CAFFE REPORT

THE 2020 GENERAL PARLIAMENTARY ELECTIONS IN JAMAICA i TABLE OF CONTENTS ii PREFACE iii ACKNOWLEDGEMENTS iv EXECUTIVE SUMMARY

CHAPTER 1 – AN OVERVIEW OF CAFFE’S MISSION 1.1 Formation and Mission 1.2 Pursuing the Mission 1.3 The Continuity of CAFFE 1.4 The Democracy Clubs in Schools Project 1.5 The Future

CHAPTER 2 – LEGAL FRAMEWORK AND REFORM

2.1 The Electoral Commission of Jamaica 2.2 The Electoral Office of Jamaica 2.3 The Right to Register and Vote 2.4 Changes in Ballots 2.5 Open Voting 2.6 Delimitations of Constituencies 2.7 Registration of Political Parties 2.8 Campaign Financing 2.9 Prohibition of Campaign Activities

CHAPTER 3 - THE ELECTION CAMPAIGN

3.1 Introduction 3.2 Monitoring the Political Code of Conduct 3.3 Media Coverage and Advertising 3.4 Polling 3.5 Manifestos 3.6 National Debates 3.7 General Covid-19 Protocols for Electors 3.8 Protocols for Electors Positive for Covid-19 3.9 Adherence to the Protocols

CHAPTER 4 - CAFFE’s INITIAL ACTIVITIES

4.1 Fundraising 4.2 Recruitment 4.3 Training Videos 4.4 Sourcing of Materials for Volunteers

CHAPTER 5 - CAFFE’s GENERAL ELECTION DAY ACTIVITIES

5.1 Deployment of Volunteers 5.2 Election Day Data Centre Operations 5.3 CAFFE Headquarters

CHAPTER 6 - SUMMARY OF CAFFE COORDINATORS’ AND OBSERVERS’ REPORTS

6.1 Summary of CAFFE Coordinators’ and Roving Observers’ Reports 6.2 Summary of CAFFE Observers’ Reports 6.3 Misunderstanding by EOJ Workers of the role of CAFFE Observers 6.4 CAFFE Observers not being allowed to observe the Preliminary Count 6.5 Suitability of Polling Stations 6.6 Disabled Electors 6.7 Positive Comments

CHAPTER 7 - ASSESSMENT OF ELECTION RESULTS AND VOTER TURNOUT

7.1 The JLP’s Margin of Victory 7.2 Voter Turnout

CHAPTER 8 - PERFORMANCE OF EOJ ELECTION DAY OFFICERS, THE ECJ AND THE SECURITY FORCES

8.1 ECJ’s Performance 8.2 The EOJ Election Day Workers 8.3 The Security Forces 8.4 CAFFE’s Observation Coverage

CHAPTER 9 - POST-ELECTION ACTIVITIES

9.1 Collection and Collation of Reports 9.2 Collection and Storage of Materials 9.3 Appreciation Ceremony 9.4 Conduct of Poll

CHAPTER 10 – THE FINANCIAL OPERATIONS

10.1 Introduction 10.2 Income 10.3 Expenditure 10.4 Conclusion

CHAPTER 11 - RELATIONSHIP WITH ELECTORAL COMMISSION AND ELECTORAL OFFICE OF JAMAICA

CHAPTER 12 - SUMMARY OF FINDINGS AND RECOMMENDATIONS)

12.1 Findings 12.2 Recommendations

APPENDICES I. ELECTION DAY DEPLOYMENT OF CAFFE PERSONNEL II. NATIONAL PARLIAMENTARY ELECTIONS – MIDDAY REPORT III. ELECTION MONITORING REPORT IV. DATA CENTRE CALL-IN REPORTS III. INCOME AND EXPENDITURE STATEMENT

PREFACE

CITIZENS ACTION FOR FREE AND FAIR ELECTIONS (CAFFE) has now successfully monitored seven Island-wide elections, the general parliamentary elections of 1997, 2002, 2007, 2011, 2016 and 2020, the local government elections of 1998, 2003 and 2007 as well as several by-elections and re-runs. CAFFE’s reputation as an election watch-dog and for its contribution to the development of sound electoral practices was further enhanced by its performance during the 2020 national elections.

CAFFE has faithfully pursued its mission to promote free and fair elections and advocate good governance. The organization is now respected nationally and internationally as a symbol of patriotic endeavour, civic volunteerism and citizen participation.

For the 2020 Elections CAFE had to face the challenges posed by the COVID-19 pandemic and the difficulties and delays encountered in obtaining necessary funding.

This Report covers the 2020 General Parliamentary Elections. It describes our preparatory work, training exercises, deployment of Supervisors and Observers and contains an analysis of the performance of the electoral machinery and the statistical results of the elections.

ACKNOWLEDGEMENTS

It is with the generous support of a large number of persons and institutions, private and corporate, who have contributed financially, technically and in-kind that CAFFE continues to have the capability to monitor the elections. Included in CAFFE’s supporters and benefactors are:

 National Democratic Institute (NDI) of the USA  The National Integrity Action of Jamaica (N.I.A.) for a generous grant which facilitated the initial training sessions for CAFFE volunteers.  Cecil B. Facey Foundation.  Jamaica Freight & Shipping Co. Ltd.  Mayberry Investments Ltd.  Juici Patties, Restaurants of Jamaica Ltd. (KFC) and Subway for providing lunches for the observers.

 RJR Communications Group

 Bishop & Partners

 The hundreds of volunteers, including Parish Coordinators and Constituency Supervisors who by and large gave generously of their time, financial resources and advice.  Digicel, FLOW and other companies and individuals who provided equipment and logistical support.  The Electoral Commission of Jamaica for its continued encouragement, support and recognition of CAFFE as the official local observer group.  The Electoral Office of Jamaica for assistance with the validation of the identification instruments of CAFFE observers, the provision of election lists, grant of poll information, poll result information and identification instruments for Observers.  The media houses for their support and encouragement.  The members of the Board of CAFFE, who provided critical support and assistance in the preparation of this report and in the development of the organization.

CAFFE is particularly grateful to Campion College for the use of its facilities as our Election Day Headquarters and Data Centre and for facilitating the assignments of the students who served in the Data Centre. We acknowledge the support of the Principal of Campion College and CAFFE Director, Mrs. Grace Baston who arranged for the production of the training video, including the provision of videography services, talent and editing.

CAFFE expresses its gratitude to Ms. Kathryn Stewart and Mr. O’Neil Hibbert, members of the Campion College staff, whose expertise was invaluable in organizing and supervising the operations of the Data Centre on Election Day.

EXECUTIVE SUMMARY

The Board of Directors of CAFFE faced with the challenges of the Covid-19 pandemic took the strategic decision to concentrate as far as practicable on the marginal constituencies. It was clear from our assessment that the results of the elections could be determined by small swings in the voting support of the Parties in these constituencies. However, the Covid-19 pandemic greatly hampered our recruitment efforts and hindered our implementation of our observation strategy.

Legal Reforms

No progress was made with the proposal to entrench the Electoral Commission in our Constitution. However, significant reform was achieved by the making of new provisions for the registration of political parties and the control of political campaign financing.

Election Campaigns

Happily, the trend for the maintenance of peace during election campaigns continued. A major disappointment was the occasional congregation of large numbers of persons, sometimes crowded in motor vehicles, thereby disregarding the Covid-19 protocols.

Election Day Activities

CAFFE deployed indoor as well as roving observers in all parishes, excepting St. Ann and St. Thomas. CAFFE issued interim and preliminary reports and produced media statements so as to make the public aware of its observations and opinions. CAFFE continued with its strategy of recruiting High School students among its Observers and this continued to meet with enthusiastic response.

Overall Assessment

As a rule, the polling stations operated on time and with the low voter turnout, electors were able to vote without undue delay. As a whole, the electoral system was efficiently administered although from CAFFE’s point of view the occasional disregard of the legitimate role of CAFFE observers was most disappointing.

Comparative Assessment

Compared with the last two general elections in 2011 and 2016, it appears that while there have been substantial improvements certain deficiencies have continued as shown in the Table below:

ADVERSE REPORTS

2011 2016 2020

1. Electoral workers not 1. Electoral workers not 1. Electoral workers not knowing the role of the knowing the role of the knowing the role of the CAFFE Observers; CAFFE Observers; CAFFE Observers;

2. CAFFE’s observation was 2. CAFFE’s observation was 2. CAFFE’s observation was impeded; impeded; impeded;

3. Several cases of 3. Several cases of 3. Several cases of unsatisfactory access to unsatisfactory access to unsatisfactory access to polling both for physically polling both for physically polling both for physically challenged persons; challenged persons; challenged persons;

4. Electoral workers not sure of 4. Electoral workers not sure of 4. Electoral workers not sure of procedure to follow in procedure to follow in procedure to follow in cases cases that deviated from cases that deviated from that deviated from the norm; the norm; the norm.

