Following the decision of the Departmental Electoral Office of Litigation (BCED) of West, dated September 4, 2015, to request the Provisional Electoral Council (CEP) to apply a calculation method based on a relative majority who favor the passage in the 1st round of a candidate for the Senate, the National Defense Network for Human Rights (RNDDH), the Council National Election Observation (CNO) and the Haitian Council of Non State Actors (CONHANE) stressed Wednesday that :

"1 - Articles 94.2 and 94.3 of the Constitution and Articles 45 and 45.1 of the Electoral Decree clearly state a method of calculation based on the rules of the absolute majority for any candidate to the Senate. This calculation should be based on the number of voters. Indeed, when voters are asked to vote for a candidate, the number of voters is equal to the number of votes, what is not the case when they are asked to make the choice to two candidates. Therefore, it is important to always take into account the number of voters for the senatorial, which must equal the number of valid ballots. Otherwise, the calculation is biased. [The number of votes cast is greater than the number of voters, proportionately reduce the% obtained by the candidates].

However, firstly the CEP had erred, by basing on the total number of votes obtained by all candidates to calculate absolute majority. On the other hand, the BCED, with reference to the difference of votes between two candidates, without taking into account the total number of voters, also misled, thus using the method of the relative majority.

2 - The derogation introduced in 94.3 articles of the Constitution and 45.1 of the Electoral Decree, while devoting the rule of the absolute majority in reference to the full suffrage, allows the candidate best placed (with the largest number of votes ), having not obtain half +1 of the vote but which has a 25% advance on the total suffrage on his immediate pursuer, to be elected in the first round of elections. This implies that the difference of 25% must be based on the number of voters with a valid ballot.

On this basis, RNDDH, the CNO and the COHNANE consider that the decision by the BCED is not only contrary to the Constitution and the electoral decree, but also an tear to democratic principles that establish the conditions of popular legitimacy of an elected official. This unacceptable decision of BCED, only compounds the first mistakes of the CEP in its method of calculating the absolute majority.

RNDDH, the CNO and the COHNANE believe it is great time for the authorities concerned at the electoral institution, to assume their responsibilities in order to redress the balance."

HL/ HaitiLibre