By-Election debate ongoing within NDP
Some within the party mainly the Honourable Ronnie W. Skelton’s (AL) wing, is hoping the NDP goes to a general election that likely could happened between March and April 2019.
Other elements in the party want a By-Election in January 2019 and have begun consultation with the Governor, the Police Commissioner and election office, preparing for one.
No date has been announced either by Premier and Co Leader of Government Business Dr the Honourable D. Orlando Smith (AL) or United Kingdom appointed Governor Augustus J. U. Jaspert.
However, if the by-election is called in January 2019 to fill the vacant fifth district seat, it could mean the collapse of the already divided NDP, as the Honourable Myron V. Walwyn’s (AL) wing, will run former Legislator Elvis J. Harrigan, while the Hon Skelton wing now called the Virgin Islands Alliance (VIA) will run Comptroller of Customs, Mr Wade N. Smith.
The main Opposition Virgin Islands Party (VIP) confirmed candidate is Department of Motor Vehicles boss, Mr Kye M. Rymer, who is the front runner.
The election laws
Legal experts say the 2007 Constitutional Order itself, does not deal with by-elections, the matter arises under the Election Act, 1994.
The 2007 Constitution only deals with vacancies, and it is believed that the British Overseas Territory of the Virgin Islands’ (VI) process is somewhat different from the United Kingdom (UK).
In reading Erskine May, Parliamentary Practice, 23rd Edition, there is a specific process outlined when a member of the UK House of Commons dies in office.
There is no similar provision under the VI Constitutional Order or the Standing Orders.
In fact, the only provision under the Constitution that would allow for a vacancy upon death, is under Section 67 (3)(B) by virtue of being absent for a period prescribed by the Standing Orders.—by virtue of Standing Order 84 (2).
That the period is three consecutive sittings, in any one session without leave of the Speaker.
Therefore, after the next three consecutive sittings, (there has been two consecutive Sitting since the late legislator’s passing), the seat for District Five becomes vacant and the Election Act, 1994, then kicks in.
It would then require a Writ of Election to be issued, by the Election Office.
A call to government’s Chief Information Officer Ms Desiree Smith, was not returned instead, a text message was sent claiming, “I am in a meeting.”
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