BASSETERRE, St. Kitts – THE Federation’s Supervisor of Elections, Elvin Bailey, has sought to explain the roles of the Elections Commission and Boundaries Commission.
In his latest series of articles, Bailey explained that the Electoral Commission is a three-person body appointed by the Governor General. One member is nominated by the Prime Minister, another by the Leader of the Opposition and the third person is the Governor General’s deliberate choice, except that he/she must have at least seven years experience in one of several fields, mostly in the area of law.
According to Bailey, the principle role of the Elections Commission “is to guide and supervise the Supervisor of Elections”.
“When the Commission was being discussed during the independence talks of January 1983, the then Opposition proposed a single body, and that the Chair of the Commission, after being nominated by the Governor General, be voted on in the National Assembly, but without debate. This position was not accepted,” Bailey’s statement read.
Meanwhile, the Electoral Boundaries Commission is a five-person group that was also appointed by the Governor General.
The Supervisor of Elections said that two of its members are appointed on the advice of the Prime Minister and two by the Leader of the Opposition.
It was noted that they are all drawn from the National Assembly.
However, according to Bailey, “the Chairman is appointed as the Governor General’s deliberate choice, after consulting the Prime Minister, the Leader of the Opposition and any other person deemed fit for consultation”.
The Chairperson of the Commission cannot be a Parliamentarian.
“It is this body that reviews constituencies and makes recommendations to the Governor General as to the number of constituencies and the size of each one. In doing its work, it must be cognisant of the fact that there can be no less than 11 constituencies, eight in St Kitts and three in Nevis. If there is to be more than 11, then not less than a third must be in Nevis; and constituencies must be as near equal as possible,” Bailey explained.
It is said that the last Boundaries Commission had created some controversies in the way it made changes to several constituencies shortly before the 2015 General Elections.
The changes were eventually challenged by the then combined Team Unity Opposition.
In further explanation of the Boundaries Commission’s role, Bailey point out that “reviews are to be done at intervals of not less than two years and not more than five years. The results of the review exercise become contained in a Proclamation by the Governor General which is to be tabled in the National Assembly by the Prime Minister”.
He reminded that most democracies have one Electoral and Boundaries Commission, sometimes called “the Electoral Management Body”, adding that “St. Kitts and Nevis is therefore unique in this regard”.
He said this uniqueness was commented on, with a recommendation for combination, in the 2005 Report of the Commonwealth Assessment Mission.
“Charles Wilkin, QC, also commented on this situation in his 2015 book entitled Breaking the Cycle, Politics, Constitutional Change and Governance in St. Kitts and Nevis. If I understand Mr. Wilkin correctly, he is also advocating a single body once we keep the First-Past-The-Post system of elections,” he added.
Currently, the Government has a matter before the court with regards to the 2015 Boundaries Commission Report.
