26th December 1999

Counteracting rigging and malpractices

Election malpractices have been practiced and perfected in Paradise land once again. But does it need to continue into the 21st century. Each time an election is held, in its wake a vociferous debate follows as to whether it was free and fair. Yet over the years nothing has been done to change this system.

Looking at the elections in the past it is evident that even the existing laws and regulations are not being fully enforced to ensure democracy. Even as polling agents sit in the polling booths, the parties cry foul. What then are the polling agents achieving ?

And the main point is 'Can we not do better than this ?' The Sunday Times spoke to a cross section of persons involved in the conducting of elections to see where exactly the Sri Lankan system fails and if an improvement can be brought about.

Mass scale rigging is reported from most parts of the island and even the postal votes are alleged to have been rigged but soon the dust will settle over this election and all the rumpus made by local and foreign monitors, opposition parties and the public will become history.

Though people said they would go early to cast their vote in order to avoid rigging, it seems that it was still not sufficient to curb the corruption.

Although many methods are employed to use another's vote, impersonation appears to be one of the most common methods adopted.

This includes intimidating and threatening the innocent voters into giving up their democratic right. Sometimes a "chandi malli" of the area, standing at the entrance to the booth, will make many think twice about defending their vote. At this point it becomes a choice between ballot and bullet.

Another method employed is a 'party man' with a list of voters of the area who coaxes the ballot paper off the less strong. They bribe or scare the voters into coming out with their ballot papers in an unobtrusive manner, most often by putting into the ballot box a substitute piece of paper given to them.

Of course the matter is simplified in the case of those persons overseas or dead, as their poll card can be grabbed off and cast. Threatening householders to keep away from the polling booths is another tactic adopted to ensure a candidate's victory.

The violence at last week's presidential elections was minimal compared to the previous provincial council polls because it seems the parties concerned had adopted a more systematic strategy, where the rigging commences just before the closing time or the ballot boxes are stuffed before the commencement of elections.

This time, instead of having pre-election violence, the parties used their tactics effectively on election day as they were under the impression that this would create a greater impact, monitors say.

Monitors complained that elections were over even before the polling booths opened in some areas. And ballot boxes were already open prior to elections officials coming to open them.

A polling booth off Gampola, burnt a few days before the 21st had been relocated in an area that voters found difficult to approach. People who were going to the polling booth had been mugged on their way and their polling cards grabbed, the Centre for Monitoring Election Violence (CMEV) reported.

While election day violence is a hot topic among many, the fairness in postal voting was also raised. Some doubted whether the Postal Votes were rigged.

However, officials in charge of postal voting say there is no chance of rigging postal votes because the voter seals the envelope containing the ballot and sends it to the GA who is the Returning Officer. The Returning Officer encloses this envelope in another, seals it and sends it on to the Elections Department.

The ballot paper is sent two weeks prior to the election. In the event that a voter does not receive the ballot paper on time, they have been advised to take their National Identity Card and go to the post office.

This brings us to the million dollar question as to why the National Identity Card (NIC), which is required to enter a state building, is not used at the elections for the purpose of verifying the authenticity of the voter.

If voters do not posses an NIC, why isn't the Government and the Elections Department looking into the possibility of using some other form of recognised ID. The postal ID is another option, since it is used to sit for national exams.

Even many officials from the Elections Department believe that the use of NICs in the election would be the best option to prevent impersonation. But they say, since it is not yet legalised it cannot be insisted upon.

The Commissioner and Deputy Commissioner of the Registration of Persons Department were not available for comment while the others in the department refused to speak on the subject..

Former Minister of Constitutional Affairs K.N. Choksy expressed a strong desire to implement a new constitution, to prevent election malpractice. He also stated that we should do away with the preference vote as this leads to much abuse and improper election practice.

The need of the hour is for a water tight method of preventing the duplication of poll cards for persons who have changed their names or residences, or to stop the issuing of poll cards to persons who died after the last election.

Even though it is required to cancel the vote of the deceased, it doesn't seem to be happening in practice. Mihindu Ratnayake, Registrar General of Births, Deaths and Marriages said that the list of dead persons is issued only at the request of the Elections Department.

Although the Elections Department failed to obtain this list for the recently concluded Presidential election, a list was submitted on request at the last provincial council elections, he said.

It is alleged that the Elections Department did not check the voter list despite appeals made by most of the Presidential candidates, to ensure that dead persons votes are not utilised.

However, the Elections Department is quite sure that it has been very careful that no "dead persons" voted at this presidential election. An official of the Elections Department said that the Grama Niladharis informed them of all persons who had died after the electoral list was compiled, and in front of their names a 'D' was marked.

