When Andy Wells said people would vote for Saddam Hussein rather than him, he likely wasn't only speaking of the deep-seated animosity some people have for the mayor of the capital city.
They likely would opting for Saddam's democratic election system.
The City of St. John's mail-in ballot system is the best case yet for a new municipal elections act that brings civic elections into line with the standards of a modern democracy.
A committee of councillors plus municipal officials (who owe their paycheques to the councillors) devised a system that violates the spirit and intent of the Municipal Elections Act. Here are some examples of the Act's provisions, designed to counteract corruption (like fraud), that the city officials have repeatedly and consistently ignored:
1. Given that the voters list is out of date, contains inaccuracies and the procedures for administering the election make it possible for the same person to receive two ballots for two separate wards, the election is potentially in violation of s. 23. This section prohibits the same person from voting in two separate wards while being resident in only one.
2. The city has issued ballots to individuals who fail to qualify under s. 24 (residency). Examples have been well documented beyond the 4, 000 officially noted thus far.
3. Candidates have been unable to exercise their right under s. 25 to challenge individual voters and require that they affirm or attest to their qualification as a voter and to have said objection registered under s. 41.
4. There is some question as to whether the city has applied s. 40 requiring a record of those who have cast votes, typically by crossing names from the voting list, to preclude double-voting.
5. There is no indication that s. 38 was applied under which candidates or their agents inspect the ballot box and ensure that it is empty at the time it is sealed.
6. The provisions for declaring ballots spoiled under s. 50 have been misapplied in the case of the 700 disallowed votes. These ballots may well be otherwise valid (i.e. not overvoted etc) but they are precluded merely because city officials refuse to adopt simple methods for removing the voter declaration form from the envelope containing ballots and still preventing anyone (except election officials) from knowing how any one person voted.
Incidentally, this scrupulous adherence to the notion of secrecy is an example of the zealous way officials apply some rules but ignore others. For example, under federal and provincial election rules a voting official may assist a voter (thereby learning how the vote was cast). But they are sworn to secrecy anyway!
7. The city is in clear violation of s. 51, which provides that the ballot boxes may not be opened and counting commence until after the close of polls. There is no legitimate reason for violating this provision. The city clerk's attitude at the candidates briefing (i.e. that the election was effectively over by now anyway) is certainly an indication of the antidemocratic attitude officials have brought to the process of elections.
8. Based on all the foregoing, this mail-vote system violates s. 54(5) insofar as the procedures established by the municipal bylaw are not consistent with the principles established under the MEA.
Beyond these points, there are ample grounds to question the legitimacy of this election. The unwillingness of city officials to accept reasonable alternatives to their rules further demonstrates the substantive problems with this election.
Their goal is to deliver a result as cheaply as possible. Legitimacy and fairness are not an issue.
After this fiasco is completed, the provincial government should introduce a new elections act to bring municipal voting rules in line with provincial ones. Let the province's chief electoral officer run the entire voting process. It would be cheaper than the current system and infinitely more fair to all concerned.
It is certainly far more important and issue than discussing whether or not to change the province's flag.
What good is a flag if the basics of democracy are trampled?
