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Minding your Ps and Qs on election day
Published in the Jamaica Gleaner: Monday | September 3, 2007
There are some very serious laws which govern the procedure for choosing the leaders of our country. Since ignorance of the law is no excuse, it may be helpful to know what behaviour is expected of all citizens on election day and the consequences of failing to operate within the legal boundaries.
Once the polling stations open at 7:00 a.m., it becomes an almost sacrosanct place until it closes at 5:00 p.m. on election day. During that period, those who have been elevated to the ranks of returning officers and presiding officers are cloaked with high authority and powers pursuant to the Representation of the People Act.
Provided a person's name is on the voters' list and he goes to the appropriate polling division, he is entitled to enter the polling station. Once there, his identity must be verified before he can be issued with his ballot paper. This must be done electronically (by fingerprint) if the special equipment is available and functioning properly to do so. If any elector refuses to be identified by finger print, no ballot paper will be issued to him and a line will be drawn through his name on the voters' list. (It should be noted that the fingerprint can only be used in relation to the registration of the person voting at the polling division.)
Identification card
If the special equipment is not available or is not functioning properly, or if the elector has no fingers, he must produce his identification card, take an oath and establish his identity to the satisfaction of the presiding officer. Even if the identification card cannot be produced, the elector may be allowed to vote if he provides the same answers to questions regarding his date and place of birth, his mother's maiden name and her place of birth as appear on the record in the presiding officer's possession.
Electoral ink
As soon as the elector marks the ballot, places it in the ballot box and places his right index finger in the electoral ink, he is required to leave the polling station. For all persons who attempt to avoid the electoral ink, the law is absolutely clear that the presiding officer has the authority to require the elector to remove anything which may prevent the electoral ink from adhering to his finger, unless there is an injury which prevents him from doing so.
Only the presiding officer, poll clerk, a maximum of four observers, the candidates and one agent for each candidate are allowed to remain in the polling station while the poll is open. However, the candidate and his agent cannot remain there together for more than five consecutive minutes. Each candidate may also have an outdoor agent, who must remain at least 20 yards away from the polling station.
Persons are not allowed to assemble or have any weapons or noxious substances within 100 metres of the building in which the polling station is situated. Persons who assemble within that area may be fined between $5,000 and $20,000 and/or face imprisonment of up to six months. Anyone found with an offensive weapon or noxious substance may be fined between $20,000 and $80,000 and/or face imprisonment for up to five years.
Returning officers, presiding officers and candidates may also be charged with failing to perform their functions or to subscribe to the provisions of the act on election day. Offences such as attempting to influence the manner in which electors vote, bribery or violating the secrecy of the ballot may attract hefty fines of up to $200,000 or up to five years' imprisonment.
The provisions referred to in this article are just some of the measures which are in place to ensure the transparency and fairness of the democratic exercise on election day.
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