The law is silent at this time on whether those Jamaicans living in the diaspora are excluded from participating in the electoral process. It sets out, however, the qualifying conditions to be included on the voters list.
Once qualified to be on the list, then you are entitled to vote at any election provided certain conditions are met.
The law provides that every Jamaican citizen over the age of 18 years and who is resident in Jamaica is entitled to register to vote. This was changed from 21 years to 18 years in 1972 under the Registration of Electors (Prescribed Age) Special Act.
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Diasporans can vote if…
The law is silent at this time on whether those Jamaicans living in the diaspora are excluded from participating in the electoral process. It sets out, however, the qualifying conditions to be included on the voters list.
Once qualified to be on the list, then you are entitled to vote at any election provided certain conditions are met.
The law provides that every Jamaican citizen over the age of 18 years and who is resident in Jamaica is entitled to register to vote. This was changed from 21 years to 18 years in 1972 under the Registration of Electors (Prescribed Age) Special Act.
The Electoral Commission of Jamaica (ECJ) which publishes two voters’ list each year on May 31 and the other six months later on November 30, says if an elector has just turned 18, they may be asked to show proof of age, so they should take along their birth certificate.
Also, a commonwealth citizen who is 18 or older and who is resident in Jamaica at the date of registration as well as having been resident in the previous 12 months before registration is entitled to vote.
However, persons registered to vote must not be subject to legal incapacity which would prevent the exercise of the franchise such as being of unsound mind, convicted or under a suspended sentence.
Section 5 subsection 1 of the Representation of the People Act says in part
“…every qualified person shall be entitled to be registered in accordance with the rules…as an elector for the polling division in which he is ordinarily resident.”
(2) “…every person shall be entitled to vote at an election of the House of Representatives for any constituency if his name appears on the official list for a polling division comprised in such constituency unless
(a) subsequent to his registration he ceases to be a Commonwealth citizen or to be ordinarily resident in Jamaica; or
(b) on election day he is an inmate of any mental hospital or undergoing any sentence of imprisonment.”
After filling out the application, Electoral Office of Jamaica (EOJ) representatives and scrutineers (political party representatives) will visit the residence later to verify the address given. The registration process is not complete until the residence has been verified.
The law requires that registration verifies the place where an elector is ‘normally resident’. This means the place where you call home, and it can be proven that you live there. If the elector has more than one residence, there will be a need to indicate the one in the constituency in which the elector prefers to vote. Once the address has been verified, the application is processed.
When the registration process is complete, the elector’s name is added to the voters’ list and an ID card will be issued, but only after the voters list has been published.
Having now been placed on the voters list, it comes with rights and responsibilities.
Section 34 subsection 1 of the Act says in part
“…any person whose name appears upon the official list of electors shall be permitted to vote at the polling station on the official list of electors for which his name appears.
(2) Where there is contained in the official list of electors a name, address and occupation which correspond so closely with a name, address and occupation of a person by whom a ballot is demanded as to suggest that the entry in such official list of electors was intended to refer to him, such person shall, upon taking the oath in the form set out in the Second Schedule and complying in all respects with the provisions of the Act, be entitled to receive a ballot and to vote. In any such case the name, address and occupation shall be correctly entered in the poll book and the fact that the oath has been taken shall be entered in the proper column of the poll book.”
(3) “…no elector shall receive a ballot paper or be permitted to unless his identity as the person whose name appears of the official list of electors for that polling division has been established, as directed by the presiding officer or any other person authorized by him…”
If the elector refuses to be identified by means of fingerprint, then the law says he or she shall not be issued with a ballot paper and the name shall be crossed in the poll book and the words “Refused to be identified by fingerprint” shall be written thereafter.
However, if the equipment fails to function or to function properly or no equipment is provided, the elector must produce his identification card or other prescribed document establishing his identity in addition to taking the oath.
The Electoral Commission of Jamaica, through the Electoral Office of Jamaica, is the body responsible for the conduct of elections in Jamaica. It comprises eight members appointed by the Governor-General; four selected commissioners, four nominated Commissioners and the Director of Elections.
The Electoral Office of Jamaica (EOJ), headed by the Director of Elections, is the public government agency established in 1943 to administer the conduct of parliamentary and local government elections.
