The instructions on advance voting and voting on Election Day, that are not in compliance with respective election laws and rules, issued by the former Union Election Commission are as follows:
(a)
The persons residing in the constituency who are unable to come to the polling station to vote in person are prescribed in details in Section 45 (c)(3) and it also states that ward/village-tract sub commission concerned shall arrange for the persons to vote with advance ballot papers as prescribed. But giving the reason for COVID-19 outbreak, the former UEC issued an instruction on 10.10.2020 allowing the people who are 60 years old and above to cast advance votes from 29.10.2020 until 5.11.2020, and two follow-up instructions on advance voting on 16.10.2020 and 24.10.2020. NLD party campaign teams accompanied the polling teams during advance voting at voters’ houses and it is found that there was unlawful advance voting.
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(b)
The eligible voters who are out of constituency and can cast the advance votes are prescribed under Section 45 of respective Hluttaw election law and Section 54 of respective Hluttaw election rules. According to the respective election rules, persons including students, trainees, detainees, in-patient at the hospital who are out of the constituency and the persons who are abroad with the permission of the Government are eligible to submit form (15) and cast advance vote. The former Union Election Commission issued an announcement on 8.10.20201 regarding to the persons who were not able to return to their respective constituencies due to COVID-19 restrictions and instructions to apply for advance voting by form (15), and the follow-up guidelines for this advance voting was issued on 11.10.2020.2 Because of the instructions issued when it was so close to Election Day, it is found that it created voter list duplication and a mass inclusion of people who do not have Citizenship Scrutiny Cards the voter list and they cast votes.
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(c)
Section 58 (c) of Hluttaw election rules states that the Township Election Sub-commission concerned shall stamp its official seal on the receipt and also on back side of the advance ballot paper, and the name and signature of the authorized person who issues it shall also be on the back of that advance ballot paper. Section 66 (d) of the respective election rules states the types of advance ballot papers and sub-section 2 and 3 state that the advance ballot papers without seal of election sub commission and name and signature of authorized issuer of advance ballot papers shall be considered as invalid. The former UEC issued an instruction on 9.10.2020 that the votes by people who were out of country with the permission by the government to be considered as valid votes even if these ballot papers lacked the seal of respective election commissions, name and signature of authorized persons because it was already coordinated with Ministry of Foreign Affairs to stamp on the back of these ballot papers with official seal of respective embassies, permanent representative offices and counsellor offices, and to have signatures and names of either head of missions or its authorized persons. Moreover, there were so many oversea advance voters and another instruction was issued on 31.10.2020 to count the ballot papers that had the name, signature and seal of other district/township election sub commissions instead of respective township election sub commission and if it was done by any sub commission within same State/Region as valid votes.1There was confusion of valid and invalid votes during counting process on Election Day by township election sub commissions because of these instructions.
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(d)
Section 44 (a) of respective Hluttaw election rules states that advance voter who cast the votes at ward/village- tract sub commission shall mark the ballot paper with stamp and Section 44 (b) of respective Hluttaw election rules states that advance voter who cast the votes at township election sub commission shall make a tick √ on the ballot paper. But when there were too much advance voters when people who are over 60 years old were allowed to cast advance votes giving the reason for COVID-19 outbreak, the former UEC issued an instruction on 30.10.2020. That instruction allowed to count the advance ballot papers, such as the one that had only tick √ instead of stamp, had stains because of the glue which was used to close the ballot paper envelopes, torn ballot papers that were damaged when the authorized persons opened the ballot paper envelopes and the ballot papers in wrong ballot paper envelopes, as valid votes.2 These instructions created the confusion of valid and invalid votes during counting process on Election Day by respective election sub commissions and polling station officers.
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(e)
There was an announcement on 6.11.20203, just two days before Election Day by the former UEC to count the ballot papers which were marked with the stamp had only √ tick without UEC logo as valid voters on which whatever the political parties/ individual was voted for at the polling station on Election Day. That instruction was issued just 2 days before the Election Day and it created confusion of valid and invalid votes during counting process at the polling and it also created voting frauds.
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