Attorney General and Minister of Legal Affairs Anil Nandlall has warned that any person found obstructing a citizen’s right to vote or misleading a voter on Election Day will be charged in accordance with the Representation of the People’s Act (ROPA).
“Those who are being encouraged to create these kinds of obstructions and interference, the law lays out very clearly the consequences that will flow from your actions,” he noted during his programme ‘Issues in the News’ on Tuesday.
The Attorney General was at the time responding to utterances by Opposition Leader Aubrey Norton who reportedly said he will advise his party’s polling agents against allowing any person speaking a foreign language from voting come September 1.
“That is highly irresponsible and reckless statement for a political leader to make,” Nandlall said, given “we have a serious history of misbehavior at elections from party officials and officials manning the elections.”
Nandlall pointed to section 78 of the ROPA which criminalises obstructing or interfering with access to or egress from as polling place, the voting process, the conveyance of documents and other materials, counting of votes cast at an elections and an Elections Officer exercising his/her functions.
Section 78 (b) specifically states that any person who, without due authority, obstructs, or otherwise interferes with the voting at an election by any person registered as an elector, has committed an offence.
The penalties for any of the above includes a $5M fine along with three years imprisonment and the disqualification of being elected to the National Assembly.
Misleading an elector by providing misleading information or making a misleading statement to the elector, is also a crime and is liable for a fine of $5M and imprisonment for three years.
Relating to the foreign language speakers, Nandlall pointed out that any attempt to bar persons who are eligible voters based on a language barrier will be an act of discrimination and a manifestation of xenophobia “which is an international crime.”
In fact, it must be clarified that Section 72 (10) of the ROPA, Chapter 1:03 makes provision for this category of voters at the place of poll.
Specifically, the law stipulates that, “whenever in the opinion of the presiding officer an elector does not understand the language spoken to him, he may appoint and swear, in Form 20, an interpreter; and the interpreter, so sworn, shall be the means of communication between the presiding officer and the elector with regard to all matters required to enable the elector to vote.”
Therefore, Nandlall emphasised “anyone who thinks that they can get persons to obstruct and interfere with electors who are registered and qualified to vote from exercising their right to vote, well they have legal consequences of a highly punitive nature that will come their way.”
GECOM is currently conducting Claims and Objections which will pave the way for the publishing of the Official List of Electors ahead of the July 14, 2025 Nominations Day.
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