By AVA TURNQUEST

Tribune Staff Reporter

aturnquest@tribunemedia.net

THE DEMOCRATIC National Alliance expects at least two seats will have to be decided in a bye election as advance polling begins today.

Mt Moriah candidate Wayne Munroe yesterday blasted the government for being careless with the nomination process as the party challenged the validity of another Free National Movement candidate.

With just six days left before the general election, the party has released US court documents that they claim prove Central and South Eleuthera candidate Howard Johnson may not be eligible to sit in the House of Assembly on grounds of residency.

According to Mr Munroe, Mr Johnson filed for the dissolution of his marriage in Broward County last year as a resident of the United States.

Mr Johnson's nomination form was dated April 16, 2012, and his US petition for the dissolution of marriage, which declared that he was a Florida resident, was dated August 13, 2011.

According to article 47 (b), persons eligible for membership in the House of Assembly must be at least 21 years old and ordinarily resident in the country for at least one year immediately before the date of nomination.

Mr Munroe said: "If this is correct, one of two things is true, either Mr Johnson has to go to jail in Florida for purgery in this affidavit or else he is not eligible to be elected to parliament here."

He added: "One must wonder what is happening in the election machinery of the FNM, is it that they have nobody else to put forward for South Eleuthera that they have to take this massive gamble of people wasting their votes on Mr Howard Johnson."

Mr Munroe also raised concerns over discrepancies between Mr Johnson's financial declarations on the two documents.

Litigation challenging the nomination of South Beach FNM candidate Monique Gomez was filed last week, according to Mr Munroe, who said the case has not yet been assigned a judge or date.

Ms Gomez came under fire from the DNA after she put the incorrect year on one of the three nomination forms gazetted earlier this month.

Acknowledging that the possibility of a judicial review before the general election was unlikely, Mr Munroe said it was unfortunate that the election process in either constituency would have been wasted.

Mr Munroe said: "This will be a case before the Supreme Court where you would have to have a bye election with all of the expense and inconvenience that will cause, and the expense is to be born of the Bahamian people. Regardless of how the ball bounces on it, the vote for [candidate] would be a waste of your time and potentially involve a waste of public funds."

He added: "It is unfortunate that with a little more care paid over the nomination process we wouldn't be in this situation."

Earlier this year, The Tribune reported that the FNM party was concerned Mr Johnson would not be eligible to sit in the House of Assembly on the grounds of residency.

According to the FNM's website, Mr Johnson is currently on a sabbatical from NOVA Southeastern University where he was pursuing a doctorate degree in conflict analysis and resolution.

Mr Johnson was also employed at the Florida-based university as an associate lecturer, and it is understood that he did not resign from the post until December last year.

Last night, FNM Chairman Carl Bethel dismissed claims as "desperate" attempts to "nit-pick and micromanage issues".

"The fact is the jurisdiction of any court that deals with marriage is based on physical presence in the jurisdiction of the court," he said.

"If you are a student pursuing a course of study you are allowed to maintain residence in The Bahamas."

Mr Bethel said: "Desperate people will try and raise all sorts of desperate issues. We are not going to be distracted by them. We're not going to be distracted from offering to the people the best and the brightest, and Howard Johnson is one of the best and the brightest this country has to offer."