Richard Dela Sky, an astute lawyer, has argued that the Electoral Commission’s decision to keep Madam Akua Donkor’s portrait on the 2024 presidential ballot, despite her passing, may be convenient administratively but raises serious constitutional, legal, and democratic issues.

Sky observed that if her death had occurred on election day or within a week of the election, the EC’s position would have been justifiable.

However, he contended that since Akua Donkor passed away more than a month before the election, the EC has ample time to address the issues caused by her untimely passing.

“The architects of our 1992 Constitution, in their wisdom, established a robust framework for electoral administration predicated on fundamental democratic principles.

“While they may not have explicitly addressed every contingency, the constitution’s spirit and underlying democratic ethos strongly suggest that electoral instruments should reflect current, viable choices for the electorate”.
Richard Dela Sky

Dela Sky argued that including a deceased candidate’s portrait on official ballot papers could undermine a fundamental democratic principle.

He noted that it may mislead voters and compromise the authenticity of their choices.

He added that the Commission’s emphasis on logistical and financial efficiency should not override core democratic values.

While cost considerations are relevant, Dela Sky emphasized that they should not take precedence over maintaining an electoral system that upholds integrity and accurately reflects active candidates. “The Commission’s proposal to rely solely on a voter education campaign about Madam Donkor’s passing is insufficient”.

Sky noted that research in behavioral psychology shows that voters may overlook rational considerations and assume that all listed candidates are valid choices.

He also highlighted the issue of sympathy voting, referencing cases in U.S. elections where deceased candidates still received votes.

In a close race, he cautioned, votes cast for a deceased candidate could influence the outcome, potentially leading to litigation. “Voting for a deceased candidate nullifies voters’ influence, undermining confidence in the electoral process”.

Sky Recommends Adjusted Ballots, Voter Education for Fair Election

Furthermore, Richard Dela Sky proposed a balanced solution: reprinting the presidential ballot without the deceased candidate’s portrait while keeping the numerical order of the remaining candidates.

Alternatively, he suggested redacting the deceased candidate’s portrait from existing ballots, also maintaining the original numbering for all other candidates.

Sky emphasized that this should be paired with a robust, targeted voter education campaign to inform the public of the updated ballot.

He argued that this approach would preserve electoral integrity without causing significant delays.

“The possibility (although impossible in the views of many people) of a deceased candidate standing elected President or winning a significant share of votes presents a risk of a constitutional crisis, one that our framers likely never intended.

“Several U.S. candidates have won elections posthumously, including Nick Begich, Hale Boggs, Mel Carnahan, Patsy Mink, and James Rhoades. Despite their deaths, voters showed loyalty, electing them in races where successors were later appointed or elected”.
Richard Dela Sky

Dela Sky noted that these cases illustrate the lasting support for a candidate’s legacy and values and that this could also occur in Ghana. “As such, proactive ballot modification would mitigate this risk and uphold democratic integrity”.

He therefore recommended that the EC reconsider its position in light of constitutional principles and consult stakeholders again to find practical solutions.

Sky also urged the Commission to adjust ballots to reflect only viable choices and to establish protocols for handling future cases of candidate deaths during elections. “In all humility, I submit that the Electoral Commission’s mandate goes beyond administrative ease to protect electoral integrity”.

He argued that keeping a deceased candidate’s portrait on ballots could undermine these democratic principles.

Dela Sky emphasized that the Commission must ensure a democratic process that genuinely serves voters by providing clear and fair choices aligned with constitutional values.

He stated that this commitment not only addresses current needs but also safeguards the foundation of democracy for future generations.