JLP cites major ‘irregularities’ in push to void election results

A woman believed to be a resident of Kintyre in St Andrew East Rural has backed the governing Jamaica Labour Party (JLP) in its filing of an election petition to void the results of two polling divisions in the recent local government elections, arguing that she had to jump through hoops to vote.

But the opposition People’s National Party (PNP) has described the move as a “colossal waste” of the court’s time.

The claim was filed under the Election Petition Act.

Alva Johnson, a hairdresser in the constituency represented in Parliament by Juliet Holness, said she came close to missing the opportunity to vote in the February 26 polls because of a reported unannounced change in her assigned polling division.

The claim was made in a March 11 affidavit that accompanied the election petition filed by JLP candidate, Kelvin Clarke, who was defeated by the PNP’s Vivienne Brown-Bond in the contest for the Kintyre division at the conclusion of a magisterial recount.

Clarke polled 1,287 votes to Brown-Bond’s 1,319 at the final count but lost two votes at the end of the magisterial recount.

The JLP, in the petition also filed on March 11, argued that electorates were disenfranchised.

The party, through Clarke as the applicant, wants the court to make a declaration that voids the election results in polling divisions 82A and 82B on the grounds of “significant irregularities”.

He said this resulted in a “substantial distortion or subversion of the process of free and fair election”.

Clarke said the two polling divisions had been switched without any prior notice to voters and election day workers, “causing a significant number of voters registered to be disenfranchised”.

Further, he said contrary to Section 35(6) of the Representation of the People Act, voters who attended polling stations 82A and 82B were prevented from voting by purported election day workers though the time had not yet elapsed for voting.

“The irregularities are substantial to render the election in polling divisions 82A and 82B void,” said Clarke.

Added to that, Jackson said on the day of the election she went to the Constitution Hill All-Age School approximately 1 p.m. to cast her ballot, as she had done since the 1980s, but said she was told that her name was not on any of the lists there.

She said after several enquiries, she learnt that she was reassigned to the polling division located at the Kintyre Community Centre.

She said she was able to make her way to the new location only after a friend assisted her with travel and was able to vote sometime after 4 p.m. ahead of the close of polls.

“I have never had an experience like this before,” said Johnson.

Returning Officer Eric Malcolm, Brown-Bond and the attorney general have been named as respondents in the petition filed.

Dr Dayton Campbell, general secretary of the PNP, said the petition is frivolous.

“It is a waste of the court’s time. Historically, those two polling stations have voted for the PNP. So, if anyone should be aggrieved by any change of the polling station and people being unaware [it] should be the PNP members. It wouldn’t have affected only the JLP. I think that’s a colossal waste of the court’s time,” Campbell asserted.

Efforts by The Gleaner to reach Clarke for comment were unsuccessful. Several calls to his cell phone went unanswered.

The Gleaner was also unable to reach Dr Horace Chang, the general secretary of the JLP, for comment.

Director of Elections Glasspole Brown told The Gleaner early Tuesday that he was making some checks before commenting on the matter.

Efforts to reach him for an update were unsuccessful.

Polling station 82A was at the Constitution Hill All-Age School. Brown-Bond picked up 106 votes to Clarke’s 20. Four ballots were rejected.

The votes cast represented 34.7 per cent of the 375 voters registered to vote in that station.

Polling station 82B was located at the Kintyre Community Centre and Brown-Bond also won in that box, polling 42 votes to Clarke’s six. Some 163 persons were eligible to vote.

Picking up the Kintyre division was crucial to the PNP taking control of the KSAMC from the JLP. While both parties ended with an equal number of divisions – 20 each – the PNP won the popular vote and earned the right, under the law, to select a mayor.

kimone.francis@gleanerjm.com

2016 Local Government Election Results in Polling Stations 82A and 82B in Kintyre Division:

82A: PNP 28 | JLP 10 | Total registered voters 139

82B: PNP 86 | JLP 28 | Total registered voters 367

2012 Local Government Elections in Polling Stations 82A and 82B:

82A: PNP 46 | JLP 4 | Total registered voters 128

82B: PNP 112 | JLP 9 | Total registered voters 332