5. Inadequate furnishings; 5. Inadequate furnishings; 5. Inadequate furnishings; sometimes workers had to sometimes workers had to sometimes workers had to sit sit on desks and tables built sit on desks and tables built on desks and tables built for for small children; for small children; small children.

6. Overcrowding causing 6. Overcrowding causing disorderliness in polling disorderliness in polling ------locations where there were locations where there were too many polling stations in too many polling stations in a cluster; a cluster;

7. Problem with PD locations; ------

8. Problems with electoral ------material, particularly the

integrity lamp;

9. Problems with the EVIBIS system, particularly the ------slowness of the use of the ------

system by some electoral workers;

10. Voters not having the ------correct id, viz, the voter’s ------ID;

11. Cell phone use in the ------stations;

12. Some of the polling stations ------were in derelict locations, ------or in insecure tents.

Post Election Activities

In addition to compiling its Report and communicating with its Parish Coordinators and Supervisors CAFFE has been refurbishing its office at 2 Fagan Avenue, Kingston 8 and preparing a programme of public education in civil and electoral matters particularly for high school students.

CHAPTER 1

AN OVERVIEW OF CAFFE’S MISSION

1.1 Formation And Mission objects and powers similar to 1.1.1 Citizens Action for Free and Fair those of CAFFE. Elections (CAFFE) was incorporated on September 1, 1997 and publicly Provision was also made for the Board launched on September 3, 1997. CAFFE to act through specialist committees. was incorporated as a company limited by guarantee. At the inception, 1.2 Pursuing The Mission CAFFE’s objectives were stated as 1.2.1 The impetus for the formation of follows: CAFFE was primarily the widespread (1) To ensure free and fair elections fear of violence, intimidation and through education, advocacy, corruption which was being monitoring elections and experienced throughout Jamaica on providing assistance with the eve of the 1977 General Elections. CAFFE has since then monitored five (5) electoral programmes. General Elections in 1997, 2002, 2007, 2011,2016 and 2020, six (6) national local (2) To take all lawful actions government elections and several by- subsequent to election day that elections and re-run elections. While on an individual could taken to its formation and prior to the holding of expose improper or unlawful or the 1997 General Elections CAFFE colourable actions and to encountered misgivings, scepticism and advocate, educate and suspicion, the organization’s communicate necessary performance at those elections and in all subsequent elections has earned its remedial actions to achieve free reputation for efficiency and impartiality and fair elections. and the organization is now widely respected both locally and 1.1.2 In order to facilitate greater internationally. flexibility for CAFFE’s pursuit of its mandate, but not departing from its 1.3 The Continuity of CAFFE core functions, the objects and powers 1.3.1 CAFFE has continued in the of the incorporated company were pursuit of its mission not only to monitor expanded to expressly include: elections and to secure reform of the electoral system but also to contribute The strengthening of to the establishment and strengthening democracy and the of good governance. While recognizing democratic system in Jamaica that the acceptance of CAFFE as an impartial body is indispensible to its core through research, literary function of monitoring the conduct of publications and public elections and therefore the need to education; and cooperation avoid as far as possible entry into with other civic organizations or politically controversial matters, its Board public institutions which have has accepted that as the major watchdog of the electoral processes, it pleased to have video presentations, cannot stand idly by while corrupt which have now become even more actions or unprincipled utterances are important in view of the pandemic. indulged in to the detriment of the electoral process and good 1.5 The Future governance. CAFFE has therefore 1.5.1 CAFFE has continued to face being involved in a number of related great challenges in the inter-election matters such as the reform of the law in relation to campaign financing, the periods during which it is much more elucidation of principles which should difficult to attract financial support and be employed in drawing constituency to stimulate the enthusiasm of boundaries, the early publication of volunteers. This is a handicap to CAFFE political manifestoes and the in the fulfilment of that aspect of its work suppression of improper conduct or which concerns fostering public speech in political campaigning. awareness of the principles and

practices of democracy and good 1.4 The Democracy Clubs in Schools Project governance. 4.1.1 CAFFE has commenced the The Covid-19 pandemic has added development of a programme for the another dimension to the problems establishment of Democracy Clubs in which CAFFE has had to confront. high schools throughout Jamaica. However, as shown by its success in Preliminary places have been monitoring the 2020 National Elections, designated. A toolkit, for use by the CAFFE will continue despite challenges students, have been developed. It is to faithfully pursue its Mission.

CHAPTER 2

LEGAL FRAMEWORK AND REFORM

2.1 The Electoral Commission of 2.2.2 The Director of Elections manages Jamaica the operations of the EOJ and reports 2.1.1 The Constitutional Reform to the Commission. The Electoral Office Commission, appointed in 1992 to is divided into three main departments: review Jamaica’s Constitution and  Administration formulate reform proposals,  Field Operations recommended that the Electoral  Information Systems Advisory Committee be re-established as a Commission of Parliament with 2.3 The Right to Register and Vote entrenched constitutional protection. 2.3.1 The Constitution of Jamaica, by This recommendation was put into section 27, provides that Jamaica’s effect in 2006 by the provisions of the electoral law must contain provisions to Electoral Commission (Interim) Act. THE ensure that so far as practicable any ECJ has executive powers and is person entitled to vote at an election is empowered to give directions to the given a reasonable opportunity to do Director of Elections, the chief electoral so, and persons who are not entitled to officer, on the performance of his vote are prevented from doing so. functions. The ECJ has statutory responsibility to carry out a range of 2.3.2 The Charter of Fundamental Rights functions and to exercise wide powers and Freedoms which came into effect to carry out its objectives. These on April 7, 2011 guarantees the right of objectives include safeguarding the every citizen of Jamaica: democratic foundations of Jamaica by enabling eligible persons to elect, (i) who is qualified to be registered as through free and fair elections, their an elector for elections to the House representatives to govern Jamaica. of Representatives, to be registered; and

(ii) who, if so registered, 2.2 The Electoral Office of Jamaica to vote in free and fair elections. 2.2.1 The day-to-day operations of the

ECJ are carried out through the 2.3.3 The responsibility to establish Electoral Office of Jamaica (EOJ) which policies for governing the registration of is a public government agency electors in accordance with these established in 1943 to administer the constitutional provisions is given to the holding of Parliamentary and Local ECJ. The Representation of Peoples Act, Government Elections. provides that, in accordance with

prescribed rules, every eligible person is entitled to be registered for the polling division in which he or she is currently Nominated candidates must also be resident. The Rules establish a system by provided with copies of the list of the which registrants’ fingerprints and presiding officers and the poll clerks who photographs are taken and stored in will officiate at each polling station and the ECJ’s database. Detailed provisions a list of the persons assigned to transport have been instituted to minimize errors ballot boxes from the polling stations.1 and prevent fraud. Finally, the results of These provisions are designated to the enumeration are checked by an ensure transparency and minimize electronic cross-matching of the inequalities by enabling the candidates fingerprints to prevent duplication and and their agents to check and monitor provide a safeguard against the process. impersonation. These procedures are carried out with care and efficiency by 2.4 Changes in Ballots the Electoral Office of Jamaica. 2.4.1 Twelve prescribed symbols depicting easily recognisable figures 2.3.4 There is still need to develop the have remained with the JLP utilising the capacity to remove the names of bell and the PNP the head. The electors who die from the list within a selected symbol is placed opposite the reasonable time, to account for persons name of each candidate. who have permanently migrated and to promptly register those who attain the qualifying age. Bell Head

2.3.5 By an amendment in 2011 to the 2.4.2 In 2013 a new design of the ballot Representation of Peoples Act it was paper was prescribed so as to enable provided that as soon as practicable the elector to more clearly identify the after the issuance of the writ of elections competing candidates. and not later than eight days after Nomination Day, each Returning Officer Specimen Ballot Paper must furnish to each nominated candidate in his constituency four copies of the official list of electors in the constituency separated into four parts: (1) the Military Voters’ list; (2) the Police Voters’ list; (3) the Election Officers’ Voters’ list and (4) the Civil Voters’ list.

