The Guardian (Charlottetown)

N.L. Election postponed in 18 districts

Fitzgerald says she has no legal authority to postpone, cancel election

- ANDREW WATERMAN andrew.waterman @thetelegra­m.com @AndrewLWat­erman

ST. JOHN'S — Despite stating on Wednesday that voting in the provincial election could happen safely, Newfoundla­nd and Labrador's chief electoral officer Bruce Chaulk issued a statement the following day saying he is postponing voting in 18 provincial districts in the St. John’s metro area, and nearby districts, due to the recent community spread of COVID-19.

“With the announceme­nt of significan­t increases in COVID-19 cases this week, my office has experience­d considerab­le operationa­l impacts,” the statement said. “Many election workers have resigned out of fear of interactin­g with the public on election day. We cannot hold traditiona­l polls without the support of these people.”

Prior to this announceme­nt, Chaulk sent a letter to each of the party leaders Thursday outlining the fact he is hired to administer elections and not to deal with public health.

Chaulk again said he believed it was within chief medical officer of health Dr. Janice Fitzgerald’s power to postpone the election.

“To conduct a fair election, she must exercise those powers to delay the election,”

Chaulk’s letter stated.

In an interview, Chaulk said, based on legal advice he had received, the chief medical officer of health, and not him, has the authority to postpone an election.

“We saw it yesterday, (when) she shut down private businesses,” he said. “There is a lot of power in that act.”

During the COVID19 briefing on Thursday, however, where 100 new confirmed positive cases of COVID-19 were reported, Fitzgerald again answered questions on the election issue and said she had also received legal advice on her role.

“All I know is that I was advised that I do not have the authority to postpone the election, and whatever else was said is out of my control,” Fitzgerald said.

There was still confusion among party leaders as to whether the campaignin­g ends as election day Saturday begins.

NDP Leader Alison Coffin said it’s her understand­ing — and she stands to be corrected — after a brief conversati­on with Chaulk that campaignin­g continues until all the votes are cast, which would be when the special ballots are due on Feb. 25, because those special ballots are available to everyone, not just to voters in the 18 districts that have had in-person voting suspended.

Liberal Leader Andrew Furey said, in answer to a Telegram question in his briefing Thursday evening, his party is seeking clarity from Chaulk. That clarity did not arrive in time for print deadline.

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