The legal solution that only those votes cast prior to 8pm are valid doesn't align with larger constitutional principles of ensuring that individuals can exercise their right to vote. The validity of whoever is elected by this process can be challenged in court #nlpoli /n https://twitter.com/BAStephenson60/status/1360639089544990720

Extending indefinitely the voting period is problematic from a strictly legal view re the Act. However it is also problematic from a rule of law perspective, how long can an election be deferred? What is the impact of having no Assembly for an undefined period of time?

I keep warming to the idea that there should be a definitive deadline on when votes are to be tallied, when elections staff can safely do so with the understanding that this is an imperfect process but at least there is a process. Expect issues of legitimacy to be raised

From that point there are two paths to address the issues of legitimacy: legally via the courts or politically via political agreement. One can go to courts and contest all 40 districts with a fact dependent outcome where it can be shown there was an improper election.

If a judge determines on a per district basis that there was an improper election, they will declare the election void and that the member who was elected will have to vacate their seat (important!) with a new election held in that district. This could happen 40 times

The political alternative is that political actors could come to an entente that as covid has impacted the ability for voters to exercise their constitutional right to vote there needs to be another immediate election and that whoever is Premier should advise prompt dissolution

Having rapid back to back elections is not unheard of in Newfoundland. The 21st Assembly in 1908 was immediately dissolved due to an inability to select a Speaker. The 35th Assembly sat for 1 day and dissolved in 1972 due to instability

Recall the legal route. The MHAs who are declared elected can take their seats and vote until a court decides otherwise. What is common in both paths is the need to amend the elections act asap to give the CEO the clear powers he needs to conduct a covid election

If changes to the elections act do not occur as the first order of business (the Assembly does not have to open with a throne speech) and new elections in affected districts are ordered by the courts, there is the potential for the current election issues to repeat

Similarly if there is a political entente for a new election via a dissolution request due to concerns about the ability for voters to exercise their constitutional right to vote, the act still needs to be amended. In either case the new act would have clearer rules

What type of rules? Nunavut for example allows the use of telecommunication devices to cast special ballots in an emergency. Other provinces and Canada allow for cabinet, on the advice of the CEO to defer or cancel the vote in certain ridings in an emergency. Multi day voting?

There are no great options available and every path is difficult and certainly requires a sense of empathy that everyone is trying to do the right thing but covid is getting in the way.

These are some of my thoughts on the current situation and I welcome any feedback or alternative paths forward.