Latest 2015 election date: Sept 17 By Andre Bagoo Sunday, December 21 2014 WITH THE clock ticking to the general election year, the Chairman of the Elections and Boundaries Commission (EBC) Dr Norbert Masson has issued a call to the Government to clarify if and when proposed legislation introducing a runoff mechanism will be made law. In an interview with Sunday Newsday on Thursday, Masson also addressed the conflicting statements by the Government and the Opposition on when exactly an election can be held. He concurred with the Government’s view that the latest an election can be held is September 17, 2015. Legislation proposing a runoff procedure has been passed in both the House of Representatives and the Senate since August but it now requires one final procedural motion in the House of Representatives before it can be sent by Cabinet to President Anthony Carmona to become effective through proclamation. On the status of the runoff legislation, Masson said, “We do not know what the final state of the law with regard to the runoff provision is. We don’t know what is happening and we are concerned about the fact that finality has not yet been brought to this issue. We are still up in the air in our planning.” The runoff legislation also contains provisions for term limits for prime ministers and a right of recall of MPs. In relation to the runoff, only persons who obtain more than 50 percent of votes cast will take a seat at the House of Representatives. Failing this, a “supplementary poll” or runoff is to take place between the top two candidates and possibly a third candidate if that third candidate comes within five points of second place. The runoff poll is to occur within 15 days from the date of declaration of the results. Declaration of those results may be held back pending recounts, which have no fixed time-frame. The appointment of a prime minister and the convening of Parliament will be on hold pending all supplementary polls. However where a clear majority is already apparent, the President will have the power to swear in a prime minister, notwithstanding runoff polls being outstanding. The final procedural motion for the runoff legislation – formally called the Constitution (Amendment) Bill 2014 – has been on the Order Paper for the House of Representatives for almost four months. During Prime Minister’s Question Time on November 19, Prime Minister Kamla Persad- Bissessar noted there had been complaints that the legislation was being rushed through Parliament. “I find it very interesting that on the heels of calls for Government to allow for more time for the population to appreciate and understand the amendments which are designed to strengthen our democracy that voices are trying to rush us into that which they were trying to stop,” Persad-Bissessar said. “As we all know in this honourable chamber, those Senate amendments have been tabled in this House. They have been on the Order Paper for two months along with other pieces of legislation and they will be debated in due course. In terms of notice, you had notice two months ago that this would be one of the pieces of legislation which Government will attempt to have passed in this House.” The Prime Minister’s remarks came after Opposition Whip Marlene Mc Donald had called on Government to say when the final procedural motion would be dealt with in the House. In a statement on November 18, she said, “it is the view of the Opposition that it is the Government’s intention, whether it is perceived or not, that this Bill would be sprung on the Opposition without due notice.” On November 18, Government Whip Dr Roodal Moonilal replied to McDonald saying, “When debate on the amendments to the constitutional bill is to be held, ample notice will be given to the Opposition. These amendments are on the Order Paper for over two months now. So I am sure they would have been examining those amendments and are in a state of preparedness to debate.” In the interim, the matter has been subject of legal moves by the Independent Liberal Party which has challenged the legislation in court. Most recently, the ILP lost at the Court of Appeal but has stated an intention to pursue the matter at the Privy Council, the highest court. In relation to the election date, Masson expressed surprise over uncertainty on the matter. “The latest date is September 17, 2015,” the EBC chairman said. “I don’t understand why there is so much misunderstanding on this. The provisions of the constitution are clear.” The chairman has, in response to the conflicting statements on the matter, prepared an internal manual for EBC staff briefing them on the matter. “As a result of the statements that were made I have prepared a manual which states the position and illustrates it in a way that I hope is easy to understand,” Masson said. The Constitution sets out the time-line for an election. It states an election is to be held within three months of the dissolution of Parliament. However, if in that period an emergency arises, Parliament may be reconvened, but the election will still be due at the three-month deadline. Section 69 of the Constitution states, “69. (1) A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of Parliament as the President, acting in accordance with the advice of the Prime Minister, shall appoint.” According to Section 68(2) of the Constitution, Parliament is dissolved five years after the date of the first sitting (not the date of the preceding the general election). The latest this can happen is June 17, 2015, which will mark five years after the first sitting of the Tenth Parliament took place in the weeks after the May 24, 2010, general election. The Constitution’s Section 68 (4) states, “(4) Where... an emergency arises... the President, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the preceding Parliament but the election of members of the House of Representatives shall proceed and the Parliament that has been summoned shall, if not sooner dissolved, again stand dissolved on the day on which the general election is held.” Opposition Leader Dr Keith Rowley, addressing the People’s National Movement (PNM) 45th Convention at the Queen’s Park Savannah, Port-of-Spain, on August 16, told party faithful: “Let me tell the Prime Minister, the parliamentary term ends in June 2015, the five-year term of the Government ends on May 24 (2015), and the period between the second week of June and September is only for emergencies.” Rowley’s remarks were condemned as “irresponsible and reckless” by Attorney General Anand Ramlogan in a media statement issued one day later on November 17. Ramlogan said, “Section 68(2) (of the Constitution) states that Parliament, stands dissolved five years after its first sitting, which in this case is on 17th June 2015. General election must be held within 90 days thereafter.” He further said, “This means that the next general election can and must be held at any time prior to 17th September 2015.” newsday.co.tt/news/0,204534.html
Posted on: Sun, 21 Dec 2014 03:13:09 +0000
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