.

FM
@Former Member posted:

Madame " Lawyer"  I hope you are around after APNU is out of government ( we will see). I am not a lawyer, and will wait for the CCJ ruling, there are hundreds of bicycle lawyer going around with their own views and, it has been proven on numerous occasion you err. 

I found this: A valid vote is a vote which is cast in an election which bears the official mark and where the intention of the voter (in terms of who he or she is voting for) is clear. This applies also for the recount of votes cast and is provided for in the law.
The valid votes for the 2nd March have already been determined. It was first determined by the Presiding Officer at the polling stations when the votes were counted. This is accordance with the law. The Representation of the People Act at Section 83 (4) states: β€œThe decision of the presiding officer as to the validity or otherwise of a ballot paper shall be final, subject to review by the returning officer.”
The results of the Recount mimicked the processes used at the place of poll. Votes are deemed valid in a recount so long as they bear the official marks and are marked for a list of candidates. This is provided for under Section 87 of the Representation of the People Act. The results of the recount as certified on the Statements of Recount (SORs) and as tabulated by the Returning Officers constitute the record of the valid votes cast. The Chief Elections Officer has already submitted matrices of the valid votes cast to the Commission. He is thus obligated to declare the Recount results as the valid votes, as provided for in the law.

I am not a lawyer either but I have ready access to very good lawyers and I understand that in common law countries like Guyana the law is determined by precedents.   The law on valid votes is currently as defined by the CoA.  If as expected the CCJ decides it doesn't have jurisdiction or if it upholds the CofA decision then that will be the extant law on valid votes.   They would have to be determined by both qualitative and quantitative measures, meaning the simple recount will not suffice.  

T

@Rochelle

What irregularities are you talking about ? Please do not tell me about dead people and migrants voting, and missing documents. If you are knowledgeable about voting in Guyana, it is improbable for dead people and migrants to vote. Missing documents are the sole responsibility of the Secretariat and NOT the Guyanese voting public. 

@Totaram

What is your definition of qualitative measures ? GECOM s definition are as follows. The voters’ names must be on the OLE. The voter must show identification or swear that he/she is the person on the folio. Only then the voter is given a stamped ballot paper to vote. The voter then sticks finger in ink. Note, all of this is witnessed by GECOM officials and party representatives. The vote is counted in the presence of the Presiding Officers, GECOM staff, party counting agents and observers . SOPs are created and signed by the Presiding Officers, party representatives and observers. It is the responsibility of the Presiding Officers to put the different envelopes and documents in the assigned boxes, NOT the voters.

Allegations  made on the Observation Sheets are only allegations and must be proven in a court of law. Lowenfield and GECOM has no power and authority to act on allegations.

Long Live Democracy.

B

There are marked differences between Laws/Statutes and Common Law..

1. Laws/Rules are made explicitly by a legislature and are the official statutes of a country.

2. Common Law is a group of unwritten laws based on precedents. Common Law is used in unusual situations where the outcome cannot be established by existing written rules of law or statutes.

FM
Last edited by Former Member
@BGMAN posted:

@Rochelle

What irregularities are you talking about ? Please do not tell me about dead people and migrants voting, and missing documents. If you are knowledgeable about voting in Guyana, it is improbable for dead people and migrants to vote. Missing documents are the sole responsibility of the Secretariat and NOT the Guyanese voting public. 

@Totaram

What is your definition of qualitative measures ? GECOM s definition are as follows. The voters’ names must be on the OLE. The voter must show identification or swear that he/she is the person on the folio. Only then the voter is given a stamped ballot paper to vote. The voter then sticks finger in ink. Note, all of this is witnessed by GECOM officials and party representatives. The vote is counted in the presence of the Presiding Officers, GECOM staff, party counting agents and observers . SOPs are created and signed by the Presiding Officers, party representatives and observers. It is the responsibility of the Presiding Officers to put the different envelopes and documents in the assigned boxes, NOT the voters.

Allegations  made on the Observation Sheets are only allegations and must be proven in a court of law. Lowenfield and GECOM has no power and authority to act on allegations.

Long Live Democracy.

According to the CofA it is the Gazetted Order for the recount that will determine valid votes.  That Order addresses both qualitative and quantitative considerations.

T
@Former Member posted:

There are marked differences between Laws/Statutes and Common Law..

1. Laws/Rules are made explicitly by a legislature and are the official statutes of a country.

2. Common Law is a group of unwritten laws based on precedents. Common Law is used in unusual situations where the outcome cannot be established by existing written rules of law or statutes.

It not as simple as this.  We'll let lawyers grapple with it--they make good money confusing the general population.  

T
@Former Member posted:

Madame " Lawyer"  I hope you are around after APNU is out of government ( we will see). I am not a lawyer, and will wait for the CCJ ruling, there are hundreds of bicycle lawyer going around with their own views and, it has been proven on numerous occasion you err. 

I found this: A valid vote is a vote which is cast in an election which bears the official mark and where the intention of the voter (in terms of who he or she is voting for) is clear. This applies also for the recount of votes cast and is provided for in the law.
The valid votes for the 2nd March have already been determined. It was first determined by the Presiding Officer at the polling stations when the votes were counted. This is accordance with the law. The Representation of the People Act at Section 83 (4) states: β€œThe decision of the presiding officer as to the validity or otherwise of a ballot paper shall be final, subject to review by the returning officer.”
The results of the Recount mimicked the processes used at the place of poll. Votes are deemed valid in a recount so long as they bear the official marks and are marked for a list of candidates. This is provided for under Section 87 of the Representation of the People Act. The results of the recount as certified on the Statements of Recount (SORs) and as tabulated by the Returning Officers constitute the record of the valid votes cast. The Chief Elections Officer has already submitted matrices of the valid votes cast to the Commission. He is thus obligated to declare the Recount results as the valid votes, as provided for in the law.

The foregoing assumes that the voters authenticity has been established and were entitled to cast the ballots. The recount revealed that there were ballots cast that were not authentic. So one cannot simply go by the ballot appropriately marked and evidence of selection  of a valid party as legitimate voters. 

FM
Last edited by Former Member
@Former Member posted:

There are marked differences between Laws/Statutes and Common Law..

1. Laws/Rules are made explicitly by a legislature and are the official statutes of a country.

2. Common Law is a group of unwritten laws based on precedents. Common Law is used in unusual situations where the outcome cannot be established by existing written rules of law or statutes.

Hope the PPP lawyers are paying attention to these marked differences that you so aptly stated.

Mitwah
@Former Member posted:

The foregoing assumes that the voters authenticity has been established and were entitled to cast the ballots. The recount revealed that there were ballots cast that were not authentic. So one cannot simply go by the ballot appropriately marked and evidence of selection  of a valid party as legitimate voters. 

 While the recount reveal ballots that were not authentic, it was a accusation. I have yet to see APNU’s proof of any fraud to support their baseless allegations.

1. Election irregularities do not equate to fraud. Fraud requires proof of an intentional deceptive act by someone - a mistake or negligence by an official is not enough.

2. What Mr Mingo did was fraud. It was an intentional deceptive act meant to steal an election. There is proof of this from the many witnesses who saw it and from the documents (Mingo’s made up numbers v. the statements of recount).


Below are snippets from the Caricom report.

No photo description available.

Image may contain: text

FM

Rochelle can't see past her nose.    Lowenfield is a crook and a thief. week after week he skimmed off the top and gave the Criminalistic party the most votes and called them valid votes, then claimed that the PPP votes are not valid.  They took over 100 days to count a few votes. They said that there would be big trouble if the PNC does not win.

R

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