If anyone comes claiming that they are alive, these persons are made to fill out a form which will prove that they are the very same person marked 'D' in the list and will thus gain eligibility to vote.

The recent uproar concerning the printing of 100,000 fresh ballot papers on the pretext that a similar number were 'spoilt ballot papers' and had to be replaced. The Sunday Times reported this last week where the Government printer, Neville Nanayakkara confirmed that he had received written instructions from the acting Elections Commissioner, D. M. P. B. Dassanayake to release fresh ballot papers though the alleged spoilt ballot papers had not been returned to him.

Mr. Nanayakkara also said that it was not possible to duplicate ballot papers as they are manufactured using a special 'security paper' under the supervision of a British firm which he refused to name. This ballot paper also consists of a water mark, which makes it virtually impossible to be duplicated.

The question is since the counting of votes commences at night, is it possible for the counting officers to actually verify these marks? Is it also practical for them to do this time consuming task. If the politicians of this country would not interfere but just let the people concerned do their job, issues of this nature will not a rise.

Even if we can afford it, do the politicians want to look for fool proof methods like bar code checking devices, which will ensure that a person votes only once. Once elections are over it is common to see all candidates up-in-arms over the results, but yet none of them come up with practical suggestions to avoid rigging.

Is it possible for the public to curb the malpractice that takes place at polling booths or are the politicians turning a blind eye for their convenience, but talking about it when they lose ?

Though some voters make unanimous calls to polls monitors and the police about malpractices taking place, none are prepared to come out collectively and voice their anger against the corruption for fear of losing their lives, others simply ignore the incidents.

Moreover, why is it that election malpractices appear to be particular to this part of the world. How is it that developed countries have systems that are naturally smooth functioning.

In the UK when the voting is finished the boxes are sealed with wax ( to prevent them being opened). If the wax has been broken or the Returning Officer in the constituency is not happy, all the votes are invalidated and the election may have to be retaken.

The arguments against this is that hackers could potentially alter the result without any physical evidence of alteration, Francis Anderson, a resident of the United Kingdon said.

A few years back the then Chief Elections Commissioner of India, T.N. Seshan had introduced a multi purpose identity card for voting mainly to prevent rigging, but which also can be used for other purposes as well.

Outright rigging like mass rigging and booth capturing are noticed by the Elections Commission of India through the official reports sent by the returning officers (usually IAS officers) of the constituencies. Accordingly the Commission will order re-polling in those areas where there was some form of violence, mass rigging or similar malpractices. But in Sri Lanka even when boxes are identified to have been stuffed, the measures taken are to remove those ballot papers the elections officers believe are the ones "stuffed".

In extreme circumstances in states like Bihar they postpone elections for those particular sensitive booths to some convenient date so that they can bring in more paramilitary forces, said Mahesh, an Indian.

In the US, the system is completely computerised. Under each candidates name, there is a leaver which you pull and it registers the vote for that person.

The polls monitors in Sri Lanka, state that the election just concluded, had many incidents and feel that much more can be done to counteract rigging at elections.

The question is why are the party supporters not adhereing to the mechanisms available to them to avoid rigging. Each party is allowed to nominate a person recognised from the area to be present at the polling booth, but why is this system not being adopted by the concerned parties.

The people are coming up with suggestions to improve the system, but they are doing it in their own pessimistic way, knowing full well that the ideas will not be adopted.

A voter from Mt. Lavinia had witnessed different clothing accessories inside Government vehicles parked in close proximity to the polling stations . The riggers had also been provided transport to the polling booth and the trishaw drivers had been paid Rs, 1000 for this purpose.

She suggested that the Government and the Opposition work out a strategy whereby they will introduce a mechanism where the Government resources would not be abused. "The incumbent Government is at a distinctive advantage and therefore a large scale of rigging is carried out by the state," she said.

Another popular demand is that Identity Cards be made a "Must" at polling booths.

Meanwhile, election monitors feel that putting out reports at the end of elections does not add up to much. The government is unresponsive to results released by monitors and the opposition parties are incapable of developing their own skills to prevent the other parties resorting to rigging. Election monitors' claims of mass scale rigging, was dismissed by Returning Officers who are Government Agents and District Secretaries who were unanimous in their pronouncement, that they did not receive any official complaints.

Ampara District GA, A. H. Wickremaratne, said that there was no chance of any malpractice taking place in the counting centre, as five representatives are allowed from each party. These representatives are given an orientation programme to ensure that they are aware of proper conduct, he added. However, political parties remained dissatisfied with the system in practice. The main cry was for an independent body to be in charge of elections. UNP General Secretary, Gamini Atukorale said that an Independent Elections Commission was the best solution to ensure free and fair poll.

The Special Report

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