Election candidate rules ‘arguably unreasonable’, observers say

The restrictions on who can stand for Parliament are “significant and arguably unreasonable”, a Commonwealth Parliamentary Association observer mission said on Friday.

The election observer team, from the association’s British Islands and Mediterranean Region section, highlighted the requirement for candidates to be resident in Cayman for at least seven years before nomination day, with no absence longer than 400 days during that time.

They added that the qualification to vote should also be examined as “a large number of long-term residents” could not take part in the democratic process because they lacked Caymanian citizenship.

Anne Marlborough, an election analyst from Ireland, said that there were “areas of the law that were not ideal”, such as legislation around who could stand for election and who could vote.

Marlborough added that anyone who had been sentenced to prison for 12 months or more was also ineligible to stand for election and that should be considered, particularly as a legal review was to be carried out on the rules on spent convictions.

The mission also singled out the “significant” differences in the size of constituencies, with Bodden Town West having 1,774 voters, but East End having 899.

Rob Ward, the head of mission and a deputy in the States Assembly of Jersey, said, “Parliament rejected the latest Electoral Boundary Commission proposals and the boundary revision is overdue.”

He added that campaign financing was “the most frequent issue” raised, with complaints about “the level of campaign expenditure permitted and the abuse of regulations on spending prior to the official election period”.

But Marlborough said that complaints about ballot counts taking too long were unfair.

She pointed out that, in addition to the general election, there were three referendum questions and that candidates’ agents and observers had the right to scrutinise “every single vote and make sure they are in agreement as to what the voters’ intention was”.

Marlborough added, “We wouldn’t really consider that a matter for delay. There are no standards about the speed at which a count is conducted.

“What is really important to us is that the count is conducted properly, lawfully and that it’s transparent — that everyone who is present who is supposed to be present, particularly the candidates’ agents and any observers who might be there, that they have the opportunity to see what’s happening,” she said.

“So this may mean that they have to look at every single vote and be given the opportunity to ensure that they are in agreement as to what the voter’s intention was.”

Marlborough added that election officials had to count “four issues simultaneously”, which would take more time.

“But for us, our conclusion was that the conduct of Election Day, including the count, was without flaw,” she said.

The observer mission team said new technology to speed counts could be looked at, but that was a decision for the Caymanian government.

The mission did criticise the late adoption of the Referendum Act, which only gained assent less than two months before the election.

The team said, “International good practice counsels against a change in the fundamental elements of electoral law in close proximity to an election, with one year considered appropriate as a minimum to ensure stability in the law.

“The Referendum Act, assented to on 18 February, has modified the Elections Act, but without alteration to the fundamental elements of the legislation. Nonetheless, this was a less-than-optimal period within which to introduce such legislation.”

But Ward emphasised, “The election campaign itself was vibrant, competitive and peaceful.”

He added, “It was very transparent and, yes, it took time, but it was clear as to what was going on for everybody who was at the count.”

The group also fielded a question about a ballot box left at the Prospect polling station.

Sandi Gale, an election analyst, said they were aware of the incident, but that the box was empty, so the election was not affected.

Marlborough fielded a question about posters related to referendum questions remaining up on Election Day.

She said that election legislation was well understood and clear, but that the law around referendums was not.

She added, “The Referendum Act is a very slight piece of legislation — very little content really apart from amending provisions of the Elections Act to facilitate the conduct of the referendum in tandem with the election.

“But it does not regulate matters such as campaigning, lobby groups, spending — there are many items which are not dealt with at all in relation to the referendum.”

Marlborough said there was no specific international law around referendums, but guidelines of good practice did exist.

She said the guidelines emphasised the need for “equity, a level playing field in the conduct of a referendum” and that limits on financing to ensure fairness were recommended.

Ward added that the team had not seen anything about the conduct of the election process that was “untoward” and that there was “great pride” in doing their jobs well among polling station staff.

He said, “Whenever there is an election with thousands of people voting, there will be situations that will arise.

“In general, I thought they were dealt with very well by the presiding officers and other officials available and the staff there. I wouldn’t pick out any specific situation that I could recount.”

Ward also praised the mobile voting system, which accommodated people unable to get out to vote, as an outstanding feature of the Cayman election process.

Alun Davies, a member of Senedd Cymru, the Welsh Parliament, added he was struck by the “kindness” of staff at polling stations “helping people and enabling people to participate”.

He said, “One thing that stood out to me was human kindness and I think that’s something to be commended. Also, the way that counting officers took so much care and attention to each individual vote.”