3rd October, 2007
Honourable Sam Condor
Chairman
Parliamentary Constitutional and Electoral Reform
and Boundaries Committee
Government Headquarters
Church Street
Basseterre
St. Kitts
Dear Mr Condor
I refer to the meeting at the Prime Minister’s offices on 25th July 2007 at which the Honourable Prime Minister and you met with representatives of the Chamber to discuss our concerns regarding the electoral reform process. At that meeting you indicated that, although the National Advisory Electoral Reform and Boundaries Committee had reported, its work was not concluded and Government would welcome further representations on electoral reform from any interested person or organization. Accordingly, the Chamber membership met on 26th September 2007 and directed me to submit the proposals set out below.
These proposals include recommendations made in the presentation dated 21st August 2007 submitted to you by Messrs Charles Wilkin Q.C. and Emile Ferdinand (in their personal capacities) on the three issues of qualification for registration as a voter, the registration process and the dispute resolution process. The Chamber fully supports their recommendations and reasoning. We point out that the Wilkin/Ferdinand recommendations provide substantially more detail on the three issues than are contained in the National Advisory Committee report.
Attached is the standard questionnaire form the introduction of which the Chamber strongly recommends to be completed by every applicant for inclusion in the voters list. There should be no issue with a form for this purpose because we already have to complete forms for a passport, social security registration, citizenship by descent, land purchase, drivers licence, electricity service, water service, planning approval and a host of other Government services. A form of this type provides a fair and standard way to obtain all information relevant to determine the constituency in which the applicant should be registered to vote and to deter abuse of the system which now occurs.
CHAMBER RECOMMENDATIONS
Voters List
There should be a total re-registration of voters leading to a new voters list. That process should take place entirely within St. Kitts and Nevis.
Identification of voters
Each voter should, in order to receive a ballot for voting on Election Day, be required to identify himself/herself by producing an identification card containing his/her full name (including all Christian names), nationality, residential address and photograph. The Chamber expresses no opinion whether or not the card should contain the voter’s fingerprint, but is strongly of the view that any voter id card must contain the elements practically required to prevent voter fraud.
Boundaries review
The final review of the boundaries of electoral constituencies should follow the completion of the new voters list so that the constitutional principle that all constituencies shall contain as nearly equal numbers of inhabitants as reasonably practicable can be genuinely implemented.
Qualification for registration as a voter
1. A citizen of St. Kitts and Nevis over the age of 18 years and resident in St. Kitts-Nevis should be entitled to register to vote in the constituency in which he/she is ordinarily resident. The current definition of ‘ordinary residence’ should be replaced with the following definition -
“Any question as to a person’s residence on the dates for application for registration shall be determined in accordance with the general principles applied in determining questions as to a person’s residence and, in particular, regard shall be had to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from the address in question.”
This will make the test of residence an objective one (that is capable of independent assessment) rather than the present subjective one (at the choice of the voter) which has been abused.
2. Ordinary residence in St. Kitts and Nevis should be the only voting qualification for citizens of St. Kitts and Nevis. If however it is felt that the horse has already bolted by the current law allowing voting by citizens resident abroad, the requirement of domicile (which is totally inappropriate as a matter of law) should be replaced with the requirement that a citizen of St. Kitts and Nevis over the age of 18 years and resident abroad should qualify to vote in a constituency with which he has a “real connection” such as being his place of birth or the last place of residence in St. Kitts and Nevis for more than 12 months as verifiable by documentary proof. The real connection of the voter with the constituency should be tested by the applicant completing a questionnaire designed to determine whether he/she does have the ‘real connection’ required. He/she should also produce an affidavit of a person resident and on the voters list for that constituency verifying the answers to the questionnaire. The applicant should also himself/herself swear an affidavit as to the truth of his/her answers to the questionnaire. The questionnaire attached which we recommended for completion by residents should be adapted to cover this type of applicant.
3. A Commonwealth citizen over the age of 18 should be qualified to register to vote after he/she has resided in St. Kitts and Nevis continuously for 12 months but should lose the right once he/she ceases to reside here.
4. Economic citizens - In order to qualify as a voter this category of citizen should be ordinarily resident in St. Kitts and Nevis in accordance with 1 above.
Registration Process
The current registration process is lax and totally unsatisfactory. We recommend:-
1. There should be a standard questionnaire which each applicant claiming a residence qualification must complete at the registration office. An applicant should be allowed to bring with him/her one person to assist in completing the questionnaire. The questionnaire would impose a standard for all applicants. A model questionnaire is attached as Appendix A.
