New legislation would allow Govt. to postpone elections
Government will be able to postpone elections in the face of natural disasters or wars if a new piece of legislation tabled in the House of Assembly becomes law.
The new legislation, an amendment to the existing Parliamentary Election Act 1978, allows for the Governor to put off an election.
The amendment covers wars, states of emergency, earthquakes, hurricanes, floods and epidemics.
Rioting, civil disturbance which has caused, or is likely to cause, "interruption or abandonment of the electoral process as to prejudice the holding of a fair election'' will also be grounds for postponement.
And if the voters' list is not available before the polling day or the election machinery is not in place, the Governor will also be allowed to cancel the election temporarily.
The legislation allows for cancellation of the election by proclamation in the official Gazette, but a new date must be set within 30 days of the original polling day.
Under the proposed changes, cancellation will be allowed for General Elections, Referendums and by-elections.
But if cancellation is announced after nomination day, no further nominations will be allowed.
Labour and Home Affairs Minister Quinton Edness, who has responsibility for Legislative Affairs, said the legislation was prompted by rows surrounding the postponement of the 1995 Independence Referendum.
The August 15 poll was put off by one day after Hurricane Felix brushed the Island, bringing down power lines and leaving around a third of the Island without power. The Causeway was also closed for some time.
Cabinet Secretary Leopold Mills, after a meeting of the Emergency Measures Organisation, made a radio announcement which left the public with the impression the vote was off that day.
Only after intervention by Governor Lord Waddington were returning officers later sent out to open polling stations and adjourn the vote to the next day.
Otherwise, Parliament would have had to have been recalled to set a new date.
A Commission was later set up to probe allegations of political interference in the postponement decision, but found no evidence to support the claims.
Mr. Edness said: "This legislation is to deal with unforseen circumstances which could come about and affect whether an election should be held or not.
"There is no facility for His Excellency or anyone else to determine whether people should stay at home. This will provide that.'' Mr. Edness said that the proposed legislation had been discussed with the Attorney General and the Registrar General.