Press Release from the President Louis-Constant FLEMING
As it pertains to the rule of law and of jurisprudence in the matter of ineligibility
As everyone knows, the National Commission of Campaign Accounts and of Political Financing (CNCCFP) rejected my campaign accounts for the motive that a dedicated bank account had not been opened by my financial manager. This while acknowledging that all of the expenditures, financed by my own funds, were justified and that they were inferior to the legislated ceiling.
As the law provides for in such a case, the Commission seized the Council of State and, in its meeting of last July 9, the Council heard the conclusions of the governmentâ??s commissar (calling for my ineligibility) and placed its final decision into deliberation.
The decision of the Council of State is expected within the upcoming days (or the weeks). If this decision is in conformity with the conclusions of that of the governmentâ??s commissar, there would be the double consequences of putting a term to my territorial mandate and making me ineligible, for a one year period, of the functions of territorial councillor for Saint-Martin.
However, a certain number of commentaries have been advancing the notion that this ineligibility, if it were pronounced, would also prohibit to me from postulating my candidacy to the senatorial elections of September 21st. I have recently just announced my decision to run during my press conference of July 7th.
These commentaries, obviously from those who are badly informed, sow disorder and confusion in the minds of the population and demand a reminder and clarification of the legal provisions that apply.
The provisions in the decision of the Council of State mentions an "ineligibility with the functions (or the mandate) of territorial councillor of Saint Martin " nothing less, nothing more. The combined provisions of the electoral code and the jurisprudence of the Council of State (92-Corsican, 93-Meeting, 99-Polynesia) are without possible question in this respect.
The correct question to pose is the following: what conditions must a citizen imperatively fill in order to be able to present their candidature and be eligible for the senatorial elections of September 21st?
The answer is clear and precise:
– They must be a registered voter on Saint-Martin , which no one can dispute in my case.
– They must be 30 years or older, which no one can call into question as it relates to me;
– They must be in full possession of their civil and political rights, which is still perfectly established, except naturally if the opposite can be proven;
– They can not be subject to any measurement of ineligibility of general character or in particular as it pertains to the mandate of senator.
However, if the Council of State were to make a decision of ineligibility, on the one hand this would not be of a general order; and on the other hand the Council in its recommendations have proposed to declare me ineligible for the one mandate, that of territorial Councillor of Saint-Martin.
No matter what occurs at the level of the Council of State, I fufill today and I will fulfil tomorrow all the requirements that allow me to postulate for the senatorial elections of September 21, 2008.
Anyone who sustains an opinion to the contrary opens themselves to questions about their credibility.
Louis-Constant FLEMING