Trinidad Tobago & 1 The Electoral Process. Trinidad and Tobago The Republic of Trinidad and Tobago...
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- Slide 1
- Trinidad Tobago & 1 The Electoral Process
- Slide 2
- Trinidad and Tobago The Republic of Trinidad and Tobago is an
archipelagic state in the southern Caribbean, lying just off the
coast of north- eastern Venezuela and south of Grenada in the
Lesser Antilles. It shares maritime boundaries with other nations
including Barbados to the northeast, Guyana to the southeast, and
Venezuela to the south and west.
- Slide 3
- History of Governance Under the Constitution of Trinidad and
Tobago Act of 1976, Trinidad and Tobago is a democratic Republic
within the Commonwealth with its own President as titular Head of
State and Commander-in- Chief of the armed forces. Between 31
August 1962 when Trinidad and Tobago obtained its independence from
Great Britain, and 24, September 1976 when the Republican
constitution was enacted, the Head of State was her Majesty the
Queen of England who was represented by a Governor General. His
Excellency Anthony Thomas Aquinas Carmona, SC The President of the
Republic of Trinidad and Tobago
- Slide 4
- Our Electoral System The Parliament consists of a Bicameral
Legislature composed of an Upper House the Senate, and a Lower
House the House of Representatives organised according to the
Westminister or first past the post system.Parliament The Senate
consists of 31 appointed members, 16 being appointed by the
President on the advice of the Prime Minister, 6 on the advice of
the Leader of the Opposition and 9 at the discretion of the
President. Parliament of the Republic of Trinidad and Tobago
- Slide 5
- Our Electoral System (Continued) The House of Representatives
consists of 41 (39 for Trinidad and 2 for Tobago) members elected
by the citizens at the General Elections held every 5 years or less
and a Speaker who is elected from either within or outside the
House of Representatives. An Electoral College comprising all
members of the Senate and the House of Representatives voting by
secret ballot elects the President. First sitting of
Parliament
- Slide 6
- Our Electoral System (Continued) Executive power is vested in
the Prime Minister, the leader of the majority side in the House of
Representatives, who is appointed by the President, and the
Cabinet.
- Slide 7
- POLICY MAKING AND MANAGEMENT OF THE ELECTORAL PROCESS In
Trinidad and Tobagos electoral management system, there are two
components and dual structures: a policy making body which is the
Elections and Boundaries Commission. It is a constitutional body,
and is responsible for the registration of voters and the conduct
of all elections: Parliamentary, Municipal Council and Tobago House
of Assembly. They have no connection with the Executive arm of
Government, and a Department of the State which is staffed by
public officers. This part of the structure being the
implementation arm or Electoral Management Body (EMB) subject to
oversight by the independent component, the Commission.
- Slide 8
- POLICY MAKING AND MANAGEMENT OF THE ELECTORAL PROCESS
(Continued) The Commission consists of five independent members,
whom are appointed by the President of the country after
consultation with the Prime Minister and Leader of Opposition. The
Commission reviews the number and boundaries of the electoral
districts into which Trinidad and Tobago is divided for the
purposes of elections, and for the submission of these reports to
relevant authorities. Board of Commissioners of the Elections and
Boundaries Commission
- Slide 9
- VOTER RIGHTS AND VOTER REGISTRATION of the age of eighteen or
more years and on the qualifying date is either (i) a citizen of
Trinidad and Tobago or (ii) a citizen of a Commonwealth country
other than Trinidad and Tobago has been resident in Trinidad and
Tobago for a period of at least one year immediately preceding the
qualifying date, such residency being in accordance with the
meaning of Section 5(1) of the Immigration Act. A person is
qualified to be an elector for an electoral district at elections
to either Parliament or Tobago House of Assembly provided that
person is:
- Slide 10
- VOTER RIGHTS AND VOTER REGISTRATION In the case of Municipal
Council elections, the conditions at (i) and (ii) of the foregoing
apply to citizens of Trinidad and Tobago and the Commonwealth.
However, for non- Commonwealth citizens such persons are required
to have resided in the country for a continuous period of at least
five years immediately before the preceding date. For these
citizens there are other additional requirements associated with
the distance of their residence from a City or Borough or their
occupation as owners of property of a certain annual rateable
value.
