Elections and Boundaries Attorney Provides Update on Ongoing Court Case Over Party Colors

Today, attorney Hector Guerra, attorney for the Elections and Boundaries Commission, gave an update on the case that was brought forth by Vice-chairman Alberto August and Party Leader Mosses Barrow of the United Democratic, challenging the Elections and Boundaries Department to assign a different color to the Alliance for Democracy, led by Hon. Tracy Taeger Panton, ahead of the March 12 General Election.  

Hector Guerra, Attorney for the E&B Commission: “We presented full legal arguments at that point. This would have come after the Elections and Boundaries Commission had filed affidavits in response to the claim, as well as written legal arguments. The essence of those arguments that were put forward on behalf of the Elections and Boundaries Commission, as well as the Attorney General of Belize, was that this was squarely something within the remit of the Elections and Boundaries Commissions to do. The Elections and Boundaries Commission under the Representation of the People’s Act is allowed before elections are held, is granted the power to allocate colors to various parties. The legislation is plain, it doesn’t refer to factions within a party, it refers to political parties and that is where we say Mr. Barrow was plainly wrong in his argument that the elections and boundaries lacked the power to in fact issue the colors.”

Guerra further explained the causes that led to the case going mute. 

Hector Guerra, Attorney for the E&B Commission: “The challenge by the time it came up for hearing was already moot. So the decision was handed down by the Elections and Boundaries Department on the 25th of February. Mr. Barrow and Mr. August filed a claim for judicial review early March, 3rd of March. They filed the claim but did not prosecute it, did not push it. Of course, elections were held on the 12th of March. The results were that the People’s United Party came out victorious, winning 26 of the 31 seats. Despite filing the claim on the 3rd of March, they did not serve it on the Elections and Boundaries Commission and the Attorney General’s Ministry until early April. So more than a month had elapsed since the filing of the claim and of course a significant amount of time had already passed since the general elections were held. Of course Parliament had already reconvened.”

According to Guerra, the Elections and Boundaries Department holds the power to assign a color to a political party; however, not to a faction within a political party.