The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

THE Progressive Liberal Party has given Parliamentary Commissioner Lavado Duncanson 36 hours to confirm whether registered voters will be prevented from voting in the next election if they are quarantined or suffering from COVID-19.

Former State Minister for Legal Affairs Damian Gomez outlined the deadline in a letter to Mr Duncanson on behalf of PLP leader Philip “Brave” Davis and party members.

He said the letter was “in anticipation of litigation” and if the appeal to patriotism did not succeed, the party would commence “expeditious prosecution of court proceedings” against Mr Duncanson.

 The Minnis administration has not definitively said whether quarantined people will be allowed to vote in the upcoming September 16 election, though National Security Minister Marvin Dames recently suggested that they will not.

 Mr Gomez wrote: “We are alarmed that you may be influenced by the outgoing administration to prevent Bahamian citizens who are duly registered in accordance with the Parliamentary Elections Act, (chapter) 7, sections 8 and 9 from casting their respective votes notwithstanding that they are not suffering from any legal incapacity as defined in section 10 of the Parliamentary Elections Act, (chapter) 7.

 “To allay our clients’ fears, we write to request that you confirm within 36 hours that you will not prevent any registered voter from casting his or her ballot on the basis that he or she is quarantined or on the basis that he or she is suffering from COVID-19. We further request that you indicate what steps have been taken to ensure that such persons who are quarantined or persons suffering from COVID-19 may cast their respective ballots in a facility that is safe to other members of the electorate. If no such steps have been taken, we request an explanation for such failure.”

 Mr Gomez said the general election date has been set “by the outgoing Prime Minister, Dr Minnis” at a time when COVID-19 infections, hospitalisations and deaths have surged, threatening the ability of healthcare facilities to provide services.

 “The calling of this general election was not affected by any act of the Progressive Liberal Party and could have been called after the government had managed to contain and reduce the rate and extent of COVID-19 infections, hospitalisations and deaths. We are hopeful that the timing of the general election was not motivated by a political intention to deprive any registered voter from voting,” he said.

 Mr Gomez said other countries, including the Turks and Caicos Islands and Jamaica, have conducted elections while ensuring that registered voters could vote regardless of their quarantine or infection status.

 “Your response to this written request is anticipated to contribute to the fairness of the conduct of the general election on the 16th September, 2021. After all, free and fair elections take place effectively in the absence of fear. In this case the fear of COVID-19 casts a pall upon the process which the Parliamentary Elections Act, (chapter) 7 requires you to conduct in strict conformity with its provisions,” he said.

  “The right to vote is the ultimate expression of a citizen’s conscience, freedom of assembly and association and freedom of expression. That right to vote is at the heart and soul of the word ‘democratic’ as used in Article 1 of the Constitution of The Bahamas.

“. . .The threat to interfere with the unfettered right of registered voters as articulated by the Minister of National Security Mr Marvin Dames is a threat to our democracy and Article 1 of the Constitution of The Bahamas. Article 29 of the Constitution of The Bahamas does not permit the competent authority or anyone else to suspend or otherwise abrogate Article 1 of the Constitution of The Bahamas, nor can that provision of the Constitution of The Bahamas be amended without compliance with Article 54 of the Constitution of The Bahamas. Parliament having been dissolved, there is no basis in law for the executive branch of government purporting to alter the Constitution of The Bahamas in the manner threatened by Mr Marvin Dames. You are similarly fettered by the Constitution of The Bahamas and the Parliamentary Elections Act, (chapter) 7.

 “We note for the record that the Parliamentary Elections Act, (chapter) 7 section 12(5) reposes on you alone the statutory duty to carry out the requirements of the Parliamentary Elections Act regarding the holding of free and fair elections. We have therefore addressed this letter to you for your formal and most urgent response.”

  He also wrote: “Democracy is a fragile flower whose delicate and diligent care is balanced in your patriotic hands. It is therefore hoped that litigation may be avoided. Should our appeal to your sense of patriotism fail, we shall proceed with the expeditious prosecution of court proceedings on behalf of our clients without further reference to you.”