• Final payment of 2020 General Election made in Dec. 2021
• Funds for polls are not released at once, done in stages
• Rs. 10 b allocation only for Local Government Elections
• Social media platforms asked about restrictions during ‘silent period’
• Regulations needed for mainstream and other media during elections
• Advanced voting law needed to enhance aspects of postal voting process

Commissioner General of Elections Saman Sri Ratnayake, while noting that the funding for the election and the method of disbursement was satisfactory, pointed out that excessive campaign financing and political social media campaigns could have a negative impact on the election. He explained to The Sunday Morning that the funds for elections were not released all at once but in stages. 

Referring to the new campaign financing legislation that was passed in Parliament last week, Ratnayake questioned the timing of moving the bill. “At this time, an election has been announced and the nomination process is ongoing, so there is no point in trying to enact a Campaign Finance Bill now and trying to delay the election process,” he said.

Following are excerpts of the interview:

The Treasury has indicated that funds for the Local Government Elections were difficult to source and that they can be given on a staggered basis even though Rs. 10 billion has been allocated for the purpose. Is this an acceptable method of receiving funding in stages?

The normal process is that the Budget allocates money for all Government departments and institutions for their annual expenses. Until their functions and operations are complete, the money is gradually disbursed. The funds are not released all at once, they are released in stages. It is the same method for all Government institutions. The last Parliamentary Elections were held in August 2020 but the final payment for conducting the election was received only in December 2021. 

Another matter I want to clarify is that the Election Commission has paid its dues to all departments that work with it, including the Police Department. We reject any allegations that we haven’t paid the Police Department. We have paid all that the Police is due and have paid an additional Rs. 18 million as well. 

Is the Rs. 10 billion allocation via the Budget for the entire year or just for a particular election?

The Rs. 10 billion is only to conduct the Local Government Elections. If any other elections are to be held, then the Parliament will have to allocate additional sums via a supplementary estimate. 

Has the Election Commission identified any potential hotspots where there is a high risk of violence during the Local Government Polls? What security protocols do you plan to put in place to ensure a free and peaceful election?

When it comes to any election, there are identified places in each district that are prone to incidents of election violence in a historical context. Both the Police and the Election Commission will work together to identify these locations and then take the necessary steps to provide security. At present the nomination process has not concluded and as such we don’t know the candidates or parties and where to expect violence. 

There’s still a push to bring in a law on campaign financing and there was a special party leaders’ discussion held in this regard last week. How important is this bill and why do you think there has been such a delay to introduce it? 

This is not the first time that campaign finance bills have been proposed. On two other occasions the Cabinet approved such bills. Since 2016, the Election Commission has been calling for a Campaign Finance Bill, but nowhere have we said that the Campaign Finance Bill has to be introduced for the Local Government Elections. We have always said that such a bill must cover all types of elections that are held in the country.

At this time when an election has been announced and the nomination process is ongoing, there is no point in trying to enact a Campaign Finance Bill trying to delay the election process. We are against that. As to why there has been a delay, the Parliament must answer to that.

Has the Election Commission advised the political parties on responsible spending and accountability from this campaign onwards?

We have already issued a number of circulars, including on the misuse of State resources, campaign activities, media guidelines, and various other guidelines. We have no powers to issue directives to political parties to limit their campaign financing, but we have of course made a request to the political parties to ensure that they try to keep funding of election campaigns to a minimum. We do this at every election. 

Also, considering the fact this is a Local Government Election, a candidate really doesn’t need to spend much on their campaigns because it is ward-based; they only have to canvass votes in their ward, which should not require a lot of money. 

What do you think of the asset and liability declarations of candidates? Is there a role that the Election Commission plays in this?

In the Local Government Elections Act, there are provisions that a candidate must declare their assets and liabilities within three months of the date nominations are called. The majority of parties and candidates submit their assets and liabilities. However, we don’t have a role in this process.

The assets and liabilities are handed over to the returning officer of each electorate, however there is no way to determine if there are irregularities in the assets and liabilities because no one is permitted to view them. The only way to look at them would be through a court order and even then there is no mechanism to investigate the declared assets and liabilities to ascertain if there are indeed irregularities.

If there are provisions in the new Anti-Corruption Bill allowing others to view the declared assets and liabilities, it won’t have an impact on the Local Government Polls, because such provisions have not been included in the Local Government Elections Act. The same goes for the elections as well. All the election acts must be amended to include such provisions. Then comes the need for legal provisions to enable mechanisms to look into the declarations. 

