Eligibility questions remain
(CNS): The Elections Office is expected to release information later today over the qualification of a number of candidates whose eligibility remains in question. Despite their best efforts to ensure that the names on the final ballot sheet would not be subject to challenge, question marks remain about some candidates over dual nationality and residency issues. Although most candidates signed a voluntary survey that clarified the qualification question and placed responsibility on the candidates for their own compliance with the law, a few elected not to do so. Those candidates who would not sign were questioned further and the qualification of some who may continue in the race remains in dispute.
Following a number of election challenges throughout the region that have disrupted the political landscape in several countries, the local elections office was keen to reduce the risk of challenges to avoid the costly and disruptive possibility of by-elections after the event. However, it may be that some candidates for the Cayman Islands General Elections are staying in the race despite possible questions.
In the Turks and Caicos Islands’ election last year the failure of a candidate to qualify disrupted the result and triggered a by-election, even though he had failed to poll enough votes to win. The difference in the number of votes between the top two candidates in the constituency was so low that the votes given to the candidate discovered not to qualify were significant enough to trigger a successful challenge.
Here in Cayman, questions remain over the dual nationality of Richard Christian and Cline Glidden, who are both running on the new People’s National Alliance ticket and who both declined to sign the voluntary questionnaire. Glidden, an incumbent MLA and cabinet minister, is pressing on in the race, as he says he no longer has a valid United States passport. However, Christian, who was planning to contest one of the four seats in Bodden Town, is believed to still have a valid US passport, implying an allegiance to another country.
Meanwhile, Tara Rivers, who is running on the C4C campaign ticket and who, it is understood, also refused to sign the questionnaire on Nomination Day, has been questioned over her residency period. However, Rivers may still press ahead as her right to run remains up in the air. Although she was out of the country until 2009 and fails to meet the seven year requirement to be resident prior to an election, her status as a student during her time of absence may be sufficient to meet on of the exemptions, even though she was employed by a London-based firm as a lawyer at the same time.
Although Dr Frank McField is understood to have also refused to sign the questionnaire, his qualification is not thought to be in question.
Officials from the Elections Office stated that most candidates completed and signed the voluntary questionnaire, which they said was designed to focus the attention of those wanting to run on their qualification and essentially asking them to take responsibility for their compliance. Speaking to CNS Friday, they said that they would be revealing the identities of those candidates who were continuing to run even though their qualifications remained in question and those who refused to sign the questionnaire.
Although 58 candidates were nominated last Wednesday, the list may be reduced depending on the decisions of those who could face election challenges, either before polling day or after, when the results are in, depending on the impact they may have on the result.
Last election both UDP candidates in Bodden Town, Mark Scotland and Dwayne Seymour, failed to meet the constitutional requirement regarding their business interests with government before the deadline. Although both men had private businesses that had government contracts, neither candidaterevealed the details in time. However, once this was published in the press, both claimed it was merely an oversight and rushed to supply the information and gazette publicly their government business interests and continued on in the race.
No formal challenges were made by local officials, and when the opposition declined to challenge their qualification once the two candidates were elected and after the failure of the attorney general to pursue the action, a group of voters took to the courts. However, their difficulties in raising the necessary finances required meant they missed the official three week deadline under the elections law to mount a challenge and submitted an originating summons instead.
The chief justice threw out the suit as he found it was not the lawful route to make the challenge, and so the question of qualification was never addressed.
Category: Politics
How come some Caymanian crooks, liars, frauds, cheaters, wife beaters, drunks, morons, charlatans, pirates, opportunists, zombies and empty vessels are eligible to run and serve as MLA but because a person lived aboard or hold another passport due to birth but with Caymanian roots can be disqualified?
Because the people that crafted the constitution 2009 were:
1) All knowing
2) Short sighted
3) Self serving…
By letting only the ones that have these qualifications they are pretty much guaranteeing to keep the stupid, stupid, the poor, poor and the powerless, powerless. This constitution creates a division within the Caymanian population of which I have never seen before. Somehow we find it ok that there are lesser Caymanians for reasons that boggle the mind.
Arrogance at it finest! I have been preaching we are all Caymanians, regardless of color, wealth, sexual preference, religion… yet the very document that our society is based on states very clearly we are not!
I am ashamed to call myself a Caymanian today!
Tara wouldn't sign the questionnaire tells us all that she knows she is not eligible. CNS can you comment on what happens if C4C continues to run her as a candidate and the courts prove her ineligible to serve later?
