The Guyana Elections Commission’s secretariat today responded to recent statements made by the Opposition Leader about opposition scrutineers and opposition nominated members of the Elections Commission.

On the issue of Commissioners, the GECOM Secretariat said GECOM has no legal authority to determine the validity of nominations made by the Leader of the Opposition for appointment as members of the Commission. GECOM explained that the nomination and appointment of Commissioners are governed by Article 161(3)(b) of the Constitution. The Constitution outlines the process of nomination and appointment of Election Commissioners with the involvement of the Opposition Leader and the President.

The Commission said it therefore cannot intervene in, adjudicate upon or resolve any impasse involving persons nominated by the Leader of the Opposition for appointment as Commissioners.

On the issue of scrutineers, the Elections Commission confirmed that it is currently remunerating 69 scrutineers who were appointed by the APNU+AFC.

The Commission’s secretariat emphasized that the arrangement should not be interpreted as a determination that the WIN Party, or any other opposition party, is not entitled to representation. However, it was noted that the Elections Commission would have to make a determination on the issue.

The WIN party has submitted the names of persons to serve as opposition scrutineers.

The secretariat reminded that the Chief Election Officer shall, notwithstanding anything in any written law, be subject to the direction and control of the Commission, making it clear that the Chief Election Officer does not possess independent authority to alter an existing arrangement or implement a new list where the matter falls within the jurisdiction of the Commission and requires its direction or determination.

The dispute over scrutineer appointments emerged following correspondences between the Leader of the Opposition and the Chief Election Officer concerning a proposed list of scrutineers, but GECOM said the Chief Election Officer does not have independent authority to alter an existing arrangement or implement a new list.

GECOM further rejected any suggestion that it had determined that the consultation process undertaken by the Leader of the Opposition was invalid or inadequate.

GECOM said the competing positions did not result in a determination by the Chief Election Officer that the consultation was inadequate.

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