‘It is illegal to obstruct, mislead voters on E-Day’ – AG Nandlall warns

–  Serious offences outlined under Representation of the People Act

Anyone found to be obstructing or misleading voters on the day of elections will be charged with serious criminal offences under the Representation of the People Act (ROPA), Guyana’s Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, S.C, has warned.

He made these comments in direct response to Opposition Leader, Aubrey Norton, who has reportedly instructed his polling agents to bar anyone from casting their ballot if they are found to be speaking a foreign language.

Speaking during ‘Issues in the News’ on Tuesday evening, Minister Nandlall described Norton’s statements as “highly irresponsible” and “reckless”, given Guyana’s experience during national election.

He explained that in a democratic nation like Guyana, there are no laws that disqualify a person from voting based on the language he/she speaks.

Section 72 (10) in Chapter 1:30 of ROPA states that “Whenever in the opinion of the presiding officer an elector does not understand the language spoken to him, he may appoint and swear, in Form 20, an interpreter; and the interpreter, so sworn, shall be the means of communication between the presiding officer and the elector with regard to all matters required to enable the elector to vote.”

“That would be discrimination which our constitution will not permit,” the attorney general explained.  “It would be discriminating against a person on the basis of his language, which may be tied to his culture, which may be tied to his religion, all of which are outlawed by our constitution.”

This provision has been part of the law since 1997, Minister Nandlall said. He added that preventing a person from voting based on language amounts to xenophobia, which is considered an international crime.

He also referenced section 78A of ROPA, which further states that anyone who misleads an elector on polling day commits an offence and is liable to a fine of $5 million and a three-year prison sentence.

“In addition to that, you are going to be disqualified from voting and then you are going to be disqualified from being elected as a member of the National Assembly for five years from the date of your conviction… this is what the law lays out very clearly, and this will be the consequence that will flow from your action,” the attorney general warned.

Section 78 of ROPA also criminalises obstructing or interfering with access to or egress from a polling place, the voting process, the conveyance of documents and other materials, counting of votes cast at an election and an Elections Officer exercising his/her functions.

Section 78 (b) specifically states that any person who, without due authority, obstructs or otherwise interferes with the voting at an election by any person registered as an elector has committed an offence.

The Attorney General warned that, “anyone who thinks that they can get persons to obstruct and interfere with electors who are registered and who are qualified to vote from exercising their right to vote, they have legal consequences of a highly punitive nature that will come their way.”

The current administration has strengthened the ROPA to close loopholes and correct inconsistencies to prevent a recurrence of allegations of electoral fraud involving GECOM officials and APNU+AFC members during and after the 2020 elections.

Among other things, section (6) of the Act was amended to impose that every village or locality has an adequate number of polling places to accommodate the electors. In the case where public places are not available, GECOM’s Chief Elections Officer can rent a private space not associated with any political party.

It is now mandatory that Statements of Poll (SOPs), along with other certified forms, be distributed to the CEO and the Chairman of the Commission. The Returning Officer is also required to post an electronic copy of the SOPs on the commission’s website for public access. Failure to comply with these provisions will result in strict fines and penalties.

This year, in accordance with the constitution, Guyanese will be casting their ballot on September 1 to select a government of their choice.