As an American citizen I can confirm that American citizenship has nothing to do with having a valid passport. Most Americans don't have passports – it just means that they can't travel outside the US. If CG's passport is expired, it only means that he can't travel on a US passport. He will be an American citizen till the day he dies unless he officially renounces his citizenship at a US embassy at which point he would be charged a huge fee. The question is, is he a tax cheat? As an American citizen living overseas he is required to pay US income tax on any salary over US$86,000 (approx.) and he must pay income tax on all other sources of income worldwide with no exclusions.
An invalid passport does not mean you are no longer a citizen.
Cline Glidden is still a US citizen and is NOT qualifiedand has never been qualified to run for office. Jim Bodden had to denounce his US citizenship so how come mr. Glidden has ben allowed to run for office for the last three elections.
If you disqualify Richard Christian and Sharon Roulstone has to give up citizenship then Cline Glidden MUST be disqualified.
I agree 100% poster.
Why did or does our Supervisor of Elections allow Glidden to run while he had a US Passport?
You can also report American citizensto the IRS and get a cut of the tax money they have to pay. Just sayin'.
Same for Canadians: Stop International Tax Evasion Program enables the Canada Revenue Agency to pay individuals with knowledge of international tax evasion.
We are getting rattled already and the UK election observers are not even here yet?
I am so glad they offered to observe our elections…
Would anyone like to buy Richards advertising space??? LOL
Why are we so worried about "citizenship" and "loyalty"? Even Ken Dart is a Caymanian now. So, why worry about these candidates who at least have Caymanian blood.
Because sunshine thereis a ” LAW ” which determines who is, or is not, eligible to be elected to the LA. It doesn’t matter how ridiculous you think it is or indeed, how ridiculous it might be in itself – it is there and has to be applied. You might think some of the Speed Limits in Cayman are crazy, but exceed them and get caught by the RCIPS, and see what happens – suspect that your opinion would carry little weight in the Magistrates Court.
If Cline Glidden holds US citizenship – forget the Passport issue, it is irrelevant – how can he currently be an MLA ??
We had at least three ineligible MLA's last term. Wecolme to the parallel universe of Cayman.
And proof that our officials are incapable of enforcing our laws. Welcome to the Mickey Mouse club.
Having a second passport is great to make your escape in case they take your first one.
> questions remain over the dual nationality of Richard Christian and Cline Glidden, who are both running on the new People’s National Alliance ticket and who both declined to sign the voluntary questionnaire. Glidden, an incumbent MLA and cabinet minister, is pressing on in the race, as he says he no longer has a valid United States passport.
So the question is, did Glidden EVER have US Citizenship while being a member of the Legislative Assembly. If yes, then he broke the law and should be charged. Also, if yes, the elections office should be held accountable for not inquiring about this in the past and allowing him to become an elected official.
The status (valid or expired) does not matter. It is the status of Glidden's citizenship in another country that is in question and whether he knowingly sought a seat in the Cayman Legislative Assembly and failed to declare the fact that he held/holds citizenship of another country.
CNS please look into this.
You hit that nail right on the head – could CNS or someone else who is completely familiar with the applicable legislation, tell us if possession of US citizenship with or without a valid Passport, is barred from being an MLA.
If anyone would like to take the time to read section 61 and 62 of the constitution you will see that being a citizen of another country is not a disqualification if you were born in that country.
Here is a link: http://www.electionsoffice.ky/downloads/2009_CONSTITUTION_ORDER.pdf
If CG or RC were born in the USA, then they are not disqualified.
But lets not let the truth get in the way of the beating stick.
That may be so for the 2009 Constitution, but what about the terms he served under the 1972 Constitution?
The provisions were pretty similar…..
I think your analysis is flawed. Have a look at 61(2)(a) and (b).
Some of the candidates are probably dangerously close to being disqualified under 62(1)(d)
Actually that’s not what the Constitution says. S61 refers to any citizenship you may be ENTITLED to by virtue of your birth. There is a difference between being entitled to a foreign citizenship and exercising and claiming that citizenship for example by taking out the passport for that country as an adult. In the latter case you would be by virtue of your own act under acknowledgement of allegiance to a foreign power under S. 62. There is significant case law on this point from other Commonwealth countries.
Mr Christian was born in the USA so why then was he disqualified?