1 If the Returning Officer exercises his power to make changes to the lists he must forthwith notify the candidate of the change. 2.5 Open Voting basis of single-member constituencies 2.5.1 The secrecy of the ballot is an and the first-past-the-post system. important principle of Jamaica’s 2.6.2 Originally, the Constitution electoral system. It is now provided that provided for the Island to be divided where an elector intentionally displays into not less than 45 or more than 60 his ballot paper so as to make known to constituencies. In 1962 the total any person the candidate for or against number of constituencies was 45. In whom he intends to vote or uses a 1967 and 1972 it was 53. In 1985, 1989, cellular phone or other device to record 1993, 1997, 2992 and 2007 it was 60. In or capture the image of a marked 2011 it was increased to 63, with a ballot paper, the presiding officer must constitutional maximum of 65. The issue a warning to that elector and increase in 2011 was accomplished deface the ballot paper. He must give through an amendment to section 67 of a second ballot paper to that elector the Constitution. but if the irregularity is repeated the 2.6.3 Three new constituencies were second ballot paper will also be created – St. Catherine South Central, defaced and that elector will not be St. Catherine East Central and St. James entitled to any further ballot paper. An Central. Despite this increase in the elector who carries out these number of constituencies in the 2011 irregularities is guilty of a criminal Elections in several constituencies there offence and is liable to prosecution. were variations from the electoral quota These provisions have virtually that were significantly excessive while eradicated open voting and erased a not breaching the maximums and major vehicle for intimidation and minimums set by the Constitution. In corruption. CAFFE’s Report on the 2011 Elections these major variations were set out in a 2.6 Delimitations of Constituencies Table on page 15 and the consequences of these disparities discussed.

2.7 Registration of Political Parties 2.7.1 Part VB of the Representation of the People Act now provides for the registration and deregistration of political parties. A clear distinction is now made between candidates of registered political parties and all other 2.6.1 The Jamaican Constitution candidates who are designated as requires that election to the House of independent candidates. An Representatives be conducted on the application to be registered as a political party has to be made to the Electoral Commission jointly by the candidates in their election campaigns. President or Leader and one other Provision has also been made for public authorised representative of the political funds to be used to provide funding for party in a prescribed form and manner. reimbursement of election expenses The political party concerned must have incurred by the candidates of registered a specific name and indicate its political parties and independent identifying symbol, slogan or logo and candidates who secure at least 5% of the colour used or proposed to be used. the votes cast in the election. The The application must be accompanied funding provided candidates, is on the by a declaration by 500 electors and a basis of the proportion of the votes cast declaration by an officer that the party in the elections for each candidate. will abide by the applicable political code of conduct. 2.8.3 No contribution can be made to a candidate who has not been certified 2.8 Campaign Financing by the Political Ombudsman as being in 2.8.1 By an amendment to the compliance with the Political Code of Representation of the People Act, which came into effect on February 15, 2016, Conduct or satisfied the requirements contributions or donations to aid in the for making returns of election conduct of election campaigns are expenditure. now regulated. The Act established a National Election Campaign Fund for 2.8.4 There are also restrictions on the the purpose of: persons or entities from whom

contributions may be accepted. (a) accepting and receiving Included in the restrictions are foreign contributions from – governments, public authorities and (i) individuals; illegal organisations. (ii) companies and

other entities; 2.8.5 Where persons make (iii) Jamaica Diaspora contributions to a registered political groups; party or a candidate during the (b) making contributions to reporting period and within 2 years after candidates and registered making the contribution receive a political parties; and government contract above a (c) promoting the active prescribed value, that person must participation of citizens in make a prescribed declaration to the the electoral process. Commission.

2.8.2 The Fund is administered by the 2.8.6 Political parties are also required Director of Elections and money in the to submit to the Commission an Fund is to be disbursed to election Expenditure Report in a prescribed form candidates for the purposes of within 180 days after election day. reimbursing expenses incurred by the

2.9 Prohibition Of Campaign Activities

2.9.1 The publication or broadcast of political programmes and political campaign advertisement or opinion poll results within 24 hours of the time fixed for the opening of the polls on election day has been prohibited.

CHAPTER 3 THE ELECTION CAMPAIGN

3.1 Introduction Party and were likely to have less prior 3.1.1 Traditionally, in Jamaica, an intimation of the possible dates. It was Election campaign begins in earnest probably only justified on the basis of after the announcement by the current the need to shorten the period of Prime Minister of the date for the electioneering because of the threat of Election at a public meeting of his the pandemic. Despite protocols issued Party’s supporters. When Jamaican by the Ministry of Health and Wellness, Prime Minister Andrew Holness there were many cases of political announced the island’s election date in gatherings at which the protocols of Parliament instead of at a party rally, it mask wearing and physical distancing was clear that this campaign would be were not observed on Nomination Day unlike any other. For these Elections, and during the campaign with a campaigning was essentially shaped by resultant increase in the number of the global Covid-19 pandemic which Covid-19 infections in the subsequent was being experienced worldwide and period. in Jamaica 3.1.4 Ahead of Jamaica’s 3.1.2 Ordinary citizens and politicians September 3 General Elections and alike were concerned about the amid a spike in COVID-19 cases, holding of elections during the pandemic. Added to this was the fact residents and major entities on the island that a Bill had been tabled in Parliament called for politicians to either change by the government to allow both the their campaigning methods or put off National Elections and the Local the elections. Jamaica’s gradual spike Government Elections to be held on the in infections, even before the election same day. Since Local Government date was announced, threatened to Elections were not legally due until later impact the polls because it could result in the year, there was much speculation that the Parliamentary Elections would in a lower voter turnout. It was also likely not be held until that time. However, to result in a reduction of participation the Government abandoned the Bill by Jamaicans from the diaspora who and on August 11, 2020, the Election would be unable to travel to the island Day was announced for September 3, to vote because of the travel restrictions 2020. and quarantine rules. 3.1.3 Nomination Day was fixed for Tuesday, August 18 from 10:00 a.m. to 3.1.5 From Thursday, August 20 2:00 p.m. at designated Nomination to Monday, August, 24, a four day Centres across the 63 constituencies. period, Jamaica saw an increase of 420 Such a short notice could operate Covid-19 cases and two additional unfairly against potential candidates deaths. Health Minister Dr. Christopher who did not belong to the Government Tufton announced that Prime Minister inappropriate public utterances. Several Andrew Holness, and by extension the breaches of the Code were investigated in the parishes of Jamaica Labor Party, was suspending Clarendon, St. Thomas and St. Andrew. his traditional political campaigning activities. The People’s National Party’s general secretary, Julian Robinson, also 3.3 Media Coverage and Advertising, announced that that party, with 3.3.1 Media coverage of the immediate effect, would be suspending campaign and elections was predominantly electronic as television its large motorcades and drive-throughs advertising and social media to minimize the potential incidence of techniques played an increased role, large gatherings. primarily due to the call not to have mass meetings for fear of increasing the 3.2 Monitoring the Political Code of spread of the Covid-19 virus. Conduct 3.2.1 The two main political parties, the 3.3.2 Newspaper, radio and People’s National Party (PNP) and the television coverage was expanded and Jamaica Labour Party (JLP), provided wide, up-to-date information demonstrated their commitment to on the campaigns of both parties. Daily ensuring a peaceful General Election news reports were published by 2 through the signing of the Code of national newspapers, The Gleaner and Political Conduct at a signing ceremony The Observer, along with paid held on August 19, 2020 at advertisements. Emancipation Park in New Kingston. However, initially, not all the candidates, 3.3.3 To make up for the lack of in both parties signed. The Political the normal energy derived from mass Ombudsman, Mrs. Donna Parchment- gatherings, the political candidates Brown, called upon all candidates to came up with their own “dubplates” or abide by the Code. short promotional music videos posted on social media. Among these were the following:

