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'Outdated' voting issue passed to Human Rights Commission

Former Corporation of Hamilton councillor Graeme Outerbridge has asked the Human Rights Commission to investigate why so few people are allowed to vote in municipal elections.

His complaint comes as the Corporation of Hamilton revealed it was likely to urge Government to update the law and expand the franchise in the capital.

Mr. Outerbridge, who resigned his seat in May and stood again unsuccessfully last month, says in his letter of complaint to the HRC: "I have concerns that the fundamental human right of voting is being denied to the majority of Hamilton's resident voters."

His concerns echo those of former Deputy Mayor Sonia Grant who complained to the British Parliament earlier this year that Corporation of Hamilton elections were "not free and fair".

The Foreign Affairs Committee (FAC) has since recommended that an Electoral Commission be set up in Bermuda and FAC member Andrew Mackinlay, one of three UK MPs who visited the Island earlier this year, said the restricted franchise was "simply not tenable or acceptable any more".

There are 406 people currently registered to vote in Corporation elections, with just 75 of those categorised as residential and the rest classed as business. Yet 725 residents of the City of Hamilton are registered to vote in general elections.

Mr. Outerbridge said the "outdated" law governing municipal elections — the Municipalities Act 1923 — only allowed one voter from residential households, preventing many people who live in the city from going to the polls. He said it was also unfair that companies owning multiple properties were allowed to appoint nominees, thereby gaining multiple votes.

Voting in general elections is restricted to resident Bermudians aged 18 and above. Commonwealth citizens are allowed to vote in municipal elections as long as they have lived in Bermuda for the past three years and meet the other criteria but they have to be 21 or older. Mr. Outerbridge said there needed to be consistency for all elections held on the Island.

Government promised in this year's Throne Speech to consider amending the Municipalities Act, arguing that it no longer represented "good governance".

And the Corporation of Hamilton's own legislative committee recently finished a review of the law and intends to make recommendations to the Attorney General after detailed discussion among members and a public forum for taxpayers.

A statement from the Corporation said the committee had given careful consideration to the franchise issue. "Without prejudicing the internal discussion about to take place, we believe our recommendations will reflect a more modern and inclusive approach to voter registration through broadening the franchise and bringing applicable sections of the Municipalities Act in line with the Parliamentary Election Act," it said.

It added: "The Corporation is puzzled not only by Graeme Outerbridge's complaint to the Human Rights Committee but also by his timing. As a former member of the legislative committee he played an active role in the franchise deliberations and fully supported the recommendations for change.

"If he was dissatisfied with what the committee was trying to achieve, he had every opportunity to make his opinion known then."

Mayor Sutherland Madeiros, in an interview with this newspaper last week, warned against extending the franchise too far. "We look after the roads, the lights, the sidewalks, sanitation and sewage within the city," he said. "The people who pay the taxes to have the streets cleaned and the trash picked up are the ones who should have their say. Anybody who lives in the city and pays taxes or rents a condo should have the right to vote."

He added: "What we are going to have a look at some point in time is exempt companies that pay taxes but don't have a vote. If you really want to open it up the exempt companies should have a vote."

Mr. Madeiros said many people who could vote in municipal elections didn't bother to register. Last month's by-election in the city attracted 250 voters to the polls.

No one at the HRC or the Attorney General's Chambers could be contacted for comment.