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Trinidad Tobago & 1 The Electoral Process

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Trinidad and Tobago The Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of north- eastern Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the southeast, and Venezuela to the south and west.

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History of Governance Under the Constitution of Trinidad and Tobago Act of 1976, Trinidad and Tobago is a democratic Republic within the Commonwealth with its own President as titular Head of State and Commander-in- Chief of the armed forces. Between 31 August 1962 when Trinidad and Tobago obtained its independence from Great Britain, and 24, September 1976 when the Republican constitution was enacted, the Head of State was her Majesty the Queen of England who was represented by a Governor General. His Excellency Anthony Thomas Aquinas Carmona, SC The President of the Republic of Trinidad and Tobago

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Our Electoral System The Parliament consists of a Bicameral Legislature composed of an Upper House the Senate, and a Lower House the House of Representatives organised according to the Westminister or first past the post system.Parliament The Senate consists of 31 appointed members, 16 being appointed by the President on the advice of the Prime Minister, 6 on the advice of the Leader of the Opposition and 9 at the discretion of the President. Parliament of the Republic of Trinidad and Tobago

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Our Electoral System (Continued) The House of Representatives consists of 41 (39 for Trinidad and 2 for Tobago) members elected by the citizens at the General Elections held every 5 years or less and a Speaker who is elected from either within or outside the House of Representatives. An Electoral College comprising all members of the Senate and the House of Representatives voting by secret ballot elects the President. First sitting of Parliament

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Our Electoral System (Continued) Executive power is vested in the Prime Minister, the leader of the majority side in the House of Representatives, who is appointed by the President, and the Cabinet.

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POLICY MAKING AND MANAGEMENT OF THE ELECTORAL PROCESS In Trinidad and Tobagos electoral management system, there are two components and dual structures: a policy making body which is the Elections and Boundaries Commission. It is a constitutional body, and is responsible for the registration of voters and the conduct of all elections: Parliamentary, Municipal Council and Tobago House of Assembly. They have no connection with the Executive arm of Government, and a Department of the State which is staffed by public officers. This part of the structure being the implementation arm or Electoral Management Body (EMB) subject to oversight by the independent component, the Commission.

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POLICY MAKING AND MANAGEMENT OF THE ELECTORAL PROCESS (Continued) The Commission consists of five independent members, whom are appointed by the President of the country after consultation with the Prime Minister and Leader of Opposition. The Commission reviews the number and boundaries of the electoral districts into which Trinidad and Tobago is divided for the purposes of elections, and for the submission of these reports to relevant authorities. Board of Commissioners of the Elections and Boundaries Commission

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VOTER RIGHTS AND VOTER REGISTRATION of the age of eighteen or more years and on the qualifying date is either (i) a citizen of Trinidad and Tobago or (ii) a citizen of a Commonwealth country other than Trinidad and Tobago has been resident in Trinidad and Tobago for a period of at least one year immediately preceding the qualifying date, such residency being in accordance with the meaning of Section 5(1) of the Immigration Act. A person is qualified to be an elector for an electoral district at elections to either Parliament or Tobago House of Assembly provided that person is:

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VOTER RIGHTS AND VOTER REGISTRATION In the case of Municipal Council elections, the conditions at (i) and (ii) of the foregoing apply to citizens of Trinidad and Tobago and the Commonwealth. However, for non- Commonwealth citizens such persons are required to have resided in the country for a continuous period of at least five years immediately before the preceding date. For these citizens there are other additional requirements associated with the distance of their residence from a City or Borough or their occupation as owners of property of a certain annual rateable value.

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System of Voter Registration An Annual List of Electors is normally published on 1 st July and posted throughout all registration areas embracing all electoral districts in Trinidad and Tobago in order for the general public and political parties to have access to it. This would now enable persons to bring any inaccuracies to the attention of the Registration Officers. The system of registration in Trinidad and Tobago is described as Permanent Personal Registration. It is a continuous one in which lists of electors are updated on a regular basis.

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VOTER IDENTIFICATION CARDS An important by-product of the registration process is the production of an identification card, renewable after ten years. The earliest age at which an individual can receive an identification card is fifteen years, but such a person cannot vote eighteen years of age. Shortly before, a check is made to determine whether details appertaining to that persons registration remain as originally presented. Upon confirmation, the individuals name is entered on the electoral list thus entitling exercise of the franchise. A registrant takes his photograph to be placed on the identification card.

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VOTERS LIST The voters list or electoral list as it is often called is used for the generation of poll cards for distribution to electors. This list is also made available on the internet www.ebctt.com where electors may also access information relating to their polling stations at election time.www.ebctt.com

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RIGHTS OF CANDIDATES, POLITICAL PARTIES AND ELECTION CAMPAIGNS There are no rules for the registration of political parties in Trinidad and Tobago. In fact the term political party is neither defined in the Constitution of the Republic of Trinidad and Tobago nor in any other statutory instrument in the country. However, the term appears in the Constitution and in the Representation of the People Act, Chap. 2:01 (ROP) where in the latter the election rules provide for the assignation by the EBC of party symbols (which are registered) to political parties upon application.

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RIGHTS OF CANDIDATES, POLITICAL PARTIES AND ELECTION CAMPAIGNS The election rules also provide for the nomination of candidates, but there is no requirement that a specific officer of a political party should provide the names of such candidates to the Elections and Boundaries Commission.