Slogans and songs

Party Slogan Official song "Build back 3.2.2 Nevertheless, the Office JLP #GreenLight of the Political Ombudsman received stronger."[24] reports on a number of complaints of Building Your "Building your breaches of the Political Code of PNP Jamaica: Jamaica."[25] Conduct from liaison officers in the #VotePNP2020 Jamaica Constabulary Force who were assigned to carry out specific functions 3.4 Polling for the Office. These complaints included cases of the killing of a JLP 3.4.1 Polls play an important part in the supporter, assaults, intimidation and conduct of election campaigns. Political parties use them to assess their 3.6. National Debates standing, to plan strategy, test 3.6.1 The Jamaica Debates candidates’ strength, and to develop Commission (JDC) considered that as a appropriate messaging for their result of the Covid-19 pandemic and campaigns. The general public referred the Ministry of Health and Wellness’s to them in deciding how to vote and for guidelines preventing large public sheer interest. Sponsors use them to gatherings, the political debates would determine which party to support. play an even more significant role in educating the public on the issues and 3.4.2 Several polls were carried out how the political parties plan to govern. during the 2020 campaign by both Don Anderson at Market Research Services 3.6.2 The JDC, a charitable Limited and Bill Johnson. Pollings organization, is a partnership between started in February 2020 with a Don the Media Association of Jamaica Anderson poll and continued in March, (MAJ) and the Jamaica Chamber of June. July and August with the final poll Commerce (JCC), and has been announced on August 24,2020. The final responsible for staging the 2002, 2007, poll showed the JLP with a double-digit and 2011 General Elections lead over the PNP. (Parliamentary Debates) and Local Government debates in 2012 and 2016. 3.5 Manifestos 3.5.1 Both of the main political parties, 3.6.3 The Jamaica Debates the JLP and the PNP, issued a Manifesto Commission presented The 2020 in August 2020. The JLP’s Manifesto was General Elections Debates Series entitled Stronger Future. The PNP’s between August 25 and August 29. The Manifesto was entitled The People’s debates were held on Tuesday, August Pledge. The PNP Manifesto was the first 25, Thursday, August 27, and Saturday, digital manifesto with easy access on its August 29, each debate had a duration website. The new party – the Jamaica of 90 minutes and began at 9:00 p.m. Progressive Party (JPP) – released its manifesto on August 12, 2020. Shortly 3.6.4 The first debate on social issues after this however the JPP dropped out was between the Jamaica Labour of the 2020 election race. Party’s Dr. Christopher Tufton, Kamina 3.5.2 Political manifestos should be Johnson Smith and Floyd Green, who released in good time to allow for challenged the People’s National comprehensive scrutiny and discussions. Party’s Peter Bunting, Dayton Campbell and Krystal Tomlinson. In the second A major disappointment in respect of debate Dr Nigel Clarke sparred with the the manifestos in 2020 is their late PNP’s Mark Golding, over economic release. This prevented comprehensive issues; and the final debate was a face- discussions and analysis prior to the off between leader of the JLP, Andrew Elections. Holness and president of the PNP, Dr. Peter Phillips. 3.5.3 Comments were made by both parties attacking the suggested policies 3.6.5 A third of the questions to the and plans of each other. debaters came from the public. To participate, Jamaicans locally and overseas were able to visit the distancing, wearing of masks and hand Commission's website sanitising. www.jamaicadebatescommission.org, or (3) Each such elector must travel to post their questions to the Commission's and from a polling station in private social media pages. transportation in which there are no other persons except for the driver, who 3.7 General Covid-19 Protocols for must also wear a mask fitted to cover Electors the driver’s nose and mouth. 3.7.1 All persons at a polling station were required to obey the following 3.8.2 The OPM also announced that orders: persons in quarantine would be allowed (1) Wear a mask fitted to to vote. These were people who may cover the nose and have been exposed to a positive mouth, except as may patient or had arrived in the island otherwise be required by within 14 days of Election Day and had an election officer for the been ordered to remain in a particular purposes of identification. location. (2) Submit to a temperature 3.9 Adherence to the Protocols check before entering the 3.9.1 CAFFE noted, however, polling station. instances when priority was not given to senior citizens. In addition, some electors (3) Wash or sanitise the hands congregated near the polling stations upon entering the polling without maintaining the prescribed station, and at such other physical distance. times while at the polling station as may be directed by an election officer; and (4) Maintain social distancing of six feet from other

persons. 3.8 Protocols for Electors Positive for Covid-19 3.8.1 In a statement released shortly after midnight, August 31, 2020 the Office of the Prime Minister (OPM) said people in isolation will be allowed to vote, on Election Day but only between the hours of 4 pm and 5 pm and under strict guidelines. . The guidelines included the following:

(1) Before leaving isolation, the voter must notify the Health and Wellness Ministry at designated telephone numbers. (2) Such electors must observe the usual protocols relating to social CHAPTER 4 CAFFE’s INITIAL ACTIVITIES

4.1 Fundraising advertisements over a three day period. 4.1.1 As a voluntary charitable There were many positive responses so organisation CAFFE has no income or that it is clear that ultimate failure to source of funds other than from the reach our target was due to the generous gifts and donations from our pandemic. Kingston & St. Andrew, St. sponsors. Accordingly, as the election Catherine and Clarendon were the period approached CAFFE parishes from which CAFFE obtained the communicated appeals to several greatest number of volunteers. private sector organisations seeking financial donations or gifts in kind. 4.3 Training Videos CAFFE appreciated that with the 4.3.1 Restrictions on public gatherings challenges being faced by reason of compelled CAFFE to rethink its normal the impact of the Covid-19 pandemic, mode of training volunteers. A key this was a challenging time. CAFFE is component of that training was the use therefore immensely grateful for those of role-play to demonstrate the set-up who responded positively. They are of a polling location, correct voting listed in the beginning of this Report. procedures, examples of malpractice or fraud, activities at the close of the poll 4.1.2 At the same time, CAFFE is also and the reporting procedures. Since all immensely grateful to those persons our training had to be done via video- who made non-financial donations of conferencing, in-person role playing their time and energy in enabling CAFFE was not possible. The team therefore to conduct its observation mission. created a set of videos which simulated each of the scenarios described above, 4.2 Recruitment and shared these during the online 4.2.1 As CAFFE embarked on its drive training sessions. The videos were shot to recruit volunteers to serve as and edited by volunteers Oneil Hibbert observers, the Covid-19 pandemic and Kathryn Stewart, while the talent worsened so that many who would was drawn from CAFFE Directors and normally volunteer to serve as observers volunteers from the Campion College withdrew their acceptance or declined staff. At our virtual training session for +to response to the invitations. An data centre workers on August, 21, 2020, advertisement which was placed in one and all the other meetings with of the daily newspaper received many volunteers by video-conferencing that responses. CAFFE send e-mail messages followed, the videos proved highly to all persons who had served in the last effective. general elections and made telephone calls to many for whom the contact 4.4 Sourcing of Materials for information was available. CAFFE used Volunteers the electronic media to encourage 4.4.1 In order to keep our volunteers persons to volunteer as well as electors safe as they worked in the last general to vote. CAFFE also contracted Radio elections, we procured some cases of Jamaica to put out over 30 primetime hand sanitizers and face masks were ordered with the CAFFE logo. With the assistance of NDI, small tote bags were obtained from Safety Clothing Co. Ltd., to whom we are very grateful for extending themselves so as to enable the bags to be ready in time for delivery to the volunteers. These bags were printed with the words “CAFFE” & “NDI”, over the weekend before the elections. Accordingly, CAFFE was able to provide its volunteers with a bag, the usual CAFFE volunteer bib, a mask, a bottle of hand sanitizer, a notebook, and a pen, along with the usual forms to be completed during and after their observation of the polling process. 4.4.2 These items were obtained for approximately 500 volunteers so that several are left over to be used in the upcoming local government elections.

Volunteers dressed in CAFFE Mask and Bib CHAPTER 5

CAFFE’S GENERAL ELECTION DAY ACTIVITIES

5.1 Deployment of Volunteers In the interest of having our data entry 5.1.1 CAFFE endeavoured to deploy clerks safely home before nightfall, our Indoor Observers at Polling Stations afternoon reports from volunteers in the which were not far from their residences field were taken by student volunteers so as to minimise the problems of off site. 112 calls were received and a transportation which were intensified by collated final report was generated and the Covid-19 pandemic. At the same presented to the Chairman at 7:30p.m time CAFFE took into account the on the same day. desirability as far as possible to have a 5.3 CAFFE Headquarters presence in marginal constituencies. 5.3.1 The CAFFE Headquarters through Where the coverage by Indoor Observers was weak because of the fall the generosity of the Campion College Administration was located at the Board out in the recruitment drive, CAFFE Room of the College. It was headed by endeavoured to cover as wide an area CAFFE’s Chairman, Dr. Lloyd Barnett and as possible by the assignment of Roving other Directors, Mr. Anton Thompson, Observers to those areas. Miss Audre Lois Reynolds and Miss 5.2.2 CAFFE deployed a total of 52 Nancy Anderson rendered assistance Roving Observers and 195 Indoor during different parts of the day. The Observers during the day. The Headquarters was responsible for distribution of volunteers per parish is set dealing with urgent calls from Observers out in Appendix I. in the field who had encountered particular problems, liaising with Parish 5.2 Election Day Data Centre Operations Coordinators to obtain feedbacks on The Data Centre was supervised by Mr Anton Thompson and Ms Kathryn their experiences in the field, Stewart. For the morning session, the communicating with CAFFE’s Centre was physically located in the representative at the ECJ Election Jonathan Stewart Library at Campion Centre, receiving reports from the Data College. Our 19 volunteer data centre Centre, answering enquiries from media clerks arrived at 8:00am, were personnel and providing reports on processed in accordance with Covid-19 prevention protocols and assigned to CAFFE’s observations in the field. By appropriately spaced seating areas in virtue of the wide coverage of the the well ventilated library. By mid- elections, CAFFE Headquarters was able morning they began to receive calls to provide a prompt and reliable report from volunteers making their preliminary that the General Elections had been reports. The Data Centre Coordinators conducted fairly and free from fear. A were able to provide a report from 124 Media Release was issued at mid-day volunteers by noon on Election Day. on Election Day (see Appendix II) and another a few days after Election Day (see Appendix III).