CG was born in the USA so he is fully american!! should not be allowed to run unless gives up his citizenship!!
If we cant trust them on these simple stuff, what else!!
What about those among them with criminal convictions? How are they able to run for office?
Think the bar to anyone being elected or remaining an MLA, is in fact conviction for a Criminal offense which results in a prison sentence, not suspended, of 12 months or more
If they're Cayman criminals, or committed crimes while in Cayman, it is ok to run for office – smile.
The problem to begin with is that it is a voluntary questionnaire. The question of eligibility should not be based on volunteered information, this the first step to corruption in government, and as we have witnessed it just doesn’t get smaller.
Oooh boiye Cliney, ya betta hurry-yup en do de rite thing, sonny, cuz dem vul-chures out heh waitn fa u mi son!!
Now how I see it, its like dis…………..
Rollie and Judie and dem Scotts r de BEST of friends ya nah
And en Judie en Ju-Ju lek bread n butta………
And den Judie and Shay-shay and Roy-yo also link-up tight like tatch rope…………
And den Win-ney he gah grass-roots from his mama's teach-cha days, he tie-up in tatch-rope too………..
And den we gah Ta-Ta and Mervi from de Bay, dey holdin a few notches…………
So wen I tek a close lok a wah guian on heh, dis wa I see deh nex govt lok lek if deese ppl get in………
Ju-Ju – The Prem
Rollie – Dep Prem
Clinney-mi-son
Mark-mi-word
Johnnie-mi-boiye mama sen u ti school………..
Judie
Roy-yo
Shay-shay
Winney
Ta-Ta
Mer-vi
Unna nah wonda why the PNA only runnin 6 people en dey party o wa???
Coommmmme on now, surrrrrely u nah tinkin dat dey tinkin abuk loooooosin control dey seats?????
Now dis "Ocean's 11" group abov up dey nat sooo fo-fo afta all ya nah!!
I tinkin dat dey be tinkin dat dey gonna seal-d-deal by mekkin it "Ocean's 13" wen East-Arden en d North-Ezjoin up wid dem in de South n de West!!
And dere ya hav it!!!
I didn’t realise Kirky had access to the Internet ……..
You are so wrong. You must be Johnny come lately cause you seem to not really know these people. Those old soldiers that know that voters list inside out are not making that prediction. Ju Ju will get back in again as second elected but certainly not as Premier, there will be alot of fighting overthat seat. Mack will definately be back in again but will not be able to help her this time.
I have to be honest, this is sort of a weird requirement from the way I view it. Maybe it has something to "swearing allegiance to the queen". In the US you CAN have dual citizenship and be in Congress. Now, if Cayman wanted the Premier to be ONLY a born, bred Caymanian I could see that, but the entire LA?
"… US passport, implying an allegiance to another country." So what?
We are not going to war with anybody, as far as I can tell.
I am more interested in their allegiance to the environment and unemployment here, than how easily they get through immigration in Miami.
Internal Revenue Service can clear this matter right up.
Why is it made voluntary to provide information via a questionaire that determines eligibility to stand?
Because the Elections Office were too pigheaded to ask for the Elections Law and Regulations to be amended to make it mandatory even though they were warned about this a year ago.
"Officials from the Elections Office stated that most candidates completed and signed the voluntary questionnaire, which they said was designed to focus the attention of those wanting to run on their qualification and essentially asking them to take responsibility for their compliance."
Please publish the list of those who did not sign the voluntary questionnaire and we will help you to determine the facts of their eligibility.
We should all be grateful for the Operation Tempura team and their hard work which has directly lead to such a culture change towards corruption and misconduct in the Cayman Islands.
Although voluntary, those candidates who wouldn't sign the form seem to be sneaky from the get go. Tell everything up front then these types of situations will not arise. The Elections officials have enough work already; don't add to it.
This section of the law and constitution needs to be amended. Cayman needs good people like Richard, Tara and Cline as candidates for elections especially since they are Caymanian
Isn't the point that they are not, entirely at least, Caymanian! At least a little bit of them wants to be something else. Oh, and given the requirement is well known, they are either not too bright or duplicious.
I trust CG is paying his taxes – he is still a citizen, even without a passport, until he renounces.
Are the prohibitions on offences involving dishonesty limited to breaches of Cayman law, or does breaching the law of your second nationality also count?
