Voting rights challenge filed with Human Rights Commission

Allegations of voter disenfranchisement, potentially affecting hundreds of Caymanians who reside overseas, have been made to the local Human Rights Commission in a complaint filed on Sept. 23.

The case involves a Cayman Islands voter who went to court on Sept. 12 to challenge a decision by the Elections Office in 2012 that prevented the voter from participating in the May 2013 general election. The decision would also preclude the person from voting in the upcoming general election based on their residency outside the islands for more than two of the past four years before the last voter registration date.

The date for the next general election has been set for May 24, 2017. The last voter registration date for that election was Dec. 31, 2016.

Typically, Human Rights Commission complaints are not made public, but in this case the voter released a copy of the complaint to the Cayman Compass. Commission officials made no comment regarding the matter by press time Monday.

Government documents, including emails, obtained by the Compass, state the voter’s claims during the Sept. 12 court hearing were that the voter was registered as an elector in the mid-1980s. The voter then spent a number of years living outside the Cayman Islands, but was allowed to vote via postal ballot in the May 2005 and May 2009 general elections.

The voter argued that the date they registered to vote was a “single date” and alleged their removal from the register of electors in July 2012 was therefore wrong in law.

In a Sept. 19 email to the voter involved in the registration challenge, Supervisor of Elections Wesley Howell contended that the person’s understanding of how voter registration works in Cayman was not correct: “The legal provisions for removing persons not living in the Cayman Islands for the specified number of years from the register of electors goes back many years.”

Mr. Howell stated that Magistrate Nova Hall, in her capacity as electoral revising officer, agreed with the Elections Office’s interpretation of the matter.

According to the Elections Law, the registration date is the first day of January, April, July or October next occurring after the previous register of electors comes into force.

“The registration date is not a single point in time and, for [the voter], it is not back in 1986, as the registration date happens four times a year as per the Elections Law,” Mr. Howell wrote on Sept. 19. “[The voter’s] removal from the register in 2012, at the July 1, 2012 registration date was, in fact, correct and was in keeping with the Elections Law and the Cayman Islands Constitution [Order 2009], as the date of registration for which [the voter] failed to maintain … eligibility is July 1, 2012.”

In the Human Rights Commission complaint, the voter alleges the Elections Office acted outside the scope of the Cayman Islands Constitution Order (2009) and that officials were being “over-reaching and excessively punitive” in misinterpreting the law to use residency to remove an already registered elector.

“The constitution speaks to residency at the initial date of registration when an eligible Caymanian first registers to vote, something that is permanent and a once-in-a-lifetime process for all intents and purposes, if the Caymanian is not disqualified under the conviction clause [for a criminal offense],” the complaint states.

“The right to vote is such a sacred right that the Cayman Islands government cannot put a tether on Caymanians and effectively say that they can go but not too far or too long,” the complaint states.

The voter also alleges they were advised that Magistrate Hall’s decision on the matter was “final” and that no appeals process or even a written copy of the judgment was provided following the ruling.




  1. Not so, Mr. Davies,

    According to the UK Electoral Commission, the United Kingdom permits overseas voting for its citizens who live outside of the UK for up to 15 years, which was changed from 20 years.

    In addition, the United States allows Americans to vote by absentee ballot until they die, even if they never return to the States.

    In fact, the Cayman Islands Constitution Order (2009) is silent on defining the length of time a Caymanian can live overseas to remain an eligible voter.

    I agree that a civil servant does not have the unilateral right to make a new departmental policy that conflicts with the Constitution, especially one that disenfranchises potentially thousands of Caymanians living overseas.