DATA CENTRE VOLUNTEERS

Photograph of CAFFE Election Volunteers at Data Centre CHAPTER 6

SUMMARY OF CAFFE COORDINATORS’ AND OBSERVERS’ REPORTS

6.1 Summary of CAFFE Coordinators’ and Roving Observers’ Reports 6.1.1 In past Elections Parish volunteers contacted CAFFE Board Coordinators were appointed by CAFFE members offering their assistance once for all 14 Parishes. Because of the again. The new volunteers were difficulties arising from the Covid-19 provided with training by means of pandemic, CAFFE was unable to recruit online video. a Coordinator for each of the 14 6.1.3 On Election Day, the Parish parishes. As a result, the Parishes of St. Coordinators and Roving Observers Thomas and St. Ann had no ‘roved’ travelling throughout their Coordinator. In some other Parishes assigned parishes making certain the CAFFE was fortunate to be able to Indoor Observers had reached their recruit first time Coordinators. CAFFE’s designated polling stations and were operational design requires the allowed in by the EOJ workers, as well as assignment of a Parish Coordinator for visiting Polling Stations where there were each parish. Such a person has the no Indoor Observers. They also responsibility of organizing CAFFE’s distributed lunches to the Indoor recruitment, training sessions and Observers. They also responded to any deployment of Observers in his or her reports of problems and made certain assigned parish. As a result, the that Observers called in their morning deploying of observers and ensuring the reports to the Data Centre. observers have the necessary materials on Election Day posed special 6.1.4 The Parish Coordinators challenges. Parish Coordinators are also and other Roving Observers submitted required to ensure that the volunteers reports to CAFFE Data Centre and complete and return reporting forms Headquarters. These reports contained and notes with respect to their information on the conduct of the observations on Election Day. elections in their parishes as well as their own observations on Election Day. 6.1.2 The CAFFE directorate Unfortunately, many of these reports made efforts to contact Observers who concerned the exclusion of CAFFE had monitored previous elections Observers from polling stations at the through emails and phone calls. beginning of the day and later Contacts were also made with the prohibiting them from remaining in the several high schools which had polling station to monitor the preliminary participated in the past. Several former count. 6.1.5 In several cases, CAFFE’s Parish accordance with a specified Form in Coordinators and/or Roving Observers mid-morning on Election Day. They are were able to secure entry only after also required to complete another Form contacting CAFFE Headquarters, an after the close of their polling stations EOJ Supervisor or the Director of and those that monitored the Elections. Dealing with the failure to preliminary count are instructed to allow CAFFE volunteers to monitor the complete a Tally Sheet. All of these preliminary count proved more difficult, reports were delivered to a CAFFE since there was little time to contact Coordinator or to CAFFE Headquarters anyone. Due to this problem, several within a few days of Election Day. observers were very disappointed in not Observers also took notes during the being able to complete their monitoring day. Some Observers wrote copious by observing the count at their assigned notes. Others followed the instructions polling station. given during their training and recorded only incidents that were out of the 6.1.6 It should be noted that the ordinary. All the notes were read by a failure to allow CAFFE volunteers to be CAFFE Board member. What follows is a present at the preliminary count is a synopsis of what was recorded in these serious matter that has been reported notes. by CAFFE in its reports on previous General Elections. Having been brought 6.2.3 The major factors reported to the attention of ECJ and EOJ several on in CAFFE volunteers’ notes in the 2020 times, it was expected that this problem General Elections are set out as follows: would not recur. 1) Misunderstanding of the role of 6.1.7 Each Parish Coordinator CAFFE Observers. reported that the elections in his or her 2) Lack of knowledge of procedures by many EOJ parish were free and fair, and free from workers. fear. 3) Location of some polling stations and the conditions in 6.2 Summary of CAFFE Observers’ some polling stations Reports 4) CAFFE Observers not being 6.2.1 A summary of the reports allowed to observe the called in by Observers to the Data Preliminary Count. Centre on Election Day is set out in 5) Lack of knowledge of Appendix IV. procedure by many electors. 6) Behaviour of EOJ workers and party agents. 7) Failure to observe the Covid-19 protocols and procedures.

6.2.2 CAFFE Observers are required to call in their responses in 6.3 Misunderstanding by EOJ workers of 4. Make observations on all the role of CAFFE Observers aspects of the voting process 6.3.1 Election officials and EOJ workers, including the counting of ballots in demonstrated a misunderstanding of the polling stations the role of CAFFE observers and the authority they had to perform their 6.4 CAFFE Observers not being allowed duties. Some of CAFFE’s observers were to observe the Preliminary Count not allowed into the polling stations they were assigned to. Others were told they 6.4.1 CAFFE trains its volunteers to could not sit close enough to observe observe the preliminary count after the the procedures clearly and many Observers were told they could not close of the poll and complete a Tally observe the preliminary count at the Sheet which is very similar to the tally close of the polls. sheet completed by the Presiding Officer. The training includes definitions 6.3.2 CAFFE observers have since 1998, of rejected and spoilt ballots. Several been allowed to sit in polling stations CAFFE observers were very during elections to monitor the disappointed when they were not procedures. EOJ workers go through allowed to remain at their stations to training that should inform them of observe the preliminary count. CAFFE’s role and responsibilities on Election Day. The Electoral Commission 6.4.2 Reference has already been of Jamaica published in December made to the ECJ Booklet concerning 2011, a booklet entitled Information For Election Observers in paragraphs 9.3.7 Election Observers which states at page and 9.3.8. In both paragraphs, the 2 under the heading Observers are counting of ballots at the preliminary entitled to: “The observation of the poll count is referred to. Also, at pages 21 shall include observation of all steps in and 22 in a suggested Report Form for the voting process except the elector Election Observers, this Booklet refers marking his ballot in the voting booth; it again to the ‘close of poll’ and ballots also includes observation of the vote declared ‘rejected’ and ‘spoiled’ and count both preliminary and final.” the ‘sum total’. These references clearly indicate that Observers are to be 6.3.3 This Booklet goes on at page 3 to present at the preliminary count. state that Election observers shall: 6.4.3 Further section 44 (1) of the 1. Respect and comply with Representation of the People Act states the laws of the country [S.41(6) that various observers, including and (7) of The Representation of electors, are required to observe the The People Act] count. This is a vital part of the election proceedings. It is important that this 2. Enter and move about the procedure should be monitored by polling station(s) … CAFFE’s observers. commented on, but also how EOJ workers dealt with disabled electors and the need for further steps to be taken to assist voters with disabilities. It is essential 6.5 Suitability of Polling Stations that attention should be paid to the 6.5.1 A frequent complaint was raised provisions of the Disabilities Act and by CAFFE Observers in their notes Jamaica’s obligations under the concerning the suitability of some polling stations. Aside from the International Convention on the Rights inaccessibility for disabled electors, of Persons with Disabilities. which is discussed below, other factors were reported, including: 6.7 Positive Comments  Closeness of stations in one room, 6.7.1 Observers monitoring a process to each other; will inevitably report on what has gone  Overcrowding in and around wrong. CAFFE observers are no different polling stations, due primarily to and they have been trained to report too many stations in a single on problems and the failure to follow location; the prescribed procedures. Although  Smallness of the room where the they are fewer, some reports have been polling station was; made concerning positive matters.  Unsuitable equipment, in These reports particularly refer to good particular, uncomfortable work, kindness and professionalism by seating in the polling station; Presiding Officers and Poll Clerks.  No shelter for waiting electors from rain or the sun;  Inadequate voting screens.

