The essentials of a free and fair poll

Lakshman I.Keerthisinghe -LLB, LLM.MPhil, Attorney-at-Law

The masses are the material of democracy, but in form – that is to say the laws which express the general reason, justice and utility-can only be rightly shaped by wisdom, which is by no means a universal property

- H.F.Amiel - Journal

An election is a formal decision making process by which a population chooses an individual to hold public office. Since the 17th Century elections have been the usual mechanism by which modern representative democracy has operated Elections may fill offices in the Legislature, sometimes in the Executive and Judiciary, and for regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary associations and corporations.

The question of who may vote is a central issue in elections. The electorate does not generally include the entire population; for example, many countries prohibit those judged mentally incompetent or incapacitated from voting, and all jurisdictions require a minimum age for voting.

The nature of democracy is that elected officials are accountable to the people, and they must return to the voters at prescribed intervals to seek their mandate to continue in office. For that reason most democratic constitutions provide that elections are held at fixed regular intervals.

Non-governmental entities can interfere with elections, through physical force, verbal intimidation, or fraud, which can result in improper casting or counting of votes. Monitoring for and minimizing electoral fraud is also an ongoing task in countries with strong traditions of free and fair elections. Problems that prevent an election from being “free and fair” take various forms:

Lack of open political debate or an informed electorate

The electorate may be poorly informed about issues or candidates due to lack of freedom of the press, lack of objectivity in the press due to state or corporate control, or lack of access to news and political media.

Unfair rules

This can include Gerrymandering, exclusion of opposition candidates from eligibility for office, and manipulating thresholds for electoral success are some of the ways the structure of an election can be changed to favour a specific faction or candidate.

Interference with campaigns

Those in power may arrest or assassinate candidates, suppress or even criminalize campaigning, close campaign headquarters, harass or beat campaign workers, or intimidate voters with violence.

Tampering with the election mechanism

This can include confusing or misleading voters about how to vote, violation of the secret ballot, ballot stuffing, tampering with voting machines, destruction of legitimately cast ballots, voter suppression, voter registration fraud, failure to validate voter residency, fraudulent tabulation of results, and use of physical force or verbal intimation at polling places.

Equally this list is only some of the ways in which it can occur, other examples may include persuading candidates into not standing against them. Some examples include: blackmailing, bribery, intimidation or physical violence. (Wikepedia)

CommonBorders Web Site recently commenting on free and fair elections stated thus:

‘A Free electoral process is one where fundamental human rights and freedoms are recognized including:

* freedom of speech and expression by electors, parties, candidates and the media;

* freedom of association; that is, freedom to form organizations such as political parties and NGOs;

* freedom of assembly, to hold political rallies and to campaign;

* freedom of access to and by electors to transmit and receive political and electoral information messages;

* freedom to register as an elector, a party or a candidate;

* freedom from violence, intimidation or coercion;

* freedom of access to the polls by electors, party agents and accredited observers;

* freedom to exercise the franchise in secret, and

* freedom to question, challenge and register complaints or objections without negative repercussions.

A fair electoral process is one where the ‘playing field is reasonably level and accessible to all electors, parties and candidates and include:

* an independent, non-partisan electoral organization to administer the process;

* guaranteed rights and protection through the constitution and electoral legislation and regulations;

* equitable representation of electors provided through the legislation; clearly defined universal suffrage and secrecy of the vote;

* equitable and balanced reporting by the media;

* equitable access to financial and material resources for party and candidate campaigning;

* equitable opportunities for the electorate to receive political and voter information;

* accessible polling places;

* equitable treatment of electors, candidates and parties by elections officials, the government, the police, the military and the judiciary;

* an open and transparent ballot counting process, and

* election process not disrupted by violence, intimidation or coercion.’

The Inter Parliamentary Union (IPU) has also issued a comprehensive report on Free and Fair Elections.

In recent times in Sri Lanka there have been many prominent politicians in the Opposition parties who have been openly advocating the merits of free and fair elections but unfortunately these are the very same persons who resort to violence, intimidation and impersonation to achieve their own ends when elections are held. The question is whether they are able to practice what they preach.

For instance if one were to imagine a situation at which at a recent election held to elect office-bearers in a prominent association in Sri Lanka one of these prominent opposition politicians was conducting the election as the pro-tem chairman. When persons distributing the lists of names of some candidates were assaulted in spite of the presence of the Police the said person refused to take action. In the same manner when strangers with membership cards of members who are abroad started to impersonate and the matter was reported no action was taken to prevent such electoral fraud.

There are persons who act in self interest who fail to act in such circumstances in view of the perks they could obtain by the victory of the candidate who uses such fraudulent means to come to office. Finally the opposing candidate and his team left the premises of the association in disgust and the stuffing of the ballot boxes commenced immediately afterwards. When the result was announce it was found that the number of votes in the ballot boxes far exceeded the number of members registered as having voted. In spite of the said discrepancy the candidate who perpetrated the fraud was declared elected with a thumping majority. So much for free and fair elections chaired by a vociferous champion of such a noble concept.

As the Northern Provincial Council elections are to be held shortly it is in the interests of democracy and the rule of law that similar occurrences such as the above-mentioned malpractices are not permitted to occur. It is a disgrace to come to power using such degrading tactics as when people become aware of such instances the politicians who use such tactics would not earn the respect of the public at large as it has been often said that one cannot demand respect but with one’s own exemplary conduct one has to command respect that comes from within the hearts of human beings.

A fraudster who comes to power even in a voluntary association will be despised by the members as well as the staff of such associations, who may remain silent due to the perks they receive or through the fear of reprisals. As there is a saying that love of money is the root of all evil such fraudsters are targeting the funds of such associations for their own comfort.

It is time that all Sri Lankans should learn to realize the value of free and fair elections as persons who come to power through such noble means would earn the respect of the people forever.