The Governor has no “explicit power” to change the polling place for an upcoming by-election, she said yesterday, after an objection was raised by the Opposition leader about the intended venue.

Rena Lalgie said she carefully considered the point from Jarion Richardson, who was concerned about the use of Allen Temple African Methodist Episcopal Church Hall in Sandys owing to its “strong relationship” with the Progressive Labour Party’s candidate.

The Reverend Emily Gail Dill, for the PLP, Carl Neblett, of the One Bermuda Alliance, Marc Bean, for the Free Democratic Movement, and independent candidate Cire Bean officially confirmed their nominations to stand in the by-election today.

Voters in Sandys North will go to the polls on October 4 after the resignation last month of Kathy-Lynn Simmons, who was a government MP.

It was announced on August 22 that a writ of election was issued and the polling station was set as the Allen Temple AME Church Hall.

Dr Dill — who was announced as the PLP candidate on August 30 — is a minister at the church, where her husband is the pastor.

Mr Richardson, who is also the OBA leader, said that he raised an objection in his position as Opposition leader.

He told The Royal Gazettethis week that he sent a letter to the Governor on September 11 and told her that, under the circumstances, he was unable to see how a free, fair and trusted election could take place.

Mr Richardson added that his letter claimed that the integrity of the by-election would be called into question and “respectfully” requested that the Parliamentary Registrar change the location to one unassociated with any of the candidates.

In a statement, Ms Lalgie said today that on August 22, after advice from the Parliamentary Registrar, she issued a writ of election, which appointed the church hall as the election room for the Constituency 36 by-election.

She added: “The Allen Temple AME Church Hall met the criteria for election rooms as set out in 27(6) of the Parliamentary Election Act 1978.

“At that time, neither the Parliamentary Registrar nor the Governor had access to any information that would have given rise to any concerns about the neutrality or fairness of that venue.

“The Leader of the Opposition has made public that he wrote to me on September 11 to object to the election room given the nature and degree of the association with one of the individuals who had at that point indicated their intent to stand.

“Since then, I have received legal advice and sought feedback from the individuals who, prior to Nomination Day, publicly indicated their intention to stand and therefore have unquestionable standing. More generally, I have carefully considered the objection.”

Ms Lalgie said that the Act provided, under Section 27A (1), that the Governor can, “in a narrow and specific set of circumstances”, between the date of the writ and polling day, cancel the polling day and appoint another.

She added: “In the event that another polling day has been appointed and the Governor is of the opinion that the election room will not be available for the purposes of the election, the Governor may appoint a substitute election room under 27A (7) of the Act.

“However, I have been advised that the Parliamentary Registrar has no power to nominate an election room; and once the writ of election has been issued, the Governor does not have an explicit power to change the election room, in the circumstances such as we find ourselves in.”

Me Lalgie said: “I have today written to the Leader of the Opposition to state that I have no explicit legislative authority to intervene.

“Section 47 of the Parliamentary Act 1978 does specify that it is an offence for the premises above, below, adjacent to and within the same curtilage of the election room to be used for the purposes of a committee room, ie, a room used for the purposes of a political party or other association of persons interested or concerned in promoting the election of any candidate nominated in any parliamentary election.

“Regardless of the merits of any concerns or objections, it is my view that a Governor being seen to interfere in the election process in circumstances where they do not have an explicit legal power is less than ideal.

“However, I believe that it is incumbent on those that hold and who aspire to hold high public office to do everything within their power to adhere not just to the letter of the legislation but also to uphold the principles and values that underpin elections in a parliamentary democracy and I trust that this will be the case in this instance.”

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