Senators amend voter law
back to the House of Assembly after Senators failed to back key elements of the new legislation.
But a motion from Opposition Senate Leader Maxwell Burgess that the Parliamentary Election Amendment Act, which has already passed the House of Assembly, should be taken off the table for six months was defeated seven votes to four.
Senate President Alf Oughton and Independent Sen. Walwyn Hughes backed the Government side, with fellow Independent Sen. Jeanette Cannonier siding with the Opposition.
But the three Independents formed an alliance with Opposition members to block moves laid down in the bill to allow a host of different forms of identification documents to be admissible at the polls.
Although Government claimed the new legislation would make it easier for people to vote, Opposition Sen. Mark Pettingill argued that the legislation would "open the door to the risk of criminal activity''.
"I have seen some very clever ID frauds out there and they have been used in this jurisdiction,'' he said.
Although Government Senators claimed the Opposition was portraying the Bermudian public as criminals, Sen. Pettingill's argument won the day and the motion was passed by six votes to five.
Claiming that the legislation was "full of holes'', the Opposition also proposed that if voters changed their addresses, they should be made to inform the Registrar within 28 days. The current draft recommends that they should notify the authorities "as soon as practicable''.
Bill is amended Again Independent senators sided with the Opposition and the amendment was passed by six votes to five.
But a third amendment put forward by Sen. Burgess, which called for proof of residency to be provided by 18-year-olds registering for the first time, was defeated.
Earlier, Progressive Labour Party Sen. David Burch, who steered the Act through the Upper House, said: "For a very long time, the electorate of Bermuda has been extremely frustrated by the annual registration process each January.
"Certainly it's been indicated to us by many of these electors that the process was deliberately designed to disenfranchise people from taking part in the voting process.'' But he added it was also the responsibility of the individual voter to make sure he was properly registered.
And he told Senate the new Act was just the first in a series designed to "empower the people of Bermuda to participate in the democratic process''.
He added further legislation would be needed to allow computer records from other Government departments to be used to compile voter registers.
And he said, in addition to the end of annual registration, draft registers would no longer be published as voters will be able to sign on the register all year round.
Under the proposed legislation, polling stations will also open longer and Returning Officers will have more discretion in deciding what to accept as valid voter ID.
But barrister Sen. Pettingill -- in his maiden Senate speech -- warned the new legislation's wording was confusing and open to interpretation.
And he called for an increase in the seven-day window allowed for changes and objections to individual registrations after an election has been called.
He added: "Most dangerously. .it opens the door to voter irregularity and, I regretfully say, the possibility of fraud. It's arbitrary -- it allows far too much latitude to Returning Officers without proper guidelines about voter identification.'' He added: "It has, I regret to say, the appearance of being rushed legislation when it doesn't have to be rushed.'' And Sen. Pettingill said only a small number of voters could affect the outcome in marginals, so it was important to be as accurate as possible.
"It needs more work in some areas,'' he noted. "I would challenge any counsel to put his hand on his heart and say this is a good, solid piece of legislation.'' Sen. Hughes said there were benefits in having continuous registration -- although he added he did not feel there was a great number of people who were excluded from the vote in any case.
And he said it was important not to weaken the right of individuals to challenge "flaws in the register itself''.
But Sen. Burgess accused the ruling PLP of "hiding behind'' Civil servants to excuse their agenda.
He added he had won a General Election poll in 1983 by just five votes, so he knew "the importance of getting it right''.
And he said: "The Government has plenty of time to get it right -- there's no rush.'' Opposition Senators also questioned why all the amendments to voter registration -- including overseas votes and votes for the housebound -- had not been rolled together in one bill.
Sen. Oughton said he supported the amendment Act and understood the desire to get it passed as soon as possible.
But he added: "I had hoped to see certain things in here to cover people who may become disenfranchised.
"I thought there would be something in here to deal with people who are unable to get from their homes to the polling stations.
"That problem will probably grow with the move to get senior citizens out of institutions and having more home care.
"This is the year of the senior citizen and it wouldn't have been too difficult to get that in there.'' He also said young voters -- school pupils and students studying abroad -- should also have been considered.
