PHILIPSBURG--In an emergency procedure handled by the Court of First Instance on Monday, the judge has granted permission to the Central Voting Bureau to scratch the name of candidate #22 on the National Alliance (NA) slate off the list for the January 9 election.
In a separate procedure, which was also handled by the Court on Monday, NA candidate Luis Guillermo Hurtault’s request to be included in the electoral register was rejected.
According to country St. Maarten and the Central Voting Bureau, Hurtault is not entitled to vote and, therefore, cannot run as a candidate in the election.
It was stated that Hurtault was qualified to vote and to be elected because of a mistake made at the Civil Registry, the Census Office said in a letter of Thursday, December 19, to the Central Voting Bureau. As the lists of candidates have already been declared valid, the Voting Bureau turned to the Court of First Instance for permission to have Hurtault’s name scratched off the NA list.
Hurtault objected and told the Court on Monday that he lives and works in St. Maarten. He claimed that the Civil Registry had made a mistake – as mistakes are made more often, but then corrected afterwards.
Pursuant to Article 39.2 of the Election Ordinance, only those who appear in the electoral register on the 30th day prior to Nomination Day are entitled to participate in the election.
The electoral register was closed on October 22, 2019. This means that any participant in the January election must be residing in St. Maarten on that day, have Dutch nationality, and be over 18 years old on Election Day.
The Court established that Hurtault was not a resident of St. Maarten on October 22, 2019. He had de-registered himself from the civil registry in the Netherlands, where he was residing, on October 25, 2019. Two days later he travelled to St. Maarten, where he was registered six days too late, on October 28, 2019.
The Court established that Hurtault has no right to vote or to be elected under the Election Ordinance. Therefore, the Central Voting Bureau had correctly taken the position that he should not have been placed on the list of candidates as he failed to meet the requirements. Considering all this, the judge granted permission to the Central Voting Bureau to scratch Hurtault’s name off the NA slate.
“I returned to St. Maarten and registered to vote in the upcoming snap elections of January 2020. I submitted a request to the Court, as the voting registry was closed, making use of my active and passive voting rights based on Articles 2 and 39 of the Election Ordinance,” Hurtault said in a reaction.
“I received notification of eligibility (“kiesgerechtigdheid”) from the Civil Registry on November 20, 2019, and postulated myself on the NA party [slate – Ed.]. I was notified on December 18 that the Civil Registry made a mistake in granting me a document saying that I was eligible to be elected. Therefore, in order to rectify this, there was a Court case held today [Monday – Ed.] in which the Civil Registry won,” he said.
“I also learned that my petition to be able to vote as a St. Maarten-born and -educated young man who went away to study and improve my life as well as contribute to St. Maarten’s future development was denied. It is very unfortunate that I am not even allowed the opportunity to vote, which is everyone’s right. I am an ambitious young man who has worked very hard to reach where I am today.
“Regardless of this, I will continue to support the NA who have embraced me wholeheartedly. I encourage all my supporters to remain resilient and support the NA and its leader Silveria Jacobs.
“In the meantime, I will continue to work with my party, to ensure that we are elected by acclaim of the people of St. Maarten and get that mandate to govern for four consecutive years.”
