ABEC gives clarity on the nomination of candidates

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St. John’s Antigua: Thursday 29th December 2022: The following information from the
Antigua and Barbuda Electoral Commission (ABEC), seeks to clarify the Nominations of Mr.
Kelvin Simon, United Progressive Party Candidate in the Constituency of St. Mary’s South, Mr. Rawdon Turner, Antigua and Barbuda Labour Party Candidate for St. Peter, and Mr. Anthony Smith, Jr., the United Progressive Party Candidate in the Constituency of All Saints West.

The Commission wishes to advise that:

By the Election Rules, First Schedule, the Representation of the People (Amendment) Act 2002, the requirements for a valid nomination are laid out in Rules 9 – 12, which essentially provide for:

1. Nomination on a separate paper, with full names, place of residence, description of the
candidate;

2. The nomination paper to be subscribed, in the presence of the returning officer, by a
proposer and seconder, along with eight (8) other electors (with their electoral numbers)
who reside in the constituency;

3. Each subscriber is only capable of subscribing to the nomination of one (1) candidate;

4. The candidate has to give written consent to nomination, by Form 4;

5. Payment of a deposit of $500.00 by the candidate.

Barring determination by the returning officer that a nomination paper is invalid, or proof of the death or withdrawal of a candidate, a candidate, by Rule 15 (1), is validly nominated, “…..where a nomination paper and the candidate’s consent thereto are delivered and a deposit is made in accordance with the rules….”

An objection can be made to the returning officer, by an elector, within the constituency, that a nomination of a candidate is invalid; this must be settled in a reasonable time, no later than one (1) hour, after the objection was made.

It must be noted that the law permits challenges to the validity of a nomination, by an elector in two (2) instances only, namely and as provided by Rule 15 (2):

(a)”:…..that the particulars of the candidate or the persons subscribing the paper are not
as required by law; and

(b) that the paper is not subscribed as so required by law….”

The latitude given to a returning officer, as regards objections and/or challenges to the
nomination of a candidate, relate to matters arising only from information provided on
the nomination paper – the particulars and the manner in which it was subscribed.

The law gives no scope or authority for the returning officer to entertain any other
reasons for an objection, except as stated above.

Additionally, any decision by a returning officer can only be questioned on an election petition.

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12 COMMENTS

  1. Conclusion:

    All candidates have in fact been validly nominated in accordance with law, just as the UPP indicated.

    Plenty distractions, lies and the like going around man. Like dem fraid Shugy.

  2. Pearl “FOOTS” Quinn
    Gladys Potter EMPTY HEAD 🍦 🍨
    Franz DeFreitas G-R-E-A-T-F-U-L BANKRUPT
    Cleon DON’T TELL DADDY HOWDY
    Pringle CA-CAPA-TI-TAH and MASKses
    Serpent FARMing FOOL & DICTATOR
    Peter Redz CAN’T TALK
    Jonathan “VOTE ALP”
    King Lyadd Lovell Limpy Joe IMF
    Alex ABOUT TO EXIT
    Sean LAZY FORNICATOR ENTITLED 🐦
    APOSTLE SHUGY SIMON
    Alister “inTERllectual” Thomas
    Richard Lewis “ANTI-UWI FIVE ISLANDS CAMPUS”

    BUT NONE OF THEM EVER!!!! TOOK THE LIFE OF AN UNARMED BLACK GIRL!!! 😢 😭 😢 😭

  3. Hey, ABLP if you did not have such a bad-mind then perhaps just perhaps you would have studied the procedure.
    Your vindictive, wickedness has left you with egg over your face

  4. ABEC’s release fails to mention that issues of disqualification rest with the election court and not with ABEC. The issue here is not about the nomination process itself but the qualification to stand for election (inclusive of standing for nomination), i.e. the bars on him being a public officer by the constitution and Acts of Parliament. On that account, Mr Simon fails and could be successfully challenged in the event he’s elected. ABEC gets a C+ for this reply.

    • Nomination and disqualification for being a member of Parliament are two different things. Section 39 (1) (g) of the Constitution deals with disqualification and one being a public officer. Once Mr. Simon resigns his employment in the Civil before election day 18 January, 2022 he is fine. As the ABEC has rightfully declared all 53 candidates for the general elections have been duly nominated. The requirements for Nomination are provided by the Representation of the People Act. You and Gaston would be well advised to read it.

