838.00Electoral Law/5
The Chargé in Haiti (Merrell) to the
Secretary of State
[Extract]
Port au
Prince, July 18,
1925.
[Received July 24.]
No. 803
Sir: With reference to the Department’s
telegram No. 27 of July 8, 7 p.m. relative to the project of a Communal
Election Law which was submitted by the American High Commissioner for
the Department’s consideration, I have the honor to transmit herewith a
copy of a memorandum prepared by the Legal Adviser to the High
Commissioner explaining the deficiencies of the Electoral Laws now in
force in Haiti.
. . . . . . . . . . . . . .
I have [etc.]
[Enclosure]
Memorandum on Haitian Electoral Law Prepared by
the Legal Adviser to the High
Commissioner in Haiti (Strong)
[Port au Prince,] July 13, 1925.
- 1.
- Prior to the Constitution of 1918, the election law in force
was that of August 24, 1872, which was reproduced in the Moniteur
[Page 301]
numbered 47 of the
year 1902. With the going into effect of the Constitution of
1918, it was found necessary to enact a new election law which,
although it does not specifically revoke the law of 1872,
nevertheless, completely takes its place. We have, therefore, no
reason to refer to any law back of the law of August 4,
1919.7
- 2.
- The Constitution of 1918 differs little from its predecessor,
that of 1889, in regard to elective officers, and the manner of
their election to office. It prescribes, however, that the first
elections for an elective legislature will be held on an even
year, fixed by decree of the President. (Article C—Transitory
Provisions). Until such decree is issued, there can be no
elections other than those for communal officers. For this
reason it seems advisable that a communal election law be
enacted which would serve as a model for a general election law,
covering the election of deputies and senators, upon the
issuance of the decree of the President calling for the election
of a constitutional legislature.
- 3.
- Another thing that the new Constitution did, was to omit all
the qualifications of citizenship, included in the Constitution
of 1889, making them a matter for legislation. (Article 3).
Therefore, the first chapter of the law of 1919 is devoted to
the qualification of citizenship. The new Constitution included
two qualifications for the exercise of political rights, as
follows: (a) that all the voters must be
twenty-one years of age; (b) that all
naturalized citizens must have not less than five years
residence in Haiti before they can vote. (Article 6).
- 4.
- It may be remarked here that Article 4 of the law of 1919 is
an interpretation of Article 6 of the new Constitution, insofar
as it assumes to make the five year period run from the date of
naturalization. It is, therefore, of questionable
legality.
- 5.
- Article 5 of the law of 1919 requires all voters to register,
and Article 6 prohibits a voter from registering on more than
one list of voters. Chapter IV looks after this in greater
particularity. Noteworthy points, however, are that there is no
prohibition against appearing twice on the same list and no
penalty for double registration. The registration is controlled
by the communal officers in power at the time. In other words,
the “outs” have little chance against the “ins”. It is not
necessary to go further to discover reasons why elections under
the law of 1919 are an absurdity. Section 4 of Chapter IV
details the manner of voting, which further indicates that the
voter has no protection, either as to the secrecy of his ballot,
or that it will be cast for the candidate for whom he desires to
vote, it being remembered that there is more than ninety percent
illiteracy among the voters of Haiti.
- 6.
- The greatest difficulty in the way of holding fair elections
in Haiti is perhaps due to the fact that there exist no
political parties here. Local election boards must necessarily
control the conduct of elections. In the absence of adequate
representation on such boards by each of the opposing political
factions, coupled with appropriate restrictions as to
registration, voting, and the counting of the ballots, elections
must continue to be what they have been in the past—ridiculous
farces.
- 7.
- The main features which the new project provides, are the
establishment of the necessity for political parties, proper
representation on the local boards, distinctive ballots by which
the ignorant voter may vote for the candidates of his choice,
dual control of registration, and dual supervision over all the
details of voting, and the establishment of a national board of
a non-partisan and by-partisan character, etc.
Respectfully submitted,
