The National Assembly has voted to eliminate Clause 3 from the Election Bill, which would have invalidated the current voter register and mandated that all eligible voters re-register under the new law.
The clause, in its initial formulation, read: “As from the coming into force of this Act, the existing register of voters shall cease to be valid, and all eligible persons shall apply to be registered in accordance with the provisions of this Act.”
This decision to remove the clause came after suggestions from the National Assembly’s joint committee on regional government and human rights, which contended that mandating a total revision of the voter register might pose logistical and financial difficulties. Following thorough discussions, the committee recommended the removal of Clause 3(3) to avert possible disruptions to the electoral process.
In the course of the parliamentary debate, lawmakers found themselves split on the issue at hand. Some advocated for the clause as an essential reform, while others cautioned about the potential administrative challenges and uncertainties it might create for the Independent Electoral Commission (IEC). In the end, most lawmakers concurred with its removal, leading to an amendment of the bill.
Justice Minister Dawda A. Jallow reminded lawmakers of the bill’s origins, highlighting that it was introduced prior to the 2021 presidential election with the anticipation that a new voter register would be established before that election.
“It was anticipated that upon its passage, a new voter register would need to be established, entirely replacing the old one prior to the 2021 Presidential elections.” This bill was introduced, I believe, around 2019 or early 2020, so we must now examine its current effects. I cannot determine if IEC is prepared to delete the current voter register, as passing this would effectively invalidate it. It remains uncertain whether IEC will be able to develop a new voter register moving forward, as this process demands significant resources, logistics, and various other considerations. He stated, “I believe we can leave the matter of general registration and the replacement of the existing database to the IEC to decide.”
He clarified that if the members retain the clause in the bill during its passage, the existing voter register will be automatically erased.
Consequently, should a by-election occur the next day, the IEC would find itself unable to carry it out, as the deletion takes effect immediately upon the bill’s passage, resulting in no valid register until a new one is established.
Hon. Suwaibou Touray, a member of the joint committee, emphasised that during discussions with the IEC, there was a consensus to remove Clause 3 because of its effect on the electoral process.
“We reached a consensus with the IEC that the clause should be eliminated due to its potential impact on them.” It was originally included with the understanding that, at the time of its enactment in 2019, a general voter registration was essential. “Voter registration should now be a continuous process,” he stated.
Following discussions, the Speaker requested a vote. Twenty-six members supported the removal of the clause, five were in favour of keeping it, and two chose to abstain from voting.