6.6 Disabled Electors

6.6.1 Ramps were noticeably absent and many polling stations were upstairs in schools and other locations. This made it difficult for the elderly or CAFFE Roving Observer with CAFFE Bib and disabled electors to access polling CAFFE Sticker on car. booths and to vote. It is not only the physical environment that was

CHAPTER 7

ASSESSMENT OF ELECTION RESULTS AND VOTER TURNOUT

7.1 The JLP’s Margin of Victory JLP won 56.4% of the popular vote, the 7.1.1 Parliamentary Elections were held second highest total for the party in any on September 3, 2020. The previous contested general election in Jamaica elections had been held on February 25, since Independence. Only the 58.3 % in 2016 so that the term of the Parliament the 1980 elections surpassed this. The could have continued until early 2021. results of the 2020 Elections are set out in In the event, the Prime Minister, whose the Table below: prerogative it is to call elections, decided to schedule the polls several PARLIAMENTARY ELECTIONS – SEPTEMBER 3, 2020 months early. In the previous No. parliamentary elections, the governing No. of Percentage of Percentage Votes of Total Seats of Seats party, the Jamaica Labour Party (JLP) Party Received Votes Cast Won Won had secured 32 seats in the Lower Jamaica Labour Party House as against the 31 seats won by (JLP) 408,292 56 49.00 78 the main opposition party, the People’s Peoples National National Party. This was probably the Party (PNP) 306,034 42 14.00 22 closest election in Jamaica’s modern Other history and the result was not clear until Parties and Independent a magisterial recount was completed in Candidates 1,185 .16 0.00 0 St. Thomas Western. Rejected Ballots 8,806 1 0.00 0 7.1.2 However, in the intervening years, Total 724,317 100 63.00 100 the JLP had increased its majority in the House of Representatives as it secured 7.2 Voter Turnout victory in two seats, St. Mary South 7.2.1 The other significant feature of Eastern and Portland Eastern, which had the elections was the turnout of voters. been won by the PNP in 2016, but where At 37.85% of the total on the roll, this was by-elections had to be called because the lowest turnout in modern Jamaican history. While voter participation of the sudden deaths of both figures had been on the decline for Opposition MPs. So that in 2020, the JLP some time, the fact is that the actual had 34 seats to the PNP’s 29. number of voters taking part had been on a slow increase. This changed in 7.1.3 The results of the 2020 elections 2020 when there was a sharp decline in saw the JLP winning 49 seats to the actual voter turnout of over 150,000 PNP’s 14. This landslide was the largest voters. The figures for both parties margin of victory in Jamaica in over 20 reflected this. The JLP’s number of votes years and the largest margin for the JLP fell from 436,972 votes to 408,292. since the 1983 elections which were not However, for the PNP the result was even more disastrous, with its number of contested by the PNP. In addition, the votes falling from 433,735 in 2016 to but these would be legitimate voters 306,034 in 2020 a drop of over 127 who may not be interested in taking thousand or almost 30%. part in the process. 7.2.2 Discussions abound for the reason for the substantially low voter 7.2.3 However, these factors have turnout in Jamaica. For one, it is been present all along. And, as pointed recognized that the voter list is inflated out above, the voter participation had by the many thousands of Jamaicans generally been increasing slowly for the who have migrated and who do not past few elections. The reversal in 2020 plan to reside in Jamaica in the was major disruption of this trend and foreseeable future. The Representation requires another explanation. Turnout in of the People Act posits that eligibility to 2016 had been 48.37% and this fell to vote in Jamaica is dependent on an 37.85% a drop of 10.51%. The parish individual being “normally resident” in with the highest turnout was St. Mary, at Jamaica. However, in the absence of a just over 46%. Westmoreland and St. general re-enumeration of the Catherine had the lowest turnout population, there is no way to remove percentages with 34.4%. However, the persons who have emigrated from the parish with the largest fall-off in list - unless they volunteer this percentage turnout was St. Thomas, information themselves. Even in this which had turnout of 51.1% in 2016 and case, there is probably no effective only 36.5% in 2020 – a decline of 14.6%. process to effect such removals. In Oddly enough, Westmoreland, which in addition, the Electoral Office itself has one of the parishes with the lowest admitted that the process of removing turnout in 2020 was also the parish which dead electors from the rolls is also not saw the smallest decline from 2016. In efficient. A link with the Registrar the last general election only 40.6% of General’s Department has not been as the electors turned out- the lowest efficient because of the tendency of turnout for any parish and the fall to Jamaicans to be registered at birth in 34.4% represented a decline of “only” one name and then to use another for 6.2%. most transactions or relationships so that their death cannot always be linked to 7.2.4 This national trend is very their birth or to their voter registration. worrisome. The ruling party won the The Electoral Office did recently election with just over 21% of the entire engage in an exercise to purge the rolls, electorate supporting it. This may raise but it is still likely that there are many disturbing questions of legitimacy. As deceased electors on the list. For noted this has been a trend in the these two reasons, it is highly likely that making. In the three elections prior to the lists are somewhat inflated. Indeed, 2020, the winning party won with increasing need from government- approximately 31%, 28% and 24% issued identification had led more successively. These falling figures were, persons to register to vote than before however, within the framework of more persons voting each time. The current traditional PNP voters stayed away from situation, with over 150,000 fewer voters the polls. They find support in this view bothering to cast their ballots is cause from the figures showing the severe fall- for concerns. A comparative analysis of off in the count for the PNP. The figures, the voter turnouts with previous bear this out to some extent since the elections is shown in the following Table: 2020 vote count for the PNP, at just over 306 thousand, was the lowest vote total ANALYSIS OF RESULTS FOR THREE GARRISON CONSTITUENCIES for the party since 1972, when it won the election with just about 267 thousand

votes. Part of the reason for PNP

Percentage voters not taking part in the election Total Voters of Votes General on Roll (for Voter Turnout National Votes Cast Cast for may be the divisive party leadership Election three Votes in garrison Voter for Winning Winning Year constituencies) Cast constituencies Turnout Candidates Candidates contest of 2019, which was eventually 1989 55,937 54,345 97.15 78.38 45,119 83.02 won by the incumbent, but which may 1993 56,383 54,009 95.79 67.35 45,721 84.65 have left bitterness in its wake among

1997 50,796 44,642 87.88 65.22 40,717 91.21 the party rank and file and in the

2002 54,710 37,483 68.51 59.04 33,192 88.55 campaign organization.

2007 50,526 31,612 62.57 61.46 27,969 88.48 7.2.7 Whatever the reasons, CAFFE is 2011 62,890 33,474 53.23 53.17 29,856 89.19 very concerned about the low turnout 2016 69,504 33,798 48.63 48.37 29,549 87.43 of voters. Our commitment to Free and 2020 72,979 26,402 36.18 37.85 23,314 88.3 Fair Elections must extend to the support of a process in which most persons participate. As an organization we need 7.2.5 Many Jamaican voters have to re-double our efforts to ensure that become cynical and distrustful of the the democratic process is respected political process. The history of and that, as many Jamaicans as can, electorally-related violence (now take part fully. greatly reduced) and the perception of corruption in government have fuelled this sentiment. Persons who have registered to vote, perhaps in order to get a government-issued ID, will go no

further in the process, considering it to

be something beneath them or not worth their while. Efforts to persuade persons of the importance of voting often fall on deaf ears because of these perceptions.

7.2.6 Another view of the low turnout figures – generally ascribed to supporters of the Opposition – is that CHAPTER 8

PERFORMANCE OF THE ECJ, EOJ ELECTION DAY OFFICERS AND THE SECURITY FORCES

8.1 ECJ’s Performance limited or they were deterred from 8.1.1 The ECJ provided a sound witnessing the preliminary count. operational strategy in keeping with its established high standards for the 8.3 The Security Forces conduct of the elections. Despite the 8.3.1 The Security Forces largely pandemic, there was no serious hitch in maintained good order and discipline the implementation of its operational during the period of the elections. The plan. Election Day workers were greatest problem was the failure in a recruited to fill the necessary positions, relatively small number of cases to the polling stations were identified and ensure that intended voters and party their locations publicised, ballot boxes supporters did not congregate near the and other election materials were in polling stations and that they maintain place. physical distancing, wearing masks as 8.1.2 In accordance with its usual required by the pandemic protocols. practice the ECJ established a Election Centre at which all the relevant parties 8.4 Assessment of the marks by Returning Officers were represented, including the EOJ, 8.41 There were four cases of the Political Ombudsman, the Security magisterial recounts by Parish Court Forces, the Political Parties and CAFFE. Judges after the Returns were made. A This facilitated the prompt solution of total of 1268 cases occurred in which problems and the coordination of the Parish Judge reversed the corrective action where necessary. assessment of the validity of the elector’s mark on the ballots. There are 8.2 The EOJ Election Day Workers established legal principles which should 8.2.1 On the whole CAFFE’s be applied in assessing whether a mark observations confirmed that the Election on a ballot should be accepted and in Day workers were generally aware of determining to which candidate it their responsibilities and the prescribed should be attributed. The fact that procedures. In some cases where there were so many errors is probably unusual situations arose our observers indicative of a deficiency in the training noted that the Presiding Officers were of the Returning Officers in this particular uncertain as to what steps should be aspect of their work. Set out hereunder taken. The most egregious failing of is a Table showing the Results of the some Presiding Officers related to the recounts in the relevant constituencies: treatment of CAFFE Observers. Some Presiding Officers barred CAFFE Observers from entering the polling station, although they presented their authenticated ID documents and were attired in the special CAFFE bib. In other cases their stay in the Polling Station was

TABLE

Results of Magisterial Recounts

General Parliamentary Elections 2020

Divisions Magisterial Returning Reversals Recounts officers’ Counts Westmoreland - Eastern Daniel 4,862 4,834 28 Lawrence (JLP) Luther 4,485 4,834 349 Buchanan (PNP) Haile Mika’el 43 36 7 (Independent)

