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FM
Former Member

GECOM to meet tomorrow at 11am

Following the ruling of the Court of Appeal today, the seven-member Guyana Elections Commission (GECOM) is scheduled to meet tomorrow at 11:00hrs.

This was confirmed by several Commissioners.

The Court of Appeal has ruled, in the case brought by APNU/AFC supporter Eslyn David, that only valid votes must be used in the determination of the elections results.

At the last meeting of the Commission on Thursday, June 18, the Chief Elections Officer Keith Lowenfield was slated to submit his final elections report, paving the way for the official declaration of the winner of the 2020 elections held more than three months ago.

Lowenfield was directed to submit the report after GECOM’s Chair Justice Claudette Singh decided that she will go ahead with the declaration of the certified results from the recount exercise, which showed that the PPP/C won with 233,336.

However, on Thursday, Lowenfield was served with a mere Notice of Motion and as such, he opted to not submit the report.

Additionally, there was no quorum at the Commission’s meeting following the absence of two government commissioners.

Those circumstances resulted in the meeting being adjourned to the next day, Friday, June 19. However, that meeting was put on hold due to the hearing on the Notice of Motion in the Appeal Court.

With the ruling delivered, the Commission will meet again tomorrow to discuss the way forward.

General Secretary of the PPP/C, Bharrat Jagdeo has already contended that there is nothing preventing GECOM from making a declaration since the issue of β€œvalid votes” has already been settled by the Commission.

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Valid votes already determined by GECOM; nothing preventing declaration – Jagdeo

Reacting to the ruling of the Court of Appeal today, General Secretary of the Peoples Progressive Party/ Civic (PPP/C), Bharrat Jagdeo said that there is nothing preventing the Guyana Elections Commission (GECOM) from moving ahead in making an official declaration of the results of March 2 General and Regional Elections since the issue of β€œvalid votes” has already been β€œsettled” by the Commission.

Jagdeo was at the time giving an initial reaction to the decision by the Court of Appeal regarding the interpretation of Article 177 (4) of the Constitution of Guyana in the case  brought by Coalition supporter, Eslyn David.

β€œThe issue of valid votes had already been determined by the Commission and should set the stage for a declaration,” Jagdeo said during a virtual presentation.

He explained that the Commission had already decided what valid votes are when it directed Chief Elections Officer, Keith Lowenfield, to present his report based on the figures coming out of the national recount which show that the PPP/C has secured more valid votes that any other party that contested the polls.

β€œTotal valid votes have already been determined by the Commission…They didn’t do it on the whims or the fancies of the APNU or Lowenfield, they did it on the basis of documentary evidence presented to them by Lowenfield,” Jagdeo posited.

Jagdeo added that all the International and Local Observers have already determined that the recount was credible and the final declaration should be on the basis of those results.

β€œOn the question of validity of votes, clearly the Court of Appeal could not mean that Lowenfield or any single political party, and in this case APNU, can solely determine what valid votes are.”

β€œThis has to be determined on a process…and we are contending that this is already catered for in our laws,” Jagdeo argued.

The General Secretary said that the coalition is desperately trying to use all avenues, including the court system and elements within the electoral machinery to hang on to power.

β€œLowenfield and APNU are not trying to determine valid votes, they are trying to invalidate valid votes. That is the issue here.”

Jagdeo noted that based on the narrative being pushed by the Coalition, β€œ285,000 voters will lose their votes.”

The Court of Appeal today agreed by majority decision to issue an order that there be an interpretation of the words β€œmore votes are cast” in Article 177 (2) (b) of the Constitution of Guyana.

https://i1.wp.com/www.inewsguyana.com/wp-content/uploads/2020/06/Bharrat-Jagdeo5.png?resize=691%2C420&ssl=1Bharrat Jagdeo, General Secretary of the Peoples Progressive Party Civic (PPP/C)

FM
@Sheik101 posted:

So after reading most of the posts here, It is now Lowenfield with the ball in his court.

Feel like lil souse an black pudding all of a sudden.

They will vote and there is going to be a tie. Claudette Singh will cast the deciding vote.  She was a judge and well versed in the constitution.  She knows that the courts were biased towards the PPP. She will make up her own mind.

R
@Ramakant-P posted:

They will vote and there is going to be a tie. Claudette Singh will cast the deciding vote.  She was a judge and well versed in the constitution.  She knows that the courts were biased towards the PPP. She will make up her own mind.

