The Editor, Sir:
You published a letter from Mr. Michael Dunn in The Gleaner of Thursday, October 11, regarding the situation in Eastern Hanover with the non-counting of some ballots and the subsequent court action by the JLP.
Based on the position arrived at by Mr. Dunn, I am forced to conclude that his views must have been formed out of ignorance to the facts surrounding the issue, ignorance of what the Representation of the Peoples Act of Jamaica says, regarding the accepting or rejection of ballots or out of overcommitment to a party position.
In simple terms, the law states that a voter's vote should not be discarded due to any failure or action on the part of any electoral worker. In other words, after I make my X, the requirement is that I should fold my ballot and give it to the presiding office who should sign the counterfoil, tear it along the perforated line and place the ballot in the box.
Cannot reject ballot
In this instance, the presiding officer failed to properly tear off the counterfoil along the perforation and instead tore in such a manner that his signature which should remain on the actual ballot ended up coming off on the counterfoil. Based on law and common sense, subject to there being no other basis on which any ballot so torn could be rejected, you cannot reject this voter's ballot, he or she having made his intention clear as to who he wanted to be his representative. This is the basis on which attorney-at-law, Abe Dabdoub, Dr. D.K. Duncan and the PNP are seeking to disfranchise legitimate electors of Eastern Hanover.
The fact is that this is something that happens in every election and such votes have always been quite rightly counted. How could you have a situation where it is left in the hands of the presiding officer to decide whose votes are counted, whether through his deliberate actions or an error on his part?
Mr. Dunn should also understand that the legal process allows for the decision of a judge to be reviewed at a higher level and this is quite in order as all decisions by any judge should be able to stand up to scrutiny.
I am, etc.,
JEROME HENRY
jeromenh@yahoo.com
14 2nd Avenue
Buff Bay
Portland
