Electoral Commission Bill 2024

The Electoral Commission Bill 2024 is a legislative proposal in Dominica aimed at enhancing the effectiveness and independence of the country’s Electoral Commission. This bill is part of a broader electoral reform initiative that includes the House of Assembly Elections Bill 2024 and the Registration of Electors Bill 2024.

Key Provisions of the Electoral Commission Bill 2024

1. Establishment and Independence of the Commission:
   • The bill reaffirms the establishment of the Electoral Commission as outlined in Section 56(1) of the Constitution. It emphasizes the Commission’s independence, stating that it “shall not be subject to the control or direction of any person or authority” in the exercise of its functions.
2. Objectives and Functions:
   • The primary objective is to “safeguard the democratic foundations of Dominica” by ensuring that elections and referenda are conducted in a “free, fair, independent, credible, transparent and impartial manner.” The Commission is responsible for:
     • Overseeing the registration of electors.
     • Conducting elections and referenda.
     • Ensuring compliance with relevant laws by election officers and candidates.
     • Promoting voter education.
     • Implementing appropriate technology in electoral processes.
     • Establishing liaison with political parties, the media, and the public.
     • Enforcing a code of conduct.
     • Ensuring accessibility for people with disabilities and special needs.
3. Composition and Appointment:
   • The bill outlines the composition of the Commission, including the appointment of a Chief Elections Officer, who must possess a degree from a recognized university, have at least five years of management experience, and experience in electoral matters, governance, public administration, law, or political science.
4. Financial Provisions:
   • An Electoral Commission Fund is established to manage the Commission’s finances. The Fund will receive allocations from the national budget and is intended to cover administrative expenses and other necessary functions. The Commission is required to prepare annual estimates of revenue and expenditure and maintain proper accounts subject to audit.
5. Code of Conduct and Ethical Standards:
   • A comprehensive Code of Conduct is included, mandating that Commission members, the Chief Elections Officer, and staff:
     • Maintain neutrality and impartiality.
     • Avoid conflicts of interest.
     • Refrain from actions that could harm Dominica’s security interests.
     • Safeguard privileged information.
     • Uphold high ethical standards.
   • Breaches of this code are treated as misbehavior or misconduct, depending on the individual’s role.

Public Consultation and Legislative Process

The government has published the draft Electoral Commission Bill 2024 to inform the public of the proposed changes and to solicit feedback. This initiative reflects a commitment to transparency and inclusivity in the legislative process.

Concerns and Criticisms

Despite the bill’s intentions to strengthen electoral governance, concerns have been raised regarding potential conflicts of interest within the current Electoral Commission. Reports indicate that three members, including the chairman, are involved in Dominica’s Citizenship by Investment (CBI) program, leading to questions about their impartiality. Critics argue that these associations could undermine public trust in the Commission’s independence and the integrity of the electoral process.

Government’s Stance

Prime Minister Roosevelt Skerrit has emphasized the government’s dedication to comprehensive electoral reform. He has assured that the proposed legislation aims to enhance the electoral process’s transparency, fairness, and inclusivity. The Prime Minister has also addressed concerns about the voting rights of Dominicans residing abroad, affirming the government’s commitment to protecting these rights within the framework of the new legislation.

Looking Ahead

The Electoral Commission Bill 2024 marks a significant step in Dominica’s democratic evolution. By emphasizing transparency, ethical governance, and voter inclusivity, the bill seeks to modernize and strengthen the nation’s electoral system. As public consultations and debates continue, the reforms aim to align electoral practices with global standards while addressing the unique needs of Dominica’s democratic framework.