• Decided per formula with commodities’/services’ costs factored in, notes EC Chair  
• Responds to Wijeyadasa claiming to file SC FR against EC alleging ‘misinterpretation’ of law
• NDF candidate says he & some others want Rs. 20 as expenditure per voter 

The Election Commission (EC), whilst emphasising that the maximum amount that a candidate can spend per voter in the forthcoming Presidential Election – since gazetted as Rs. 109 following consultations with the Presidential candidates – was decided following a proper formula, stated that anyone who does not agree with their decision is free to challenge it before courts.

The Gazette notification pertaining to the expenditure limits on the Presidential Election was issued earlier this week, setting the permissible spending limit at Rs. 109 per voter, with a total of Rs. 1. 86 billion for the entire voter population.

Accusing the EC of having misinterpreted the Regulation of Election Expenditure Act, No. 3 of 2023 in deciding on the limits on Election related expenditure, National Democratic Front (NDF) Presidential candidate Dr. Wijeyadasa Rajapakshe said that he would challenge the EC's decision before the Supreme Court (SC) by way of a Fundamental Rights (FR) petition.

The Gazette notification pertaining to the expenditure limits on the Presidential Election was issued earlier this week, setting the permissible spending limit at Rs. 109 per voter, with a total of Rs. 1. 86 billion for the entire voter population.

Speaking to the media yesterday (21), Dr. Rajapakshe, who was instrumental in introducing the said Act, said that during the discussion between the EC and the Presidential candidates to discuss the imposition of limits on the election-related expenditure, political parties such as the Samagi Jana Balawegaya, the Sri Lanka Podujana Peramuna, and the National People's Power had requested permission to spend Rs. 200-400 per voter, whereas about 20 Presidential candidates including himself and Oshala Herath of the New Independent Front were of the view that the amount that could be spent per voter should be set at Rs. 20. 

“The EC has fixed it as Rs. 109 per voter. This makes the total amount that can be spent for the entire voter population about Rs. 1.86 billion. The question that arises now is that not every Presidential candidate secures votes equally. One candidate may secure 100,000 votes and others may secure one million or two million votes and so on. If a candidate secures one million votes, he, at the current rate of Rs. 109 per voter, spends about Rs. 2,000 per voter. However, if the per voter expenditure was set at around Rs. 20, every candidate spends about Rs. 200 per candidate irrespective of the number of votes that they secure,” he said. 

Speaking further, Dr. Rajapakshe claimed that the EC clearly misinterpreted the said Act by setting the per voter expenditure at Rs. 109, adding that he would file a FR petition before the SC challenging the EC's decision, and requesting an order directing the EC to set the amount in question at Rs. 20 or so. 

“The expectations of introducing this Act have been reversed by the EC. We made the EC an independent body through the 19th and 21st Amendments to the Constitution. That was to facilitate fair, independent and free Elections, but, it is the EC itself that has now become a barrier to hold fair Elections. We will therefore file cases against them,” he said.

Speaking to The Daily Morning yesterday, EC Chairperson R.M.A.L. Rathnayake said that the relevant sum of Rs. 109 was decided on following a proper formula and considering the current prices of various commodities and services for which candidates have to pay during Election campaigning. 

“The candidates asked for amounts ranging from Cents 50 to Rs. 1,000 per voter during the meeting they had with us. We took into account all those suggestions, and also considered the prices of the things that the candidates have to spend money on during Election campaigning. It was after entering all related information to a proper formula that the sum of Rs. 109 was decided. If someone does not agree to it, they can go before court. There is no issue.”

A Gazette notice was issued by the EC on Monday (19), outlining the maximum amount a Presidential candidate can spend per voter, and the total budget of a candidate’s election campaign. The maximum amount a Presidential candidate can spend per voter registered in the voter list is Rs. 109, while the total budget of a candidate’s Election campaign should not exceed Rs. 1,868,298,586. The EC stated that these limits were set after consulting with all Presidential candidates including those representing recognised political parties, and other political parties, and independent candidates.