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Debating dual citizenship
Published in the Jamaica Gleaner: Wednesday | August 22, 2007
There is much debate in political circles about whether candidates with dual citizenship should be allowed to sit in Gordon House if they are successful in the coming general election.
What the law says.
Section 41 (2) of the Jamaica Constitution states: "No person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who: is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state".
Section 23 (2) of the Representation of the People Act states: "Any 10 or more electors qualified to vote in a constituency for which an election is to be held may nominate any person qualified to be a member of the House of Representatives as a candidate" by signing a nomination paper and handing it to the returning officer.
If a returning officer and chief electoral officer fail to ensure that the 10 electors who nominate a candidate are "qualified to vote" and that the candidate so nominated is "qualified to be a member of the House of Representatives," the issue may be taken to court, either before or after the election, if before, as a constitutional motion; if after, as an election petition, pursuant to the Election Petitions Act.
The effect of challenging the nomination in the Supreme Court or Constitutional Court before the election, if successful, would be to render the nomination unconstitutional and void and thereafter, the next candidate with the highest votes would by default win the election.
If challenged in the Election Court successfully after the election, which would likely only be done if the challenged candidate was elected, it would render the election of that candidate void and thereafter, "the poll shall be retaken on such day within a period of 28 days from the date of the declaration or so soon after such period as the constituted authority may deem reasonably practicable". (Section 52B of the Representation of the People Act.)
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