Findings on the Investigation
of Electoral Frauds and Malpractices in 2020
Multi-party Democracy General Election

Analysis of the 2020 Multi-Party Democracy General Election

 The standard of an election is often measured by whether it is held in free and fair manner. But it is not enough just to look at the process on Election Day but also the processes and how the operations were conducted before, during and after the election as described in electoral cycle.

 It was found that the voter list was duplicate and more bloated during pre -election period in 2020 Multi-Party Democracy General Election because there were interference by former Regions/States Chief Ministers who were leaders of NLD party to include NLD party supporters and hardcore in formation of election sub commissions, attempts to make electoral legal annulment which favoured NLD party in respective Hluttaw election laws and rules, and the interferences and pressure by voter list support groups led by former Regions/States Chief Ministers and NLD party appointed ward/village tract administrators.

 It was analyzed that NLD party took advantages of its government authority in the run-up to the 2020 Multi-Party Democracy General Election. During campaign period, NLD party misused its power and COVID-19 regulations and restrictions for its own party’s benefit, the manuscripts by other parties were edited and censored during the broadcast campaign period of political parties on state media, and 4 out of 13 areas of election observation were cut off. NLD party also interfered in drafting process of Code of Conduct for Political Parties and Candidates (CoC), there were instructions which were not in compliance with electoral laws and rules, and the advance voting was conducted unlawfully and not in line with laws and rules.

 It was found that there were failure to address the complaints on electoral offences and malpractices after 2020 Multi-Party Democracy General Election submitted by political parties and candidates, rejection of requests by political parties and candidates, as well as the Tatmataw to solve the voter list issues and also to provide a copy of the voter list, showing disregard for the statement by Tatmadaw on potential fraudulent voters (10,482,116 duplicate voters which is 28.17% of total eligible voters), and failure to take actions on 287 election dispute cases which was much more than the previous elections and were submitted by political parties and candidates, and to take actions on the lawful requests by Tatmadaw, political parties and candidates.

 Although there were statements released by Tatmadaw for the benefit of people to address unlawful issues related to voter list, election campaign, advance voting, voting on Election Day, which happened before, during and after in 2020 Multi-party Democracy General Election either by Pyidaungsu Hluttaw or government or former UEC, there was no actions taken. Similarly, an open letter by chairpersons and deputy chairpersons of 19 political parties including USDP was sent to the former president to take actions on former UEC because of its failure to perform its duties in line with laws and rules but the President did not respond. The request by 203 Pyidaungsu Hluttaw representatives (more than one quarter of total representatives) including Pyithu Hluttaw representative from Pyawbwe township U Thaung Aye to call a Hluttaw special session was rejected. Instead of addressing issues, the former government and NLD party attempted to form the government and call the parliament based on the rigged election results to forcibly seize the State Power.

 When it got closer to Election Day in 2020 Multi-party Democracy General Election, the former UEC announced the postponement of elections in some areas due to security concerns. Elections in 9 townships in Rakhine and 6 townships in Shan where there was less possibility to win by NLD party were postponed but elections in Paletwa township in Chin State where the security conditions were worse, was not cancelled. Although some political parties pointed out the unfair decisions, there was no action or response and it was found that former government and former UEC misused their authority to favor NLD party in order to win election.

 139,331,120 ballot papers were printed which was more than the required amount in 2020 Multi-party Democracy General Election. The ballot papers were printed out 8 times in total and still being printed out until 7.11.2020 which was a day before Election Day. It is advised the ballot papers should be produced systematically and shall not exceed more than required numbers.

 There was unlawful advance voting for the voters at age of 60 and above, giving the reason of COVID-19 outbreak in 2020 Multi-party Democracy General Election, and campaign teams from NLD party joined the collecting process of advance votes. It is recommended to review laws, rules and procedures, and make legal amendments on eligibility of advance voters, the assigned responsible personnel for advance voting process in upcoming elections.

 In 2020 Multi-party Democracy General Election, it was found that people were allowed to vote with voter slips including people who do not have any Citizenship Scrutiny Cards and could not be verified about their citizenship and voter eligibility in accordance with respective laws and rules. It is recommended that only the Citizenship Scrutiny Cards holders shall cast the votes in elections in the future.

 In 2020 Multi-party Democracy General Election, the voter list was compiled by collecting on ground data of all residents in ward/village-tracts and also the data from household lists were added and that is why the list was very bloated and incorrect, the names of the people who do not have Citizenship Scrutiny Cards and cannot be verified as citizens or naturalized citizens, and there was lack of coordination between the government departments. It is recommended to establish proper and clear laws and rules in order to make accurate voter list which is vital in election process.

 It was recommended to have proper and clear laws and rules regarding the election campaign for political parties and candidates since the issues were reported amongst political parties, their supporters and their followers although there were campaign instructions for political parties and candidates in 2020 Multi-party Democracy General Election.

 According to the road map of State Administration Council, the current UEC did inspection of voter list and ballot papers in accordance with the constitution, Union Election Commission law, respective Hluttaw Election Laws in 315 townships where 2020 Multi-party Democracy General Election was held. According to the findings on voter list, the total number of potential fraudulent voters is 11,305,390 and according to the findings on ballot paper inspection, there was 1,424,391 missing ballot papers and 438,850 extra ones. Such missing and extra ballot papers can create the potential for electoral fraud.

 The current UEC released the announcements on finding of inspections on voter list and ballot papers in each township and in each State/Region, announcement on the findings of election process in each State/ Region with proper documentation, facts and figures. Based on the findings, it was found that the election was not free and fair and thus, the result of 2020 Multi-party Democracy General Election was annulled in accordance with the Constitution, Union Election Commission law, and respective Hluttaw Election Laws.

 Union Election Commission will review and analyze the issues which happened before, during and after 2020 Multi-party Democracy General Election and will study electoral legal framework including election system and make changes accordingly and timely in order to conduct the forthcoming Multi-party Democracy General Election successfully and to establish a genuine and disciplined multi-party democracy system