Election Day: Your Rights and Responsibilities at the Polls
With the general election approaching, citizens once again have the chance to exercise a fundamental democratic right, the right to vote. This civic duty is guided by the Representation of the People Act and the Election Rules, which aim to ensure fairness and maintain public trust. Whether you’re voting for the first time or not, knowing your rights and responsibilities at the polls is essential.
The Elections and Boundaries Commission (EBC) oversees voter registration and manages elections in all constituencies, including the preparation of official ballot papers.
Eligibility to Vote
Citizens of Trinidad and Tobago (TT) who have attained the age of 18 years are entitled to vote. Non-nationals of TT who are nationals of a Commonwealth country are also eligible to vote, provided they have lived in Trinidad and Tobago for at least one year and have resided in the relevant constituency for a minimum of two months before the qualifying date. Noteworthy, non-nationals are subject to the immigration laws of TT and must be registered with EBC to vote. Some persons are disqualified from voting, such as mentally ill persons or persons convicted of an offence and serving a sentence in excess of 12 months.
Role of the Returning Officer
Each electoral district has a Returning Officer (RO), appointed by the EBC, who manages all polling stations within that district. The RO is required to keep a copy of the revised list of electors available for public viewing. Additionally, every candidate is entitled to receive a copy of the voter list for each polling station.
At least two clear days before the election, the RO must ensure that each Presiding Officer is equipped with all necessary materials for the polling station, including ballot boxes with locking mechanisms, copies of the revised voter list, a polling station diary, an official stamp, a guidance ballot, and other essential items.
After polls close, the RO compiles and announces the total number of votes received by each candidate, based on reports from Presiding Officers. The RO is also responsible for overseeing any requested final counts.
Special Voters
To qualify as a special voter, individuals must belong to specific groups such as the Police Service, Defence Force, Prison Service, the EBC, flight crews, or any other organization approved by the Commission. Additionally, patients in hospitals or persons expected to be outside the jurisdiction on polling day may apply for special voter status. This allows them to vote on a designated date and time before the official election day.
Process on Polling/Election Day
Voting takes place from 6:00 a.m. to 6:00 p.m., and voters must arrive before closing time to cast their ballots. By law, employees are entitled to two hours in addition to their lunch break, to vote (Rule 28). Employers who interfere with or fail to allow employees at least two hours to vote can face penalties of up to $30,000 or 12-months’ imprisonment (Section 93).
Prior to the opening of the polls, each candidate may appoint one polling agent and one special polling agent to observe the inspection of empty ballot boxes and confirm they are properly sealed. If neither the candidate nor their agent is present, the Presiding Officer must invite two electors to witness the process.
Upon entering the polling station, voters present their ID card to the Poll Clerk, who verifies their name on the official list. If the voter lacks ID but appears on the list, they must complete Form 53 to vote. If the name is not listed but the person is registered, they must complete Form 54 and can still vote.
If an elector is illiterate, visually impaired or has a physical disability, a companion is allowed to assist them with voting, however, the companion must complete a declaration of secrecy.
After casting their vote in the voting booth, the ballot is correctly folded and placed in the ballot box and the elector immerses their right index finger in the electoral ink. It is important to note that a successful vote requires the voter to place the “X” in the space provided next to the candidate’s name. There must be a clear indication for whom the elector intended to vote, or else, the ballot will be rejected.
Offences on Polling Day
There are strict rules to protect the integrity of elections. Political propaganda is banned near polling stations, including music bands, loudspeakers, and banners (Sections 88 & 89), with violations carrying fines up to $7,500 or six-months’ imprisonment. Congregating within 100 yards of a polling station is also prohibited unless queuing to vote (Section 90). Attempts to influence voters near polling stations are illegal (Section 91), with similar penalties.
The sale or consumption of alcohol in or near polling stations is banned on polling day (Section 92), punishable by fines of up to $15,000 or six-months’ imprisonment.
Illegal voting practices, including impersonation and multiple voting, are punishable under Section 94. Bribery, threats or coercion are classified as corrupt practices, with fines of up to $30,000 and imprisonment.
Any violations can be reported to the Trinidad and Tobago Police Service for investigation.
Conclusion
From voter eligibility to the rules governing polling day conduct, each regulation is in place to safeguard the democratic process and ensure free and fair elections. By staying informed and following the proper procedures, voters play a key role in upholding the integrity of Trinidad and Tobago’s electoral system.
Submitted by:
Adaphia Trancoso-Ribeiro Public Defender II Senior/ Shaun Morris PD I
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: laaa.org.tt