The Electoral Commission of Jamaica (ECJ), will this week respond in writing to Parliament, in the wake of an amendment by the Senate, to three bills governing the electoral process, which prescribe discretionary sentencing by judges in cases where persons breach provisions in the law.

Nominated commissioner of the ECJ, Karl Samuda, told The Gleaner yesterday that he could not confirm whether the proposal would be delivered to Parliament today.

The commission had first recommended that the sentencing for violation of the law should be mandatory. However, the Senate did not accept that recommendation and amended the bills, which were sent back to the House for debate.

The package of legislation, passed by the Senate last week, made it an offence for an elector to intentionally display his ballot paper to reveal to any person the candidate for or against whom he intends to cast his vote.

Decision questioned

However, following the amendment to the Representation of the People Act, the Parish Council Act and the Kingston and St. Andrew Corporation Act, Director of Elections, Danville Walker, questioned the decision of the Upper House.

He argued that there was a convention that recommendations submitted by the commission should be enacted without any amendment.

Leader of Government Business in the Senate, A.J. Nicholson, and many of his colleagues, dismissed this concern, saying Parliament was the supreme body for making laws and could effect any amendment it deemed necessary.

Meanwhile, Citizens Action for Free and Fair Elections has supported the position of the majority of senators who argued that the mandatory sentencing for persons found guilty of open voting was contrary to sound principles of the administration of justice and good governance.

The House of Representatives is expected to debate the amended bills today.