The purpose of questions 12 to 16 on Appendix A is to provide a deterrent to false statements of the applicant’s address in 4. If he states an address in 4 but answers no to question 12 he could be exposed to a perjury charge if it is proven on objection that he does spend more than 36 hours per week at an address other than that in 4. It will also enable the registration officer to determine which of 2 addresses is the ordinary residence of an applicant who genuinely spends substantial time at more than one address.
2. The applicant should verify the truth of his/her answers to the questionnaire by an oath taken before the registration officer. Registration officers should for the purpose be made Commissioners for Oaths. This would be an incentive for accurate information to be provided with the deterrent of a charge of perjury for any applicant who lies in his answers to the questionnaire.
3. Each applicant should produce the following documents to the registration officer who should make copies of them for the applicant’s file:
a) Passport
b) Driver’s licence
c) Latest utility bills for electricity, water, cable tv and fixed line telephone.
If the applicant does not produce any of these documents the registration officer should record that fact on the file and any reason proferred by the applicant for not having these documents. If he pays for utilities supplied to more than one address he should disclose this fact.
4. The registration officer should create a file for each applicant with the completed questionnaire and all supporting documents. The registration officer should write his determination of the application on a standard form. He should state his reasons if he refuses the application.
5. The file should be available to any person who pays a search fee of $5. Fees collected in this way would assist in meeting the costs of the process.
6. In the event of an objection being made to the qualification of the applicant the person objecting should have the right to apply to the Court for an order requiring the Passport Office, the Social Security Board, or any of the utility providers to produce its records relating to the address of the applicant and if there are none, to so state.
Dispute resolution process
Disputes arise in one of two ways:
1. An applicant is refused registration by the registration officer and challenges that decision.
2. Any third party objects to the registration of the applicant.
Because our recommended new process is a tighter and more thorough registration process than presently applies there should be no need for the registration officer to hear claims and objections. These should go directly to the High Court. The Judge should conduct a full hearing on the facts and law and should have available the file made by the registration officer and any affidavits filed and written submissions made by the parties to the claim or objection. The parties should appear before the Court in person and should have the right to Counsel, to call or subpoena witnesses and to cross examine the other party and his witnesses. Evidence in chief should be provided by way of affidavit. The parties should also file written submissions. These requirements would reduce the time taken by the Court to hear each claim or objection. The current rules of the High Court contain a workable process to facilitate speedy hearings of claims and objections via fixed date claim forms.
3. There should be an appeal to the Court of Appeal on a point of law only.
In the event of a re-registration for the completion of a new voters list the Government should request that the Chief Justice assign a High Court judge to sit exclusively for the period required for the hearing of claims and objections. This would facilitate the speedy resolution of disputes.
In this event also the period for filing claims and objections should be at least 30 days after initial publication of the list. Once a list is established the period for filing claims and objections can be reduced.
The Chamber expects that due consideration will be given to these recommendations which will be made public.
Yours faithfully
………………………………….
Franklyn Brand
President
APPENDIX A QUESTIONNAIRE
( Residence Qualification )
1. Full Name of applicant: …………………………………………………………….
2. Age of applicant: ……………………………………………………………………
3. Citizenship(s) held by applicant:…………………………………………………….
4. Address of residence of applicant:...………………………………………………..
5. How long have you lived at that address: ………………………………………….
6. Do you own the property/apartment/room at that address:
…………………………………………………….. ………………………………………
7. Do you rent the property/apartment/room at that address: …………………….
8. If you do not own or rent, with whose permission do you occupy the property/apartment/room:
……………………………………………………………………………………………..
9. What is your relationship to that person: ………………………………………….
10. Do you pay for any of the following utilities provided to your above address - v or X as applicable.
Electricity -
Water -
Cable TV -
Fixed line telephone -
11(a). Are you registered with the Social Security Board? ……… If so, what is your address as provided to the Social Security Board? ………………………………….
11(b). Do you have a valid St Kitts and Nevis Passport? …………. If so, what is the number? ……………………………………..
12. Do you spend more than [ 36 ] hours per week at any other address. If so, state that address: …………………………………………………………………...
13. Do you own or rent the property/apartment/room at that address? ………...…
14. If not, with whose permission do you stay at that address: ……………………
15. What is your relationship to that person? ………………………………………..
16. Do you pay for any of the following utilities provided to that address:
Electricity -
Water -
Cable TV -
Fixed line telephone -
I ______________________________ do solemnly swear that all answers and information provided by me in the above
Name of Applicant
questionnaire are true and correct and that I have not withheld or failed to disclose any information in answer to any of the above questions.
WARNING: Applicants are warned that any false answers and/or information included on this questionnaire can result in CRIMINAL PROSECUTION and the imposition of severe penalties, including fines and/or imprisonment.
Sworn by ) ………………………………………
at ) Signature of Applicant
this day of 2007 )
Before me:
…………………………………..
Commissioner for Oaths