St. Catherine, North Western Newton Amos 5,223 5220 3 (JLP Hugh Graham 5,371 5368 3 (PNP)

St. Ann, South Eastern Lisa Hanna 5,150 5,124 26 (PNP) Delroy 5,119 5,110 9 Grandston (JLP)

Clarendon, North West Philip 6,075 5,630 445 Henriques (JLP) Richard Azan 5,936 5,547 389 (PNP) Michael 47 51 4 Cohen (Independent)

CHAPTER 9

POST-ELECTION ACTIVITIES

9.1 Collection and Collation of 9.3.2 The recording of the Reports Appreciation Programme has been 9.1.1 Immediately after the closing of placed on CAFFE’s website at the polls, CAFFE’s directors embarked www.caffejamaica.com. on the task of assessing all the reports received electronically by the Data The following is a copy of the Centre and the physical Reports Programme: collected from Parish Coordinators, Roving Observers and Indoor Observers Programme in the field. This was with the objective of preparing a comprehensive Report Venue: Virtual (via Zoom) on the conduct of the elections and the Master/Mistress of Ceremonies: Mrs. Grace activities of CAFFE volunteers. Baston 9.1.2 CAFFE Board thereafter assigned 1. Introduction – MC the task of collating and writing various 2. Opening Prayer sections of the Report to specified 3. Welcome and Acknowledgements – CAFFE Chairman, Dr. Lloyd Barnett directors. Once these were received the 4. Brief Overview of CAFFE monitoring task of collating and presenting them in activities – Mr. Anton Thompson this Report was embarked on. 5. Musical Selections - Phillipian Steel Band 9.2 Collection and Storage of 6. Pre-prepared Testimonials of Materials volunteers 9.2.1 It was necessary for CAFFE to 7. Musical Selections – Phillipian Steel retrieve all the Manuals, forms which Band were distributed to our volunteers and to 8. Opening of microphone to other store them at CAFFE’s headquarters. Testimonials of volunteers - MC 9.2.2 In order to make this process 9. Introduction of Democracy Clubs efficient, the task of refurbishing and proposal – Ms. Nancy Anderson securing the office which had been 10. Announcement of Prize winners in commenced before the elections was CAFFE Poll – Mr. Damion Fisher continued. 11. Vote of thanks & Closing - MC 12. National Anthem 9.3 Appreciation Ceremony 9.3.1 In recognition of the generous 9.4 Conduct of Poll gift of time and skills which our 9.4.1 In order to obtain some volunteers provided so as to enable appreciation of the opinions of CAFFE CAFFE to successfully carry out its volunteers and supporters on several election monitoring activities, an issues relating to the electoral process, Appreciation Ceremony was held CAFFE conducted a polling of opinions virtually via Zoom on February 18, 2021. on some basic questions on January 22, 2021.

The results of the Poll are set out in the Table below:

CAFFE POLL RESULTS

Questions Answers % Yes No

Have you ever been a CAFFE 96 4 Volunteer? Are you 18 years of age or 100 0 older? Should there be a fixed term for 81 19 both General Parliamentary and Local Government Elections? Should it be fixed for 4 years? 43 57 Should it be fixed for 5 years? 29 71 Should both General 55 45 Parliamentary and General Local Government Elections be held on the same day? Should General Election Day be 50 50 a public holiday? Should the voting age be 95 5 changed from 18 to 17? Should the right to vote be 20 80 made a compulsory duty? Should postal drop off or 70 30 electronic voting be allowed as well as in-person voting? Should Jamaicans who reside 40 60 abroad be allowed to vote by absentee ballots? Should voting continue to be 100 0 secret?

CHAPTER 10

THE FINANCIAL OPERATIONS

10.1 Introduction responded with cash donations. These 10.1.1 CAFFE’s initial projections were totalled J$1.55M. In addition, both based on the possibility that mobile telecommunications providers, Parliamentary as well as Local Digicel and FLOW offered phone credits Government Elections would be held at to be used by our monitors. The lack of the same time. support by way of full-time staff meant 10.1.2 However, the Elections were that we were not able to access called with the minimum of advance Digicel’s offer and we were only able to notice so that fundraising activities use FLOW’s offer in part. Through the instrumentality of Director, Mr. Donovan presented a major challenge. In Walker, we were also able to access addition, the unit costs of monitoring the meals from several local providers so elections were increased as observers that our monitors could enjoy lunch on needed to be provided with additional election day. Finally, National Integrity supplies such as masks and hand Action, who have partnered with CAFFE sanitizers, in order to protect themselves in the past, covered the cost of bags and others because of the on-going printed with both our names to be used by the volunteers for storing their pandemic. In comparison with previous notebooks, pens, hand-sanitizers, etc. elections, however, CAFFE made some 10.2.2 Shortly before the elections we “savings”, by reason of inability to travel were contacted by the Jamaican office to train observers. Instead a training of the United States Agency for video was prepared and circulated to International Development (USAID) the observers electronically. This training about our needs for the elections. They, reduced costs when compared with in turn, put us in touch with the National previous elections where in-person Democratic Institute (NDI), an American training was the norm. At the same institution which seeks to promote time, the election monitoring activity democratic practices in the was conducted without the benefit of international arena. The NDI was any full-time staff. While this also anxious to help us but they could not reduced our costs, there were related arrange a grant programme in the short deficiencies that impacted on our time that was available. They did, effectiveness. however, arrange to make funding 10.2 Income available to us through and agent, who 10.2.1 CAFFE made approaches to the they contracted in Jamaica. Using this Jamaican private sector for support in method, they were able to pay many of mounting the election monitoring our vendors/ suppliers and to provide exercise. In the final analysis, only three the subsistence needed for our companies Mayberry Investments, Pan- volunteers. In the latter case, there Jamaican Investment Trust and were some difficulties as they were using Jamaica Freight and Shipping a local payment agency whose systems reasons mentioned above for the were not handling our requests enhanced need for supplies, another efficiently. They therefore shifted to reason for the high costs was the expectation that we would have had payment by direct deposit to bank many more volunteers in the field that accounts and finally to direct eventually showed up. As a result, disbursement. This proved to be an there are some supplies that are still at important learning experience for us. hand for use in future elections. We wish to acknowledge NDI’s agent, Ms. Avalyn Minott, for her assistance, 10.4 Conclusion patience and commitment during this 10.4. The election operation saw CAFFE having a net surplus of period. approximately J$1.25M which is 10.3 Expenditure available to assist in the preparation for 10.3.1 The largest area of expenditure monitoring of the upcoming local was the payment of subsistence to our government elections. A statement is volunteers. This was set at J$3,000 for attached as Appendix V. indoor volunteers and J$8,000 for roving observers. The second largest component was the cost of supplies for the volunteers. In addition to the

CHAPTER 11

RELATIONSHIP WITH ELECTORAL COMMISSION AND ELECTORAL OFFICE OF JAMAICA

11.1 The Electoral Commission of been appointed as Chairman of the Jamaica has continued to provide the Commission in place of Hon. Dorothy policies and strategies which are Pine-McLarty, OJ who had demitted essential to the conduct of a fair and office earlier. CAFFE’s excellent efficient electoral system. In addition to relationship with the Commission and by the administration of the electoral extension the Electoral Office of system, the Commission has the Jamaica has continued and was responsibility for revising the number and evident during the 2020 General boundaries of the constituencies so as Elections. Unfortunately, CAFFE did not to make recommendations to have the opportunity to have a Parliament for the purpose of ensuring consultative meeting with the new conformity with the constitutional Chairman before the calling of the provisions relating to the delineation of Elections. constituencies. The Commission also 11.4 However, as is the Commission’s now has the responsibility to register usual practice, CAFFE was invited to political parties, administer electoral nominate a representative to attend at funding and financial disclosure the ECJ Election Centre on Election Day. requirements and approve political In response, CAFFE nominated one of its parties’ eligibility for the receipt of State directors, Ms. Ingrid Blackwood, who funding. The Commission is expressly was thus able during the pressures of required to observe the principles of impartiality and due process. Election Day activities to communicate directly and immediately with the ECJ 11.2 At the commencement of the and EOJ officers on matters affecting year CAFFE extended its best wishes to CAFFE Observers or on important Hon. Mrs. Dorothy Pine-McLarty on her developments during the day. CAFFE’s retirement from the chairmanship of the Chairman was also invited on Election Commission. CAFFE thanked her for her Day to have a discussion with the invaluable contribution to the members of the Constituted Authority strengthening of the electoral process which has the power by a five-sixths and by extension the enhancement of majority to halt the taking of the polls the democratic process in Jamaica and where a substantial number of polling for her encouragement over the years. stations have not opened on time or there was an occurrence of a natural 11.3 At the beginning of June 2020 disaster which could substantially CAFFE extended congratulations to prevent or prejudice the holding of fair Hon. Earl Jarrett, O.J., C.D., JP, who had elections. 11.5 As stated earlier in this Report CAFFE’s most persistent and serious problems arose from the objection of certain presiding officers to CAFFE’s observers’ presence in the polling stations or during the preliminary count.

