St Helena : St Helena - Elections Law - Time for a Change?
Submitted by Saint Helena Herald (Juanita Brock) 18.06.2009 (Article Archived on 02.07.2009)
The Elections Ordinance is the law that regulates how Councillors are elected. The last major review of this Ordinance took place over 30 years ago, though there have been some minor changes more recently. So, is it time to change?
Elections Law - Time for a Change?
The Elections Ordinance is the law that regulates how Councillors are elected. The last major review of this Ordinance took place over 30 years ago, though there have been some minor changes more recently. So, is it time to change?
Following discussions between Councillors and Officials, a draft Bill has been published, accompanied by two sets of draft Regulations. These documents suggest some changes - but maybe there are other things that should be changed. Have your say by attending one of the public meetings, or speak to a Councillor privately.
Who may vote in elections? The current law is based on British Citizenship , and needs to be updated because it contains the obsolete expression 'British Dependent Territories Citizen'. But should a more radical change be made? The draft Bill would limit the right to vote to people who have St. Helenian Status (or their spouses or life partners), who are 18 years old or over and normally reside on the Island. It is also proposed to remove the current rule allowing British Citizens to register and vote if they have been resident on the Island for two years.
What about Saints abroad? Currently, Saints living on Ascension (but not those in the Falklands or elsewhere) can be registered as electors and appoint a proxy to vote for them. The Bill proposes that anyone who is temporarily absent in connection with employment or training, or for medical treatment, will be able to be registered and to appoint a proxy.
And returning Saints? A Saint returning from abroad must wait 12 months from the date of return before being eligible to register to vote; because of the annual cycle of registration, a person might actually have to wait almost two years. The Bill suggests removing this restriction. Although there will still be an annual updating of the Registers of Electors, it will be possible to make changes during the year.
Who may stand for election as a Councillor? This is currently dealt with in the Constitution; each candidate must be registered as a voter and aged over 21. The draft Constitution will allow for eligibility to be fixed by Ordinance and the Bill has been prepared on the basis that a new Constitution will be in place but does not change the lower age. (If the present constitution remains, that clause will need to be removed from the Bill.)
Hours of Voting: The existing legislation makes provision for the polling stations to open from 9am to 5pm although in practice they have opened from 10am to 7pm with special permission being obtained from the Governor, each time there is a General Election or By Election. The proposed legislation will obviate the need to seek the Governor's approval each time.
How many Constituencies? Under the present Constitution, this is fixed by the Governor by notice in the Gazette. It can be any number from 2 to 12. The proposed Constitution allows any number from 1 to 12, and the actual number to be fixed by an Ordinance. If the new Constitution proceeds, it will be necessary to add a clause to the Elections Bill to deal with this - comments on what is the best number would be welcome during consultation on the draft Bill.
Public meetings will be held at the following dates and locations, all starting at 8:00 pm:
The Consulate Hotel on Tuesday 23 June;
The Half Tree Hollow Community Centre on Thursday 25 June; and
The Harford Community Centre on Thursday 2 July.
The Attorney General will attend each meeting to answer any technical legal questions.. Free transport is available on request by contacting Nicole Plato at the Office of the Chief Secretary on telephone 2470.
Public Relations/Information Office
Office of the Chief Secretary
18 June 2009
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