The Explanatory Notes to the Constitutional Amendment Bill state: "The petition would need to (be) supported by at least two-thirds of all the persons who, on the date of issuance of the petition, were registered voters in that constituency."How does the percentage of vote required for recall (say 67 per cent) compare to the average of the percentage of votes cast in constituencies in national elections?
It would seem that if the numerical translation of the former exceeds, or is equivalent to, the numerical translation of the latter, then the concept of the right to recall is likely to be frustrated, even where 99 per cent of the votes cast in a recall were in favour of recall.
The notes to the bill further state: "The Bill would amend section 73 of the Constitution by preventing a candidate in a general election from being elected as the member of the House of Representatives for a constituency, unless he obtains more than 50 per cent of the votes cast in the constituency."Why use different variables–"registered voters" (persons registered to vote) and "votes cast"–to determine the outcome of a recall and a run off? Should not the same variable be used in both instances?
Given that the right to recall could only be triggered after the third year, there will in effect be a one year window for recall since a by-election cannot be held in the fifth year.
If, as is being argued, the proposal for a runoff is necessary given the proposal for the right to recall and also to ensure that an elected MP receives at least 50 per cent of the votes cast, then why limit the right to recall to only a one year window–and the fourth year at that, given the costs, possible delays in installing the new government, and other hiccups that are likely to be associated with a runoff?
Further, since 50 per cent of the votes cast in a runoff will always translate to less than 50 per cent of the persons registered to vote in any particular constituency, there can clearly be an outcome where the successful candidate in a runoff would have received less than 50 per cent of the registered voters in the same constituency, and in that regard, would be a minority MP, thus defeating the purported purpose of the runoff.
Gladstone Solomon
Hope Village,Tobago