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FM
Former Member

All commissioners present at GECOM meeting

All six commissioners are in attendance at the meeting of the Guyana Elections Commission today which could make crucial decisions on the fate of the recalcitrant Chief Election Officer Keith Lowenfield and the way forward in relation to the certification of the results of the March 2nd general elections.

 

The meeting got underway just after 10 am. On Saturday, the three government-appointed commissioners were absent and so the scheduled meeting could not proceed.

Lowenfield’s defiance of explicit instructions by the GECOM Chair Claudette Singh to present the results of the recount have seen mounting calls for his summary dismissal and a temporary appointment for the completion of the process

https://www.stabroeknews.com/2...nt-at-gecom-meeting/

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GECOM meeting to continue at 2.30 pm

All six commissioners were in attendance at the meeting of the Guyana Elections Commission today which could make crucial decisions on the fate of the recalcitrant Chief Election Officer Keith Lowenfield and the way forward in relation to the certification of the results of the March 2nd general elections.

 

The meeting got underway just after 10 am and continued until just after midday. It will continue at 2.30 pm. On Saturday, the three government-appointed commissioners were absent and so the scheduled meeting could not proceed.

Lowenfield’s defiance of explicit instructions by the GECOM Chair Claudette Singh to present the results of the recount have seen mounting calls for his summary dismissal and a temporary appointment for the completion of the process.

Lowenfield’s report was the subject of much of the discussions this morning.

 https://www.stabroeknews.com/2...nt-at-gecom-meeting/
FM
President Granger deemed re-elected - PNC Mouthpiece
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Reelected President of Guyana, Brigadier David Arthur Granger
Reelected President of Guyana, Brigadier David Arthur Granger

…top legal luminary says GECOM chairman must adhere to Constitution

A TOP legal luminary here said on Sunday that David Granger has been deemed the reelected President of Guyana, based on the Constitution, given the results tendered by the Chief Elections Officer.

The legal expert says that Chairman of the Guyana Elections Commission Justice Claudette Singh has to follow the Constitution of Guyana, which requires her to declare Granger as President. β€œAnything outside of that will be considered unconstitutional,” the lawyer said, alluding to the Constitution which requires the chairman to act only on the advice of the CEO. β€œShe has a duty to uphold the Constitution; she cannot say she does not want his report and want another one.”

Chief Elections Officer (CEO) Keith Lowenfield on Saturday submitted his Elections Report to the Guyana Elections Commission (GECOM), showing a win for the A Partnership for National Unity + Alliance For Change (APNU+AFC).
The Elections Report, the third of its kind since the conduct of the March 2, 2020 General and Regional Elections, was submitted to the Chairman of GECOM, Justice (Ret’d) Claudette Singh on Saturday at around 11:00hrs by the Chief Elections Officer. It is reflective of the declarations made in March 2020 by the Returning Officers in the country’s 10 Electoral Districts.

According to the Elections Report, there were a total of 475,118 valid votes cast at the General and Regional Elections, and of that number, the APNU+AFC secured 236,777 votes, while the PPP/C raked in 229,330. A New and United Guyana (ANUG) received 2,275 votes; Change Guyana, 2,026 votes; Liberty and Justice Party (LJP), 2,569 votes; People’s Republic Party (PRP), 862 votes; The Citizenship Initiative (TCI), 680 votes; The New Movement (TNM), 246 votes; and the United Republican Party (URP), 353 votes. There were a total of 3,997 rejected ballots.
Based on the valid votes cast in favour of the Lists of Candidates that contested the elections, the APNU+AFC was allocated 33 seats; the PPP/C, 31; and the Joined Lists – ANUG, LJP, TNM – one seat in the National Assembly. The National Assembly has 65 seats.

In submitting his Elections Report, the Chief Elections Officer told the GECOM Chair his Report was consistent with Article 177 (2) (b) of the Constitution, and the Elections Laws governing the country. β€œIt is my understanding that Article 177 (2) (b) of the Constitution affords the technical officer the right to advise the Chairman of the elections result that ought to be declared. In this regard, I have prepared and submitted the results of the General and Regional Elections in accordance with my statutory and constitutional duties, and all applicable laws,” Lowenfield said in a signed letter to Justice Singh.

Lowenfield, on Friday, July 10, had sought clarification from the GECOM Chair, based on a request she had made, but instead of providing the required clarity, Justice Singh insisted that the Elections Report be submitted in accordance with Article 177 (2) (b), Section 96 of the Representation of the People Act; and the Certificates of Recount, which were generated during the 33-day National Recount.

A COLLISION WITH THE CONSTITUTION, ELECTION LAWS

In his Friday, July 10, 2020 letter, the Chief Elections Officer had said that the July 8, 2020 judgment of the Caribbean Court of Justice (CCJ) in the case – Irfaan Ali and Bharrat Jagdeo v Eslyn David and others ruled out the notion that the Elections Commission could determine the credibility of the Elections. On that basis, he said Order No. 60 – the legal instrument used to trigger the National Recount – could not be executed in its entirety. The primary objective of the National Recount was to determine a final credible count as provided for in Order No. 60.
Further, Lowenfield sought clarity on the request for another Elections Report under Section 96 of the Representation of the People Act.

