Devon Dick

Recently, senior legislators Messrs. K.D. Knight and John Junor of the PNP and new legislator Clive Mullings of the JLP broke ranks with the tradition of not opposing recommendations from the Electoral Commission.

These lawyers and legislators are opposed to the mandatory sentence of three years that a judge has to impose for open voting. They claim that the law should allow the judges' discretion as to the appropriate punishment for the crime of voting in front of electoral officials.

These gentlemen must be commended for their stance.

Their position indicated that there was not enough consultation between the legislators of both sides and their political representatives on the Electoral Commission. Or was it that these lawyers/legislators were not persuasive enough to get other colleagues on board for their position and so, the political representatives on the Commission articulated a majority position? Or could it be that this is a position of the Independent members?

Making open voting a crime with a penalty of at least three years' imprisonment is very harsh. In fact, open voting should not be an offence and I wished that the dissenting parliamentarians had opposed it being made a crime punishable by imprisonment.

My experience of open voting does not support it being a crime punishable with imprisonment. In the 1980 General Election, while being a presiding officer in St. Thomas, I witnessed one elector engaging in open voting - perhaps a sign of middle age exuberance. I saw nothing wrong with the silly activity.

No influence or pressure

It did not influence or pressure anyone on how to vote. It did not harm anyone physically, emotionally or morally.

What is so criminal about open voting? Will it also become a crime if a columnist states for whom he or she is going to vote? I thought secret balloting was to protect the elector from harm if the vote was known, and also because the voter might want to keep it a secret. However, if electors choose to say for whom they will vote or for whom they have voted, it should be their right.

There are still organisations which allow members to vote by a show of hands. What is the big deal with an elector engaging in open ballot?

It gets even more ridiculous when an adult can be convicted of twice carnally abusing a 13-year-old and there is no mandatory imprisonment; but open voting carries that penalty. Which offence is more serious? Now I understand why this is called the 'Silly Season'.

In last The Sunday Gleaner the Auditor General claimed that public entities are giving contracts to cronies. In addition, there were persons who contravene the Government procurement guidelines and nobody is charged, much less arrested and imprisoned.

In the same issue, the police force claimed that they are finding it hard to control PNP and JLP supporters. Bodies protrude from vehicles and nobody is charged. While a pastor in Sandy Bay, Hanover, I officiated at the funeral of a young man called 'Parish' who died as a result of injuries he received in an accident involving a motor vehicle on a political motorcade. His body was protruding from the vehicle. Years later, this practice continues and no one can be arrested. This has cost us lives, but no one will put an end to it and no one imprisoned for it.

Politicians break the political code of conduct and they are not fined, much less imprisoned, but an ordinary elector who openly votes, has to spend at least three years in prison.

Repeal that law. Open voting should not be a crime.