Now that nominations have commenced, how many candidates have declared their assets and liabilities? Shouldn’t it be done from today (18) onwards?

Yes, it is best if candidates can declare their assets at the earliest possible moment. Nominations have only just begun so we have not received a full report on who has declared their assets and liabilities so far, but we will be gradually receiving these reports. 

Even in the last Local Government Polls, the outcomes were attributed to social media impact. The President has said that social media must be regulated. Do you think that laws governing the media and reporting should also cover social media (72 hours of no reporting just before the polls, etc.)? 

Yes, there is an issue when it comes to social media and elections. Social media is now at the tip of everyone’s fingers because of smartphones and so it has a big influence on the decision-making process of an individual, especially during the 72 hours of media silence that is imposed just before the voting. 

The 72-hour media silence is to allow a voter to decide on their candidate without being influenced by election campaigns on traditional media such as the television, radio, and newspapers. With the advent of social media, that 72-hour silence has become almost pointless.

However, trying to control social media is not practical, in my view. In fact, we have spoken with social media platforms such as Facebook and Twitter and requested them to impose restrictions during the 72 hours, but while the companies understood our point and agreed to help, they too were restricted due to the fact that posts need to be reported before they can take any action. 

What we can do is request those who are using social media for campaigning during the 72-hour silent period to at least do positive election campaigns and not ones that tear down other candidates by slinging mud. This is not to say that we advocate it; we are completely against any form of media being used to campaign during the 72-hour silence. Also, those who use social media should be able to discern fact from fiction when they see these posts. 

Do you envisage new laws being introduced?

Yes, not only about social media but traditional media too. We have been calling for regulation of all media during an election for some time now and various Government officials have initially agreed to our requests, only to then forget them. It has become a seasonal thing now; when an election comes around these issues are spoken about and reported on as well, but once the election is over it is all forgotten. 

Have you received any reports to date of use and abuse of State resources, including human resources, for campaign-related activities?

We have set up our Complaints Unit now. We have received a few reports already but not many, because nominations have only just been called and the election campaigning period has not even started. Usually we see instances of abuse of State resources after the nominations have been handed over. For now there have been a few reports of transfers of officials and interviews being called to hire new employees. 

The Complaints Unit at our Head Office plays a monitoring role in this context while the 45 Police divisions have their own units to take action against individuals based on the veracity of the complaints. Ascertaining the veracity of these complaints is crucial because during an election, even genuine transfers and appointments can sometimes be misconstrued as political and a complaint is lodged.

What will the postal voting process be like, particularly for special groups such as the elderly, differently-abled, expats, and migrant workers?

Similar to the campaign finance legislation, we have also been calling for the introduction of an advanced voting legislation to enhance various aspects of the postal voting process.

For example, if you look at the differently-abled groups, we wanted to set up mobile voting booths that can go to the homes of such individuals so that they can cast their vote. Mobile polling booths will also be useful in the case of elderly voters as well, because many are unable to walk. We have already made and submitted proposals in this regard but they won’t be introduced at this election, unfortunately. 

We have also done our best to make the current voting centres and polling booths as disability-friendly as possible within the existing laws, such as looking at accessibility access like installing ramps. One of the most vulnerable groups are those in the deaf community, because they are a segment that is the least educated due to their physical handicap. 

In the Advance Voting Bill we have made requests pertaining to the deaf community, such as having sign language experts and also having a separate day to hold a vote for that community if there are more of them residing in certain areas or districts. 

What about expatriates and migrant workers; what about a system for them to vote from abroad?

There are no legal provisions to do that. The only method of voting is the paper ballot, so something like electronic voting which could be used to allow Sri Lankans living abroad to vote cannot be utilised. We have of course proposed this, even as recently as at the last Parliamentary Select Committee. We have seen e-voting take place in elections in other countries, but we have no way of doing it without legal provisions. The only way for Sri Lankans abroad to vote is to return to Sri Lanka for elections. 

Is there any move to increase representation of politically marginalised groups such as the Veddah community, youth, and women? 

This issue begins during the registration of voters because a lot of those in marginalised groups are not registered, such as gypsies, for example. This is because voting is not mandatory in Sri Lanka and so there is nothing compelling people to become registered. We are, however, pushing our registration officials to create awareness among these groups and have as many registered as possible.

When it comes to political parties fielding candidates from these marginalised groups, the Election Commission has no power to force them to field more such candidates. However, there is nothing stopping the political parties from taking the initiative and going ahead and fielding candidates from marginalised groups to increase representation at all levels of government. That is an integral part of democracy.