β€œKindly provide guidance on how Section 96 (1) of the ROPA could be properly operationalised,” the Chief Elections Officer asked, while noting that β€œof particular relevance are two facts: 1) that the election law envisages that β€œthe votes counted, and information furnished” would be provided by statutory officers and 2) the allocation of seats is premised on the statutory report of the Returning Officers.”

On March 14, the Chief Elections Officer had submitted to the GECOM Chair an Elections Report on the basis of declarations made by the Returning Officers in the 10 Electoral Districts, in accordance with Section 96 of the Representation of the People Act, but those declarations and the Elections Report were placed in abeyance to pave way for a national recount, after allegations of electoral fraud had erupted during the tabulation of the Statements of Recount in District Four.

The Elections Commission had relied on Article 162 of the Constitution, and Section 22 of the Elections Law (Amendment) Act to bring Order No. 60 into effect, but the CCJ, in its ruling, said the allocation of seats in the National Assembly and the identification of the successful presidential candidate could only be based on the reports of the Returning Officers.

Paragraph 37 of the judgment reads: β€œBoth the allocation of seats in the National Assembly and the identification of the successful presidential candidate are determined on the sole basis of votes counted and information furnished by Returning Officers under the Representation of the People Act.”

Against this background, the Chief Elections Officer reminded the Chair of the Elections Commission that the National Recount was not undertaken by Returning Officers. β€œThe concluding opinion [Paragraph 52] of the CCJ’s judgment states that Order 60 is in tension with the Constitution of Guyana, and could not create a new election regime,” Lowenfield had said.

The Chief Elections Officer had also informed the GECOM Chair that her β€œmissive” dictating how the Elections Report should be compiled was contrary to the historic practice, since Article 177 (2) (b) states that it is the Chief Elections Officer who must advise the GECOM Chair.

https://guyanachronicle.com/20...r-deemed-re-elected/

FM

GECOM Chairman silent on dismissing Lowenfield, accepting results report

in Elections, News, Politics July 13, 2020 0 , Source - http://demerarawaves.com/2020/...ting-results-report/

The Guyana Elections Commission (GECOM) was Monday morning divided on whether to accept the Chief Elections Officer, Keith Lowenfield’s report that includes bloated regional four results or to fire him for disobeying the instructions of the Chairman, Claudette Singh.

Sources said the three pro-APNU+AFC commissioners- Vincent Alexander, Desmond Trotman and Charles Corbin-endorsed the report that shows a win for the David Granger-led coalition.

But the PPP-backed commissioners- Sase Gunraj, Robeson Benn and Bib Shadick- made out a case for Mr. Lowenfield to be fired for failing o carry out the instructions of the Commission that he was required to use the recounted and certified as valid the votes cast at the March, 2020 general and regional elections.

If the national vote recount data is used, the PPP will prevail as the winner of the controversial elections. This is the first time that GECOM has taken so long to declare results of an election, leading to mounting international pressure for the recount data to be used.

The sources said the GECOM Chairman did not say anything throughout the meeting on either of the two positions taken by the politically divided commission.

Lowenfield, from the tone of correspondence to the Chairman,   maintains that he is within his constitutional  right to deliver advice on the results to the commission, not for the commission to tell him what to include in his report.

PPP lawyer, Anil Nandlall and Senior Counsel Ralph Ramkarran, however, say that the Elections Laws and the Recount Order reinforce that the Chief Elections Officer is subjected to the direction of the commission.

On Lowenfield’s point that the recount order did not cater for Returning Officers, as specified in the Representation of the People Act, Mr. Nandlall has said the Caribbean Court of Justice did not strike down that order and instead the Election Law was used to give the Commission the power to use staff members rather than Returning Officers to conduct the recount.

The commission meeting resumes at 2:30 PM Monday.

FM
@Former Member posted:

"Guyana’s Election Laws (Amendment) Act of 2000 says, at Section 18, that the chief elections officer β€œshall, notwithstanding anything written in any law, be subject to the direction and control of the commission”.

The CEO is not above the law. His recommendation to the Chairperson is not final.

She does not have to take his recommendation.  The vote will be 4 to 3 in favour of the PPP.

R
@Former Member posted:

"Guyana’s Election Laws (Amendment) Act of 2000 says, at Section 18, that the chief elections officer β€œshall, notwithstanding anything written in any law, be subject to the direction and control of the commission”.

The CEO is not above the law. His recommendation to the Chairperson is not final.

Correct Sean.

The Chief Elections Officer is not a specific position outside of GECOM's jurisdiction.

The Chief Elections Officer is subject to the directions of the Chairman.

FM

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