Members of the Constituted Authority empowered to halt an election in a constituency or polling division affected by violence, will meet at the Electoral Office of Jamaica on Election Day to receive reports on halting elections, should breaches occur.

Information will be obtained primarily through Returning Officers, electoral supervisors and other electoral workers because they will have the widest coverage, according to Chairman of the Electoral Advisory Committee (EAC), William Chin See. He says candidates will also have the right to submit information for consideration.

Mr. Chin See, one of the five persons who will be sitting as a member of the Authority, says they currently meet at the EAC's offices. But for Election Day, the Electoral Office will be the most ideal location, because all the communication networks will be based there.

The Constituted Authority, he said, would be guided by legislation entitled an "Act to Amend the Representation of the People's Act" and the "Act to Amend the Elections Petitions Act" which were passed in November, to make a decision, where possible, to halt an election.

Stoppage grounds

The amendments provide for an election in a constituency to be stopped if polling stations have not opened within the first five hours after the hour fixed for the opening of the poll and the number of electors on the official list in those polling stations constitute 25 per cent or more of the electors in that constituency. Elections can also be halted if there is any earthquake, flood, fire or other natural disaster which could substantially prevent or prejudice the holding of fair elections.

Last week, retired judge Mr. Justice O.D. Marsh was named as the chairman of the Authority, which will also include David Muirhead, Q.C. and the three independent members of the EAC - Mr. Chin See, Corrine McLarty and Professor Gerald Lalor.

Provision is also made for the taking of the poll within 28 days of the halting of it, or as soon after as the Constituted Authority may deem reasonably practicable. After an election, the Constituted Authority may, on its own or at the request of a candidate, make an application to the Election Court, under the Election Petitions Act, to void a poll. While the matter is being heard, the candidate declared elected has a right to become a member.

Mr. Chin See said that, in respect of an application for voiding an election, the Constituted Authority would require reasonable evidence. The Election Court will specifically be established for the hearing of such petitions.

Grounds for voiding include where the total number of votes cast in a constituency exceeds the number of electors on the official list for that constituency. It can also be voided if ballot boxes have been stolen, destroyed or tampered with and the number of electors on the list for the polling station is more than the difference in the number of votes cast for the candidate declared the winner and the candidate not declared the winner.