Queen’s Counsel Michael Hylton says the government will have to show that no other option was practical, if the decision is taken to bar persons with Covid-19 from voting.
Under the Charter of Fundamental Rights and Freedoms, which forms part of Jamaica’s constitution, every citizen who is registered, is guaranteed the right to vote in free and fair elections.
However, Health and Wellness Minister Dr. Christopher Tufton has said he’s recommending to Cabinet that persons infected with Covid-19 not be allowed to vote, because it poses a public health risk.
But QC Hylton says it’s not so simple.
He notes that in Singapore, the government passed a temporary law allowing electors under stay-at-home orders to vote outside their electoral divisions, in order to minimise interactions with others.
Voting in Singapore is compulsory.
However, the new law excuses voters who are quarantined.
In Jamaica, QC Hylton says voters are required to go to a polling booth, and it’s too late now to change the law.
The Queens Counsel says he does not know whether a denial of voting rights can lead to an election result being voided.
But he says it’s unlikely that such a challenge would be successful in court.
Michael Hylton, Queens Counsel. He was speaking yesterday with Abka Fitz Henley and Danielle Archer on Nationwide This Morning.