- Slide 11
- System of Voter Registration An Annual List of Electors is
normally published on 1 st July and posted throughout all
registration areas embracing all electoral districts in Trinidad
and Tobago in order for the general public and political parties to
have access to it. This would now enable persons to bring any
inaccuracies to the attention of the Registration Officers. The
system of registration in Trinidad and Tobago is described as
Permanent Personal Registration. It is a continuous one in which
lists of electors are updated on a regular basis.
- Slide 12
- VOTER IDENTIFICATION CARDS An important by-product of the
registration process is the production of an identification card,
renewable after ten years. The earliest age at which an individual
can receive an identification card is fifteen years, but such a
person cannot vote eighteen years of age. Shortly before, a check
is made to determine whether details appertaining to that persons
registration remain as originally presented. Upon confirmation, the
individuals name is entered on the electoral list thus entitling
exercise of the franchise. A registrant takes his photograph to be
placed on the identification card.
- Slide 13
- VOTERS LIST The voters list or electoral list as it is often
called is used for the generation of poll cards for distribution to
electors. This list is also made available on the internet
www.ebctt.com where electors may also access information relating
to their polling stations at election time.www.ebctt.com
- Slide 14
- RIGHTS OF CANDIDATES, POLITICAL PARTIES AND ELECTION CAMPAIGNS
There are no rules for the registration of political parties in
Trinidad and Tobago. In fact the term political party is neither
defined in the Constitution of the Republic of Trinidad and Tobago
nor in any other statutory instrument in the country. However, the
term appears in the Constitution and in the Representation of the
People Act, Chap. 2:01 (ROP) where in the latter the election rules
provide for the assignation by the EBC of party symbols (which are
registered) to political parties upon application.
- Slide 15
- RIGHTS OF CANDIDATES, POLITICAL PARTIES AND ELECTION CAMPAIGNS
The election rules also provide for the nomination of candidates,
but there is no requirement that a specific officer of a political
party should provide the names of such candidates to the Elections
and Boundaries Commission.
- Slide 16
- Returning Officers A Returning Officer recognises an individual
as the nominee of a particular party only on the condition that the
candidate informs the Returning Officer, in writing, on Nomination
Day that he or she is a member of the party That such membership is
confirmed by a list of party candidates supplied to the Returning
Officer by the party of which he [or she] claims membership
- Slide 17
- Election Offences There is at present no code of conduct as it
relates to election campaigns but the Representation of the People
Act (ROP) specifies a series of offences. Persons committing such
are liable to a charge of engaging in a corrupt practice. Such
offences include: causing disturbance at election meetings; hiring
or using premises that are licenses for sale and/or consumption in
situ of intoxicating liquor or at which premises refreshment
- Slide 18
- BALLOTING, MONITORING, AND COMPILATION OF RESULTS The method of
balloting is by means of the ballot box. At present the winning
parties in Parliamentary and in Tobago House of Assembly elections
are chosen on the basis of the electoral system First Past the Post
(FPTP). In the case of Local Government Elections, Councillors and
Aldermen are chosen on the basis of a system of Proportional
Representation (PR) administered by the Commission.
- Slide 19
- BALLOTING, MONITORING, AND COMPILATION OF RESULTS The balloting
process is fairly simple and is carried out in accordance with
Elections Rules made under the ROP. It is conducted by election
officers and other individuals who are specially trained to apply
them without fear or favour. Voting is secret but special
provisions apply in the case of incapacitated electors who are
allowed to vote using a template or with the assistance of a
companion of their choice.
- Slide 20
- BALLOTING, MONITORING, AND COMPILATION OF RESULTS Registered
electors are entitled to vote at their assigned polling stations
provided their names are on the Revised List of Electors posted
there In cases where their names are not on such a list, their
Registration Record Cards are in the binders at that polling
station. Voters mark their ballot papers in secrecy and insert them
in a ballot box after having immersed their fingers in electoral
ink. The Officer-in-Charge of the ballot box inserts each voters
poll card in a poll-card box after having marked on it that the
person has voted.
- Slide 21
- Special Electors Separate provisions are made in the ROP for
certain individuals to be treated as Special Electors. Such persons
include among others, members of the constabulary, defence force,
prison service, election officers, returning officers, election
candidates, persons engaged in offshore petroleum operations,
certain prisoners and hospitalised patients.