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Returning Officers A Returning Officer recognises an individual as the nominee of a particular party only on the condition that the candidate informs the Returning Officer, in writing, on Nomination Day that he or she is a member of the party That such membership is confirmed by a list of party candidates supplied to the Returning Officer by the party of which he [or she] claims membership

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Election Offences There is at present no code of conduct as it relates to election campaigns but the Representation of the People Act (ROP) specifies a series of offences. Persons committing such are liable to a charge of engaging in a corrupt practice. Such offences include: causing disturbance at election meetings; hiring or using premises that are licenses for sale and/or consumption in situ of intoxicating liquor or at which premises refreshment

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BALLOTING, MONITORING, AND COMPILATION OF RESULTS The method of balloting is by means of the ballot box. At present the winning parties in Parliamentary and in Tobago House of Assembly elections are chosen on the basis of the electoral system First Past the Post (FPTP). In the case of Local Government Elections, Councillors and Aldermen are chosen on the basis of a system of Proportional Representation (PR) administered by the Commission.

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BALLOTING, MONITORING, AND COMPILATION OF RESULTS The balloting process is fairly simple and is carried out in accordance with Elections Rules made under the ROP. It is conducted by election officers and other individuals who are specially trained to apply them without fear or favour. Voting is secret but special provisions apply in the case of incapacitated electors who are allowed to vote using a template or with the assistance of a companion of their choice.

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BALLOTING, MONITORING, AND COMPILATION OF RESULTS Registered electors are entitled to vote at their assigned polling stations provided their names are on the Revised List of Electors posted there In cases where their names are not on such a list, their Registration Record Cards are in the binders at that polling station. Voters mark their ballot papers in secrecy and insert them in a ballot box after having immersed their fingers in electoral ink. The Officer-in-Charge of the ballot box inserts each voters poll card in a poll-card box after having marked on it that the person has voted.

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Special Electors Separate provisions are made in the ROP for certain individuals to be treated as Special Electors. Such persons include among others, members of the constabulary, defence force, prison service, election officers, returning officers, election candidates, persons engaged in offshore petroleum operations, certain prisoners and hospitalised patients.

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The Closing of the Poll At the close of the Poll, Presiding Officers who are in effect managers of their polling stations enter a record in their Polling Station Diary. They must sign off, the time the Poll was closed, the number of persons who voted at their station as indicated by the number on the stub of the last ballot paper issued and the number of destroyed and spoiled ballots. Such record must also be signed by each Presiding Officers deputy as well by their Poll Clerks and such candidates or polling agents of candidates who are present.

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Procedures after taking of the Poll After closing of the Poll, the ballot papers of Special Electors are mixed by Presiding Officers with those of the ordinary electors who would have voted at his/her station. Counting of ballot papers is conducted by Presiding Officers in full view of the candidates or election agents. Each Presiding Officer is required to complete a Statement of the Poll, such statement indicating his electoral district and polling station and the following information.

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Procedures after taking of the Poll (Continued) Number of ballot papers received from his/her Returning Officer; Total number of ballots cast for all candidates of the electoral district; Number of rejected ballots; Total number of ballots found in ballot box = (ii) + (iii); Number of destroyed ballots;

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Procedures after taking of the Poll (Continued) Number of spoiled ballots; Number of unused ballot papers undetached from the books of ballot papers supplied to Presiding Officer by Returning Officer; Number of poll cards in poll-card Box; and, Number of names on Revise List of Electors at polling station.

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Statements of the Poll After Returning Officers receive duplicates of Statements of the Poll from the Presiding Officers of the polling stations of his/her electoral district they announce the total votes recorded for each candidate in the Statements of the Poll for their district.

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Confirming the results And where by 12 noon on the day immediately following the Closing of the Poll, neither a candidate or election agent has requested a final count, Returning Officers confirm the results submitted by their Presiding Officers as reflected in the Statement of the Poll. If however there is a request for a recount by either candidate or election agent, then a procedure as set out in the ROP must be followed.

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Election Observers The general practice has grown over the years for external observers to monitor Parliamentary elections to ensure that the results reflect the will of the electorate. All elections are monitored by the Elections and Boundaries Commission, the members of which visit polling stations right across all electoral districts. Dr. Norbert Masson, Chairman of the Elections and Boundaries Commission speaks with members of the media on Election Day.

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COMPLAINTS AND DISPUTE RESOLUTION The ROP provides for reference to the High Court of questions relating to the validity of the appointment of members to the following: House of Representatives, Senate, Municipal Councils and Tobago House of Assembly, such reference being in the form, in each case, of a representation petition. Returning Officers or Election Clerks are deemed to be respondents where election petitions complain about their conduct at elections.

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COMPLAINTS AND DISPUTE RESOLUTION The provisions of the ROP also allow for representation petitions to be made in connection with the validity of returns of election expenses submitted by a candidate or election agent. Where such petitions show that corrupt or illegal practice were committed in reference to certain activities to such an extent that it could reasonably be inferred that the result of the election was thereby impaired, the candidates selection is voided. That outcome renders him/her incapable of being elected to fill the vacancy or any of the vacancies for which the election was held.

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ELECTORAL MANAGEMENT SYSTEM

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CONCLUSION The specifics of the technical and management processes in the electoral system of Trinidad and Tobago as outlined in the foregoing may fairly be said to correspond very closely with those expressed in the goals and objectives of International Law in respect of the rights and responsibilities of individuals and political parties. However, as regards features of the rights and responsibilities of governments under International Law, Trinidad and Tobagos system is deficient in four important areas viz.

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These areas are: Absence in law of regulations for establishment, registration and operations of political parties; Absence of legal provisions for control of funding of political parties and political campaigns; Provisions for maintenance of the viability of political parties through public funding and guaranteed free- time in the media; and, Allowing parties and candidates equality of access to government-controlled media.

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The End.