Supervisor of Elections AddressesElections Law
By Debra Prendergast
With the General Election of 8 Novembernearing, Mr. Kearney Gomez, Supervisor of Elections, in a recentinterview addressed aspects of the Elections Law in order to furtherclarify for the public the regulation of the Law in connectionwith advertisements of political candidates.
Mr. Gomez states "That Elections Law is particularly specificabout advertising activities on polling day. "According toSection 75 of the Elections Law", he said "there shouldbe no banners or posters within 300 feet of the polling stations.They will have to be removed before polling day; otherwise, itwould be constituted as an offense."
He also explained that, on polling day, there should be no loudspeakers, and no placards or banners can be physically displayedby persons, aside from those that had already been posted. Mr.Gomez went on to say, "We are appealing to the candidatesand their agents to be civic-minded and to please ensure thatall posters and banners are removed immediately after the elections."
The Law also explicitly governs media advertising on ElectionDay. "It is the responsibility of both the candidates andthe electronic, audio, and print media," said Mr. Gomez,"to ensure that no political advertisements are being airedon Election Day. These would include the radio and televisionstations, and it also extends to all web sites which have beendesigned for the candidates. These will also have to be cleared,as the Elections Office will be monitoring all forms of advertisementfor the duration of that period."
Mr. Gomez indicated that the Elections Office will continue itscampaign to constantly bring these and other aspects of the ElectionLaw to the public's attention for the period leading up to theelection. He stated that the Law is very clear and invites thecandidates and members of the public to familiarize themselveswith the following elements of the Election Law:
Section 75 of the Elections Law (2000 Revision) regarding advertisementstates:
Subs. (1) No person shall furnish or supply any loudspeaker, bunting,ensign, banner, standard or set of colours or any other flag,to any person with intent that it shall be carried or used onany motor cars, trucks or other vehicles as political propagandaon polling day, and no person shall, with any intent, carry oruse on motor cars, trucks or other vehicles, or in any place ormanner, any loudspeaker, bunting, ensign, banner or set of coloursor any other flag on polling day.
Subs. (2) No person shall furnish or supply any flag, ribbon,label or like favour to or for any person with intent that itbe worn or used by any person within any electoral district onpolling day as a badge to distinguish the wearer as the supporterof any candidate, or of the political or other opinions entertainedor supposed to be entertained by such candidate, and no personshall use or wear any flag, ribbon, label or other favour, assuch badge within any electoral district on polling day.
Subs. (3) No person shall issue or publish or cause to be issuedor published on polling day in any newspaper, periodical radioor television programme, or in any other printed or electronicform, any advertisement.
a) containing any matter inviting or inducing the public to vote,or not to vote, in favour of a particular candidate or group ofcandidates; or
b) setting out political or other opinions entertained or supposedto be entertained by a candidate or group of candidates.
Subs. (4) Nothing contained in subsection (1), (2) or (3) shallbe deemed to extend to the furnishing or supplying of any bannerbearing only the name of any candidate, or only such name precededby the words 'vote for', or of any rosette, or to the use of anysuch banner on any vehicle, or of any such rosette.
Subs. (5) Whoever contravenes this section is guilty of an offenseand liable on summary conviction before a magistrate to a fineof five hundred dollars or to imprisonment for six months.
The Supervisor of Elections reiterated that he and his staff atthe Election Office, situated on the fifth floor of the TowerBuilding, are available to all candidates, their agents and thegeneral public to respond to any inquiries or clarifications requiredin connection with the General Election of 8 November.