Renouncing your citizenship and haveing an invalikd passport atre two different things. If you let your US passport expire it is on longer valid; it does not mean you have renounced your citizenship. So the question is in what way is his US passport invalid. Only when those details are know can a proper decission be made.
Cline Glidden response is so misleading. His Passport might well be expired and he can always renew it after election. That is difinitely not the same as renouncing it. Wy are these people putting up themselves to represent so dishonest??
To renounce your US citizenship nowadays wil cost you 40% of your worldwide assets. It is a very expensive action to take
This is very much the important point – Glidden is almost certainly still a US citizen – I know that if my UK Passport expires, it does not mean that I no longer hold British citizenship. Believe this situation arose many years ago with a famous BT candidate who had to step down from the LA, and could not be re-elected until he renounced his US citizenship. The question is – ” How has Glidden remained a MLA, if he held US citizenship ? “.
Is Tara Rivers eligible to run? The question of whether this C4C candidate is eligible to run in the upcoming elections is an interesting one. As she is a member of a group that claims to put country first I shall be looking carefully to see how she approaches the challenge to her right to run.
She was resident out of the country longer than the permitted period and on the face of it is therefore not qualified to run unless she comes within one of the exemptions. She says she does because she was a student at the time. However, a look around the Allen & Overy website and the Conyers Dill and Pearman (Cayman) website seems to place it beyond doubt that she was not a student and in fact was employed as a solicitor in London at least for part of her time away. This would seem to disqualify her.
A stroll around the Compass archives also turned up the following quote from Richard Finlay, Managing Partner at Conyers Dill who commented upon her joining his firm following her return to Cayman in late 2009:
"Prior to joining Conyers, Ms. Rivers was an international capital markets associate at Allen & Overy LLP in London. During her time at the firm, she helped structure and execute a number of firsts, including establishing the first UK building society residential mortgage backed securities master trust programme and the first commercial mortgaged back securities covered bond programme.
Richard Finlay, managing partner of Conyers' Cayman Islands office, said: ' ….I have been following Tara and her career for a number of years, with a view to inviting her to join our corporate department when she decided to return to her native Cayman."
"…Her professional experience, notably the years she spent with Allen and Overy in London, will serve her well in providing responsive, timely and thorough advice to clients of Conyers Dill & Pearman in the Cayman Islands."
In addition, it appears that Ms. Rivers worked for a period with Citbank also in London.
This is a matter that will test both the character of Ms. Rivers and the integrity of the Elections Office.
I'm watching.
Dude, get a life!!! it is people like you that have way to much time on their hands and nothing to offer. Who cares if Tara was in school or working?? We should be proud of her and the accoplishments that she has achieved.
On the contrary, we MUST care! If a person cannot be honest at the time of nomination….how can we expect them to be honest in the legislature? It's not so fun now that "good governance" is used against the same C4C people that have been calling for it! Imagine that.
Yes, the constitution does not prevent you from working while you are a student. If it did, that would significantly disenfranchise those students that need to work while in studying. Also, some programs require work experience as well. Being employed does not take away from the fact that you can still be considered a student.
Another ppm blogger hard at work trying to cast doubt because their candidates are a joke. Jealousy is a sin. i bet if she ran with ppm she would be perfect and eligible in their minds
If Ms. Rivers was registered as a student, I see no reason why she could not also work at the same time. Many students work full time while gaining their certificates or diplomas, especially when they are going for further studies like masters and additional degrees.
I see no problems with this.
So when was dis citizenship renounced? Does this mean that the previous terms were ill gotten too?
Maybe Dr. Frank has a German or Cuban passport that nobody (not even him?) knows about.
I have great respect for Dr Frank as he was for the poor the last time that he was in.
McKeeva is for the poor. Do you see how the number of poor people increased during his term?
If no one can figure out how to file a lawsuit on time, none of this matters.
If the Election Office is going to make food and drink illegal at Election Meetings I hope they are also prepared to send "secret agents" to watch those who give out fridges, stoves, TVs and the like. I also hope that Election office put in as much effort in determining who are eligible to stand up for election and who are Americans or other nationalities. The availability of food does not really bother me as I seldom eat at these functions because so many cooks still use the poison "MSG" / Accent, but if others want to partake of I really do not see the problem. I guess it is much easier to issue these blanket statements than to really supervise what goes on at the polling booths accross the island like what happened last election.
Point is this should be investigated by the Elections Office and not left to individuals to bring a lawsuit.
That is not their job.