- Slide 22
- The Closing of the Poll At the close of the Poll, Presiding
Officers who are in effect managers of their polling stations enter
a record in their Polling Station Diary. They must sign off, the
time the Poll was closed, the number of persons who voted at their
station as indicated by the number on the stub of the last ballot
paper issued and the number of destroyed and spoiled ballots. Such
record must also be signed by each Presiding Officers deputy as
well by their Poll Clerks and such candidates or polling agents of
candidates who are present.
- Slide 23
- Procedures after taking of the Poll After closing of the Poll,
the ballot papers of Special Electors are mixed by Presiding
Officers with those of the ordinary electors who would have voted
at his/her station. Counting of ballot papers is conducted by
Presiding Officers in full view of the candidates or election
agents. Each Presiding Officer is required to complete a Statement
of the Poll, such statement indicating his electoral district and
polling station and the following information.
- Slide 24
- Procedures after taking of the Poll (Continued) Number of
ballot papers received from his/her Returning Officer; Total number
of ballots cast for all candidates of the electoral district;
Number of rejected ballots; Total number of ballots found in ballot
box = (ii) + (iii); Number of destroyed ballots;
- Slide 25
- Procedures after taking of the Poll (Continued) Number of
spoiled ballots; Number of unused ballot papers undetached from the
books of ballot papers supplied to Presiding Officer by Returning
Officer; Number of poll cards in poll-card Box; and, Number of
names on Revise List of Electors at polling station.
- Slide 26
- Statements of the Poll After Returning Officers receive
duplicates of Statements of the Poll from the Presiding Officers of
the polling stations of his/her electoral district they announce
the total votes recorded for each candidate in the Statements of
the Poll for their district.
- Slide 27
- Confirming the results And where by 12 noon on the day
immediately following the Closing of the Poll, neither a candidate
or election agent has requested a final count, Returning Officers
confirm the results submitted by their Presiding Officers as
reflected in the Statement of the Poll. If however there is a
request for a recount by either candidate or election agent, then a
procedure as set out in the ROP must be followed.
- Slide 28
- Election Observers The general practice has grown over the
years for external observers to monitor Parliamentary elections to
ensure that the results reflect the will of the electorate. All
elections are monitored by the Elections and Boundaries Commission,
the members of which visit polling stations right across all
electoral districts. Dr. Norbert Masson, Chairman of the Elections
and Boundaries Commission speaks with members of the media on
Election Day.
- Slide 29
- COMPLAINTS AND DISPUTE RESOLUTION The ROP provides for
reference to the High Court of questions relating to the validity
of the appointment of members to the following: House of
Representatives, Senate, Municipal Councils and Tobago House of
Assembly, such reference being in the form, in each case, of a
representation petition. Returning Officers or Election Clerks are
deemed to be respondents where election petitions complain about
their conduct at elections.
- Slide 30
- COMPLAINTS AND DISPUTE RESOLUTION The provisions of the ROP
also allow for representation petitions to be made in connection
with the validity of returns of election expenses submitted by a
candidate or election agent. Where such petitions show that corrupt
or illegal practice were committed in reference to certain
activities to such an extent that it could reasonably be inferred
that the result of the election was thereby impaired, the
candidates selection is voided. That outcome renders him/her
incapable of being elected to fill the vacancy or any of the
vacancies for which the election was held.
- Slide 31
- ELECTORAL MANAGEMENT SYSTEM
- Slide 32
- CONCLUSION The specifics of the technical and management
processes in the electoral system of Trinidad and Tobago as
outlined in the foregoing may fairly be said to correspond very
closely with those expressed in the goals and objectives of
International Law in respect of the rights and responsibilities of
individuals and political parties. However, as regards features of
the rights and responsibilities of governments under International
Law, Trinidad and Tobagos system is deficient in four important
areas viz.
- Slide 33
- These areas are: Absence in law of regulations for
establishment, registration and operations of political parties;
Absence of legal provisions for control of funding of political
parties and political campaigns; Provisions for maintenance of the
viability of political parties through public funding and
guaranteed free- time in the media; and, Allowing parties and
candidates equality of access to government-controlled media.
- Slide 34
- The End.