Many unlawful errors were found in Multi-party Democracy General Election which was held nationwide on 8th November 2020 as following:
(a) | The former Union Election Commission (UEC) appointed those who the former Region/State Chief Ministers favoured as chairpersons and members of the election sub-commissions. | ||||||
(b) | Under the directives of the Union Government Office, a support group was formed and led by the former Region/State Chief Ministers to complete the voter lists and due to the group, there were voters duplicate twice, or more than three times in the voter list. | ||||||
(c) | When the population list was collected in order to compile voter list, ward/village tract administrators led the population list data collection groups. It was found that there were ward/village-tract administrators who were appointed by NLD party/ government and they worked together with NLD party campaign teams when the voter list was being collected. During the process, they did not check whether the people actually lived in respective ward/village tract or not, had Citizenship Scrutiny Cards or not, and met eligible criteria as prescribed in respective Hluttaw Laws or not, but they did try to add people who did not have Citizenship Scrutiny Cards and/or hold Citizenship Scrutiny Cards into voter list and there was mass inclusion of duplicate voters who were included twice or more than three times. Although Section 15 (c) of Chapter 6 of the relevant Hluttaw Election Law states that “Whoever has the right to vote in any constituency shall not be included in the voting roll of any constituency other than that of the constituency concerned at the same time”, NLD supporters have ignored the existing laws and worked only for the victory of NLD party. According to Section 19 (b) of the relevant Hluttaw Election Law, “the names not eligible are included in the voting roll, delete such names from the voting roll”, but the names were not deleted and still added in the voter list. | ||||||
(d) | After the former UEC issued an announcement which allowed the voters who are 60 years and above cast advance votes starting from 29.10.2020 and after that, in some places, NLD party campaign teams joined when the advance votes were collected at voters’ houses and it caused unlawful voting. On 8.10.2020 and 11.10.2020, the former UEC issued the instruction that allowed the people, who were unable to return to their respective constituencies due to health restrictions related to COVID-19, to cast the advance votes. Because of these instructions, there was mass inclusion of people who do not have Citizenship Scrutiny Card, and also people who hold the same Citizenship Scrutiny Cards were added to voter list and were allowed to cast the votes twice or more than three times. | ||||||
(e) | As the former UEC issued the instruction on 19.8.2020 allowing the voters who do not have Citizenship Scrutiny Cards at polling stations and also allowed people who only had voter slips. The people who do not have Citizenship Scrutiny Cards were allowed to cast the votes and also people who hold the same Citizenship Scrutiny Cards could cast votes twice and more than three times which were against the existing laws and was the violation of the provisions of Section 59 of the respective Hluttaw Election Law. The former UEC issued the instruction to consider ballot papers which were stamped with only (√) sign without UEC logo at polling station on Election Day as valid votes. It made confusion during counting process and it was found that the results were not correct and fair. | ||||||
(f) | During election campaign period, advance voting period and on Election Day in 2020, it was found that candidates and campaign teams from NLD party breached respective Hluttaw Law, Rules, Orders, Directives, COVID-19 prevention and control related instructions and local instructions. It was also found that the former UEC did not perform well as an independent institution and since it was controlled and interfered by winning NLD party, the electoral process and operations were not conducted and overseen in line with electoral laws and rules. | ||||||
(g) | Duplication of voter list provides opportunity to do voting frauds and legal actions are being taken on those who cast the votes more than once after their names being included in voter list twice or thrice. Voting twice or thrice can happen in following conditions and it is being inspected based on the evidence by looking at respective Form No. (1).
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According to the findings of inspections of voter list and voting conditions in 315 townships where 2020 Multi-party Democracy General Election was held on 8th November 2020, NLD party misused administrative power and the COVID-19 regulations and restrictions in electoral activities, including the campaigning of other political parties and Hluttaw candidates, and tried to grab State Power unlawfully.