How many here are ready to believe this.

From day 1 Gecom was an APNU apparatus and still is. Some of u ade banking too much on Claudette. But let's not get excited. Wait and see.

Sheik101
@Ramakant-P posted:

They will vote and there is going to be a tie.

Claudette Singh will cast the deciding vote. 

She was a judge and well versed in the constitution.  She knows that the courts were biased towards the PPP. She will make up her own mind.

Not necessarily so.

Situation could arise that .....

1. Two or all of the government Commissioners can indeed stay away from the meeting.

2. In that case, the meeting must be cancelled for the rules explicitly states that; as a minimum; two Commissioners each from the government and the opposition sides must be present at the meeting.

Now another meeting can be called and the same situation may arise that two government commissioners continues to be absent. The Chairman of GECOM must wait for two days to call another meeting.

After the two-day period, GECOM Chairman can again call a meeting which can proceed if two or the three government commissioners are missing.

In other words ... after the calling of a few meetings where two or all of the government commissioners are missing; the Chairman then has the right under the laws and procedures for GECOM to call a meeting and proceed with business with the opposition members plus herself -- which is four - 4- members of the commission.

GECOM Chairman plus the three opposition members form a quorum and all matters taken at that meeting becomes valid.

FM
@Ramakant-P posted:

They will vote and there is going to be a tie. Claudette Singh will cast the deciding vote.  She was a judge and well versed in the constitution.  She knows that the courts were biased towards the PPP. She will make up her own mind.

There is no more vote. This vote was cast by Mrs Singh, hence her instruction  to Lowenfield to prepare a report on the results of the recount to submit to the Commission for a declaration.This clears the way for PPP/C Presidential Candidate, Irfaan Ali to be sworn in as President following the declaration, as the recount has shown the PPP/C to have attained a clear lead of 15,416 votes.The report is to be made under Section 96 of the Representation of the People Act as stated in the gazetted recount order. 

There is no if and but. Its left to see what report Lowenfield will prepare. If he subvert the process, GECOM has the authority to declare the results and Lowenfield would amount to a conspiracy to commit electoral fraud and can be jail for life.

FM

How is it going to be a tie?  Explain!

Jagdeo is absolutely right to say that the CEO, Keith Lowenfield is trying to invalidate valid votes.  These two judges  are the ones who agreed with the PNC that 32 is greater than 33 and the NCM case ended up at the CCJ. Why would I be surprised at the silly decisions these two clowns on the bench made today?  Their history on issues like this has been horrendous. 

Billy Ram Balgobin
Last edited by Billy Ram Balgobin

Mohabir Anil Nandlall

3 hrs Β· 

In a majority decision of 2-1, the Guyana Court of Appeal ruled, today, that the term β€œmore votes” used in Article 177 of the Constitution mean β€œmore valid votes”. Obviously, the term β€œvotes” in law can only mean β€œvalid”votes.

The truth is that the national recount exercise generated ten (10) certificates constituting the aggregate of the of valid votes cast in each Electoral District. These ten (10) totals of valid votes, were tabulated and ascertained by the CEO and submitted to the Commission in two separate Reports showing total valid votes for National Elections and total valid votes for Regional Elections, pursuant to the provisions of Article 177 of the Constitution and Section 96 of the Representation of the People Act.

It would be recalled that the Chairperson of GECOM, at a meeting of the Commission held on the 18th day of June 2020, was very clear that GECOM can only declare a result based upon valid votes and found that the results generated by the national recount exercise consist of only valid votes and that anyone who wishes to challenge the validity of any of these votes can only do so by way of an Election Petition, filed in the High Court.

Therefore, the Court of Appeal ruling, today, changes nothing in that the votes that GECOM has recounted, tabulated and totaled are only valid votes.

As a result, all that the CEO is now left to do, is to allocate the seats to be awarded to the respective parties, based upon the total valid votes cast in their favour and identify Irfaan Ali as the duly elected President of Guyana.

I await written copies of the decisions of the three Judges of the Court of Appeal and will advise on the way forward.Appealing to the Caribbean Court of Justice remains an option.

NOTHING THEREFORE STOP GECOM FROM DECLARING THE RESULTS BASED UPON THE VALID VOTES GENERATED BY THE RECOUNT!