11.6 This is in mark contrast with the kind cooperation which CAFFE received from the ECJ and the EOJ in the accreditation of is observers and the certification of their instruments of identification. It would also be correct to say that although CAFFE had great concerns about the treatment of its volunteers by some Presiding Officers, to a large extent they were received with courtesy which is particularly invaluable in the case of young volunteers who are having their first experience as participants in the actual operation of the democratic process.

11.7 CAFFE was also concerned that where there have been judicial recounts, it has been demonstrated that some Returning Officers have been applying the wrong principles in assessing the validity of the marks. CAFFE therefore offered its assistance in this technical area of training.

CHAPTER 12

SUMMARY OF FINDINGS AND RECOMMENDATIONS

12.1 Findings the correct principles in assessing the 12.1.1 The critical and overall findings ballots. derived from the CAFFE observation of the election process is that the elections 12.2 Recommendations were conducted fairly and free from 12.2.1 Political Parties must prepare and fear and that the results reflected the publish their manifestoes well in will and choice of the voters and the advance of the projected dates for the Political Parties and candidates calling of national elections. accepted the ultimate results in 12.2.2 The location of polling stations in conformity with the Rule of Law. locations or buildings where accessibility 12.1.2 The Manifestos published by the poses a challenge to the physically Political Parties were skilfully compiled handicapped should be eliminated. but were, as on previous occasions, 12.2.3 Civil Society and in particular published too late to afford proper CAFFE must institute a programme to public discussion and assessment. encourage a higher level of voter 12.1.3 Apart from the Nomination Day participation. activities and a number of motorcades, 12.2.4 There should be a limitation in the there were compliance with Covid-19 number of polling stations which are Protocols in conducting the campaigns. clustered together so that if voter 12.1.4 As identified and commented on turnout returns to an acceptable level earlier in the report, some of the there would be no overcrowding and Electoral Officers did not demonstrate a increased risks of clashes between party mastery of some of the procedures supporters. necessary for dealing with unusual cases 12.2.5 The provision in the Regulations or exceptional circumstances. which irrationally limits observers to one 12.1.5 The most egregious failing by per cluster rather than one per polling some of the Presiding Officers was their station should be amended to apply to lack of appreciation of the role of one per polling station. CAFFE observers in the process. 12.2.6 A special part of the training of 12.1.6 There were continuing problems Returning Officers should be directed to relating to the location of polling the assessment of marks on ballot stations being particularly challenging papers, since this is governed by legal for access by persons with physical principles. disabilities.

12.1.7 In certain circumstances where there were judicial recounts, it appears that the Returning Officers did not apply

Para. 5.2.2

APPENDIX I ELECTION DAY DEPLOYMENT OF CAFFE PERSONNEL

PARISH COORDINATORS ROVING INDOOR OBSERVERS OBSERVERS Kingston & St. 2 20 60 Andrew St. Catherine 1 18 34 Clarendon 1 3 18 Manchester 1 3 8 St. Elizabeth - - - Westmoreland 1 2 5 Hanover 1 - 10 St. James 1 2 13 Trelawny 1 - 8 St. Ann - - - St. Mary 1 2 15 Portland - 2 - St. Thomas - - -

Para. 5.3.1

APPENDIX II

NATIONAL PARLIAMENTARY ELECTIONS, SEPTEMBER 3, 2020

CAFFE MIDDAY REPORT

By noon on Election Day CAFFE had received preliminary reports from 118 indoor observation volunteers in the field from twenty-eight constituencies in ten parishes. Seventy-eight of the polling stations were opened by 7:00 a.m. and only one of the others were not open at 7:30 a.m. Almost all of the observers reported that the personnel and the materials to facilitate the smooth conduct of the voting process were in place. However, seventeen of these CAFFE observers had reported that the polling process had been disrupted and three reported voter intimidation. In two cases, there had been reports of violent conduct. These reports came from St. Andrew East Rural and Westmoreland West.

While an overwhelming majority of our indoor observers reported that the COVID-19 protocols were being followed, we have received reports from thirteen observers from five parishes that there had been breaches of these, including the elderly not being given precedence.

The Reports received from Roving Observers in several parishes confirmed that the voting process was proceeding smoothly although it appeared that because of the rush to vote early and the COVID-19 protocols the voting process was slowed down and at some polling stations there was a build-up of electors who were waiting to vote.

LLOYD BARNETT CHAIRMAN

Para. 5.3.1 APPENDIX III

ELECTION MONITORING REPORT

Citizens Action for Free and Fair Elections (CAFFE) carried out its mission of observing the national Parliamentary Elections conducted on September 3, 2020. CAFFE had 52 Roving Observers and 195 Indoor Observers covering 12 of the 14 parishes in the Island. CAFFE received scheduled reports twice during the day, first between 9:30 a.m. and 11:30 a.m. and second, after the close of the polls between 5:30 p.m. and 7:30 p.m.

The morning reports indicated that the turnout was slightly less than the last general elections in 2016 but the evening reports indicated that the turnout was significantly less than in the previous general elections.

There were no reports of polling stations not being opened or equipped to receive the voters and conduct the voting. There were 17 reports of the voting process being interrupted and 11 reports of irregularities. There were 15 reports of persons being allowed to vote openly. There were 14 reported cases of persons who were in line at 5:00 p.m. not being allowed to vote. CAFFE will endeavour to obtain the particulars of these incidents. However, it is CAFFE’s assessment that none of these incidents materially affected the results of the elections and the elections were conducted fairly and in the main free from fear.

The overwhelming majority of CAFFE Observers reported that the COVID-19 protocols were being followed at the entrance to and within the polling stations. However, in some instances priority was not given to senior citizens and persons congregated near the polling stations without maintaining the recommended physical distancing.

LLOYD BARNETT CHAIRMAN

Para. 6.2.1

APPENDIX IV

DATA CENTRE CALL-IN REPORTS QUESTIONS FAVOURABLE UNFAVOURABLE ANSWERS ANSWERS

1. Was the voting process interrupted at 86.67% 13.33% any time at this polling station? 2. Were there any irregularities during the 89.52% 10.48% voting? 3. Did the Presiding Officer explain the 97.14% 2,86% voting procedure to the voters? 4. Was anyone carrying a weapon 97.14% 2.86% allowed to vote? 5. Was everyone in the line at 5:00 pm 86.67% 13.33% allowed to vote? 6. Were security personnel present at the 88.57% 11.43% station up to the end of the preliminary count? 7. Did any voter hand out political 98.10% 1.90% propaganda material? 8. Was there any person without proper 97.14% 2.86% documentation but on the voters list not permitted to vote? 10.Was any person with proper 100% - documentation not allowed to vote? 12. Was any person allowed to vote 87.62% 12.38% openly? 15. Did you observe the entire counting 80.95% 19.05% process at this polling station? 16. Did you observe the mark on every 75.24% 18.10% ballot counted? 17. Did any political party agent contest 88.57% 3.81% the preliminary count at this polling station? 18. Which party contested the results at 50% 50% this polling station - PNP? 19. Which party contested the results at 50% 50% this polling station - JLP? 27. Was the Presiding Officer's preliminary 80.00% 3.81% count correct? 28. Was the ballot box properly locked 87.62% 0.95% and sealed at the closing of the count? 29. Was the ballot box escorted from the 7.69% 75.00% polling station by the security forces? 30. Did you observe any problems 5.77% 78.85% regarding transportation of the ballot box? 32. Were the COVID 19 protocols 100% - observed? [By Officers] Were the COVID 19 protocols observed? 92.38% 7.62% [By Voters] Para. 10.4.1

APPENDIX V

CITIZENS ACTION FOR FREE AND FAIR ELECTIONS General Election - September 2020 Income and Expenditure Statement.

INCOME

Corporate Donations $1,550,000.00 Donation from National Integrity Action $75,125.00 Grant from NDI $1,055,840.85

TOTAL INCOME $2,680,965.85 $2,680,965.85

EXPENDITURE

Volunteer Obsever Stipends $655,000.00 Parish Coordinator Stipends $75,000.00 Volunteer Supplies $469,435.48 Advertiising $69,000.00 Trainng Video Production $65,000.00 Travelling $40,280.00 Secretarial Servicees $50,000.00 Cleaning And Sanitizing Services $10,000.00

TOTAL EXPENDITURE $1,433,715.48 $1,433,715.48

NET SURPLUS/ (DEFICIT) $1,247,250.37