      • @Tabor echoing Samatha Marshall quoting Burna Boy to you:

        You go bow for the result, oh
        Nothing to discuss, oh
        ‘Cause I dey win by default
        And without any doubt, oh..

        Brethren happy new year to you and yours. Get your suit ready so we can quickly bury the UPP, since they are stinking up the place

  5. Bar -I listen to ABEC release yesterday and I said to myself how foolish. This is not about filing on nomination Day It is about who is qualified or not. So if someone provided false information and the registration went through is that person still qualified. I do not support that civil servants should not be allowed to run for election. That law needs to be changed. I also blame UPP for that law remaining in the books. See when in power they did not, since the less people can challenge for office the better your chances. The Civil service has the most qualified people with the experience of running government from day one. I am not a supporter of any political party. I fact at this time I am leaning towards voting for UPP on the issue of this African immigrants, let loose on this our island.
    Anyhow as it stands right now civil servants are legally prevented from running for political office. So my question is did he resign from the civil service? My other question can he submit his resignation after nomination day ? I do hope that he has resigned because I think he has a great chance winning this seat- a good build from Cortwright Marshall and always a swing constituency.

    • @Frankly Speaking why would you back a party that constantly shows you, even in opposition, that all its good at is making bad decisions (eg this very matter.. WPP, Airport runway expansion, fencing scandal, Harold being the lawyer for odebrecht / Meinl bank…). As usual GB shows himself good a game theory by his, without effort, causing the UPP to make yet another unforced error (changing Marshall for this loser)

  6. They state essentially though their hands are tied (nomination guidelines limit them) you have the option to file an election petition (let the courts decide). More than one case in the region (eg Rosavelt Skerit matter re dual citizenship) make clear the breech (“qualification requirement to be elected) had to be fixed before nomination. Tony Astaphan, a QC, was one of the lawyers in the case, representing Skerrit, who agreed, even though this would have caused, if they lost his clients election to be ruled null and void. As usual the UPP, like the unwise virgin, has found itself with no oil (lose either way)

  7. Charles Tabor – Why on earth Mr. Kelvin Simon taken has taken so long to resign from being a civil servant. I do hope his late, yes late resignation will not affect his chances at the polls or provide room for a legal battle. It’s down right stupid. This is one of the constituency that if UPP is going to win the elections is a must win and could.
    As a people we need to be truthful to ourselves and our country. Adams was a teacher before he ran and won St.Paul’s constituency. So the UPP party had previous experience on this very issue, so why stretch it to the limit and hope that the balance of the law falls on your side. Plain and simple he should have resigned from the moment he became the candidate and there is no excuse for that.
    Tenman- I was an ardent ABLP supporter but over the recent year I have shifted to the middle grounds both for Antigua and my future generation sake. APLP also has a legal battle at hand. Assot Michael will challenge the ABLP candidate in court and would most likely be victorious. This will probably lead to UPP candidate becoming the representative with the second most votes Or someone other the Assot with Peter Red interest from the constituency take the matter to he court.
    My reasons for leaning more to UPP is this administration blatant violation of our immigration laws , with the Africans so call tourists. ABLP did not need to do this to win the election. I still think that ABLP will win because of it strong support base and the strong Caribbean nationals , now citizens support. My other reason for not supporting the ABLP is the bullying attitude of its leader Gaston Brown . The way he speak to people, even how he is trying to belittle his opponent . The ABLP does not follow its own constitution. In 2014 Gaston Browne tried to hand pick someone over Lennox Weston and lennox a bully himself threatened to take legal actions. He kicked aside Benjiman and made a statement that the guy was old , with Robin and Joseph much older. Gail Christisn was not duly nominated as the candidate. The incumbent was illegally push aside by Gaston Brown. Hey he did that to Gail herself in 2014. Similarly his wife over the President of the upper house. The APLP does not follow its own constitution. To add to that the greed is sufficient for me to take my chances and vote UPP this time around.
    I don’t know lots of people, friends and family members are thinking, saying the same thing like myself but are too partisan.

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