FM
@Former Member posted:

There is no more vote. This vote was cast by Mrs Singh, hence her instruction  to Lowenfield to prepare a report on the results of the recount to submit to the Commission for a declaration.This clears the way for PPP/C Presidential Candidate, Irfaan Ali to be sworn in as President following the declaration, as the recount has shown the PPP/C to have attained a clear lead of 15,416 votes.The report is to be made under Section 96 of the Representation of the People Act as stated in the gazetted recount order. 

There is no if and but. Its left to see what report Lowenfield will prepare. If he subvert the process, GECOM has the authority to declare the results and Lowenfield would amount to a conspiracy to commit electoral fraud and can be jail for life.

Dave, I am sorry to tell you this but Irfaan isn't getting into office. This is why your party is already attempting to appeal today's decision. No matter what Jagdeo of Nandlall tells you, watch their actions. Today was a nail in the coffin for PPP/C.

Lowenfield will be declaring on valid votes, which is NOT the same as "recount results."

 

Rochelle
@Rochelle posted:

Dave, I am sorry to tell you this but Irfaan isn't getting into office. This is why your party is already attempting to appeal today's decision. No matter what Jagdeo of Nandlall tells you, watch their actions. Today was a nail in the coffin for PPP/C.

Lowenfield will be declaring on valid votes, which is NOT the same as "recount results."

 

Hey hey hey hey...suh de valid vote is de ones ayoo chuch goers spoil by disappear de document like how de buxton freedom figher disappear dem Indos pon de east coase? Hey hey hey...valid mean ayoo throw away de document? 

FM
@Rochelle posted:

Dave, I am sorry to tell you this but Irfaan isn't getting into office. This is why your party is already attempting to appeal today's decision. No matter what Jagdeo of Nandlall tells you, watch their actions. Today was a nail in the coffin for PPP/C.

Lowenfield will be declaring on valid votes, which is NOT the same as "recount results."

 

Woman the court did not expand on what are valid votes. It is therefore up to Gecom to determine what are valid votes.
Gecom having already determined that the votes cast as per the recount are what it will consider as valid, GECOM can now go ahead and declare in accordance with the recount.... stop making up stories. 

FM
@Rochelle posted:

Dave, I am sorry to tell you this but Irfaan isn't getting into office. This is why your party is already attempting to appeal today's decision. No matter what Jagdeo of Nandlall tells you, watch their actions. Today was a nail in the coffin for PPP/C.

Lowenfield will be declaring on valid votes, which is NOT the same as "recount results."

 

If you were a Lawyer, you would have been disbarred by now. Stop making up stories, your PNC handlers are feeding you lies.

K
@kp posted:

If you were a Lawyer, you would have been disbarred by now. Stop making up stories, your PNC handlers are feeding you lies.

First they had a issue with Maths, now it is language... and these are the people who wants to run a country. For 5 years, they did nothing for their supporters and their supporters  are blind as to what is going on. BK and Rambarran ( two collie swimming with Harmon and Volda ( two black) defrauding the country.   

FM
@Former Member posted:

Woman the court did not expand on what are valid votes. It is therefore up to Gecom to determine what are valid votes.
Gecom having already determined that the votes cast as per the recount are what it will consider as valid, GECOM can now go ahead and declare in accordance with the recount.... stop making up stories. 

Dave, the Court did expand on what a valid vote is. 

Under today's majority rule, a valid vote is one that can be reconciled with all requisite statutory documents as outlined under Order No. 60 of the recount.

That does not equate, nor should you believe it to mean all tabulated votes.

Rochelle
@Rochelle posted:

Dave, the Court did expand on what a valid vote is. 

Under today's majority rule, a valid vote is one that can be reconciled with all requisite statutory documents as outlined under Order No. 60 of the recount.

That does not equate, nor should you believe it to mean all tabulated votes.

"The Court of Appeal ruled that in determining the results of the elections, the country’s Chief Elections Officer, Keith Lowenfield, must do so based on who received the most β€œvalid” votes.

But the Court did not block the Elections Commission from carrying out its work and granted a three-day stay of the order in which it inserted the word β€œvalid” in the Constitution. The Representation of the People Act tells us what a valid vote is and what a valid voter is. 

The Chief Elections Officer in his report of the national vote recount showed the totals for the ten electoral districts which were signed off by GECOM’s own staff as being valid; when added up, Lowenfield’s report shows the Opposition People’s Progressive Party (PPP) winning the elections by 15, 416 votes.

