By Ramatoulie Jawo
The National Assembly has voted to remove Clause 3 from the Election Bill, eliminating a provision that would have rendered the existing voter register invalid and required all eligible voters to re-register under the new law.
The clause, as originally drafted, stated: “As from the coming into force of this Act, the existing register of voters shall cease to be valid, and all eligible persons shall apply to be registered in accordance with the provisions of this Act.”
The decision to strike the clause followed recommendations from the National Assembly’s joint committee on regional government and human rights, which argued that requiring a complete overhaul of the voter register could present logistical and financial challenges. The committee, after extensive deliberations, proposed that Clause 3(3) be removed to prevent potential disruptions to the electoral process.
During the parliamentary debate, lawmakers were divided on the issue. While some supported the clause as a necessary reform measure, others warned of the administrative burdens and uncertainties it could impose on the Independent Electoral Commission (IEC). Ultimately, a majority of lawmakers agreed to its removal, amending the bill accordingly.
Justice Minister Dawda A. Jallow reminded lawmakers of the bill’s origins, noting that it was introduced before the 2021 presidential election with the expectation that a new voter register would be compiled before that vote.
“It was expected that when it was passed, we would have to have a new voter register completely replacing the old voter register before the 2021 Presidential elections. Because this bill was introduced, I think, around 2019 or early 2020, so we now have to look at the effect of it now. I am not in the position to say whether IEC is ready if we should delete the current voter register because effectively if we pass it with this, it will invalidate the current voter register. Whether IEC will be in a position from now to come up with a new voter register that is something we did not know because it requires resources, logistics, and other things. So I think the issue of general registration of replacing the existing database we can leave that to the IEC to determine,” he said.
He explained that if the members keep the clause in the bill at the time of its passage, the current voter register will be automatically deleted.
As a result, if a by-election were to take place the following day, the IEC would be unable to conduct it because the deletion takes effect immediately upon the bill’s passage, leaving no valid register until a new one is created.
Hon. Suwaibou Touray, a member of the joint committee, further stressed that during consultations with the IEC, they also agreed that Clause 3 should be removed due to its impact on the electoral process.
“We agreed with the IEC that the clause should be removed because it would affect them. It was initially included with the belief that, at the time of its passage in 2019, a general voter registration was necessary. However, voter registration should now be a continuous process,” he stated.
After deliberations, the Speaker called for a vote. Twenty-six members voted in favour of removing the clause, five voted for it to remain, and two abstained from voting.