FM
@Former Member posted:

The Chief Elections Officer in his report of the national vote recount showed the totals for the ten electoral districts which were signed off by GECOM’s own staff as being valid; when added up, Lowenfield’s report shows the Opposition People’s Progressive Party (PPP) winning the elections by 15, 416 votes.

 - Valid -

Specific word on all official documents signed by the respective officials for the tabulation of votes for each district.

One needs to see how the issues will evolve, basically from day to day.

FM
@Former Member posted:

 - Valid -

Specific word on all official documents signed by the respective officials for the tabulation of votes for each district.

One needs to see how the issues will evolve, basically from day to day.

Thank you Sir and GECOM established ALL RECOUNT VOTES VALID, hence numbers from RECOUNT to be SUBMITTED!

FM
@Former Member posted:

"The Court of Appeal ruled that in determining the results of the elections, the country’s Chief Elections Officer, Keith Lowenfield, must do so based on who received the most β€œvalid” votes.

But the Court did not block the Elections Commission from carrying out its work and granted a three-day stay of the order in which it inserted the word β€œvalid” in the Constitution. The Representation of the People Act tells us what a valid vote is and what a valid voter is. 

The Chief Elections Officer in his report of the national vote recount showed the totals for the ten electoral districts which were signed off by GECOM’s own staff as being valid; when added up, Lowenfield’s report shows the Opposition People’s Progressive Party (PPP) winning the elections by 15, 416 votes.

Who ever feeding you the information is clueless.

Django
@Rochelle posted:

Dave, the Court did expand on what a valid vote is. 

Under today's majority rule, a valid vote is one that can be reconciled with all requisite statutory documents as outlined under Order No. 60 of the recount.

That does not equate, nor should you believe it to mean all tabulated votes.

The court DID NOT expand on what a valid vote is , but instead insert the word VALID in the constitution, which is a amendment to our constitution  that only parliament can do... but so much for PNC in abusing the laws of Guyana and you people is contend.

FM

PLAN FOR RECOUNT OF VOTES CAST FOR LIST OF CANDIDATES GENERAL AND REGIONAL ELECTIONS 2020

Prepared by GECOM Secretariat 27 April 2020

Prepared by GECOM Secretariat under the guidance of the Commission - 27/04/2020

Source - https://guyana.crowdstack.io/fileSen...020%20%20%282%29.pdf

On page 5 of the document

5d. In order to establish the credibility of the recount it will be conducted in a two-step method:

  i. Ascertain the number of electors who appeared to have voted at the polling station.

 ii. Count the used ballots -- valid votes, rejected and destroyed ballots and unused ballots against

 iii. In the event of any dispute in relation to the validity of a ballot paper, the counting clerk will consult with the Team Supervisor of that workstation. If the matter remains unresolved the Supervisor must consult with the CEO.

FM
@Former Member posted:

PLAN FOR RECOUNT OF VOTES CAST FOR LIST OF CANDIDATES GENERAL AND REGIONAL ELECTIONS 2020

Prepared by GECOM Secretariat 27 April 2020

Prepared by GECOM Secretariat under the guidance of the Commission - 27/04/2020

Source - https://guyana.crowdstack.io/fileSen...020%20%20%282%29.pdf

On page 5 of the document

5d. In order to establish the credibility of the recount it will be conducted in a two-step method:

  i. Ascertain the number of electors who appeared to have voted at the polling station.

 ii. Count the used ballots -- valid votes, rejected and destroyed ballots and unused ballots against

 iii. In the event of any dispute in relation to the validity of a ballot paper, the counting clerk will consult with the Team Supervisor of that workstation. If the matter remains unresolved the Supervisor must consult with the CEO.

This was prior to the Order No. 60. That very document is the blueprint that was used as a guideline for the recount process. 

Rochelle
@Former Member posted:

GECOM to meet at 11a tomorrow. Reminder that the SORs are signed off by GECOM & all votes are valid. The Court says only valid votes must be considered. Over to you Chairwoman.

  

You can't make this stuff up. And in large font, too. 

Thanks, Dave, for the kind reminder. I really needed that emphasis.

OMG, what a day its been.  

Rochelle
@Rochelle posted:

I am exhausted. Even use of layman terms to explain the Court's ruling isn't getting through.

Probably a doodle pad for toddlers may work? I'm running out of ideas here. Help!

I think it is getting through but there is non acceptance because of what it means. So they deflect and deny. It may be best to let it play out in the actual release  of the results and we go from there.

FM

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