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

Findings on interference in the election process and electoral frauds

 It was found that the electoral frauds occurred due to the interferences of Pyithu Hluttaw representatives from NLD party and some administrative authorities in the election process. The respective Township Election Sub-Commission rejected to include some migrant workers and jade mining workers in Phakant who submitted Form 3-A because these workers had incomplete documentation and could not provide their serial numbers in voter list in their places of origin. But U Tint Soe who was member of Pyithu Hluttaw representing Phakant township from NLD party and candidate of constituency No.1 of State Hluttaw insisted to include these migrant workers into voter list. When the township election sub commission responded that it was not possible to add these migrant workers without complete documentation and voter list serial number from their place of origin, U Tint Soe threatened that he would complaint to Union Election Commission by phone. Later the former UEC relaxed the restriction to include the people who could show Citizenships Scrutiny Cards in voter list and it was found that some workers who had the CSCs were added to voter list. [1]

 Due to COVID-19 outbreak at that time, Phakant township was listed in Stay at Home areas. But on 26.10.2020, U Tint Soe who was member of Pyithu Hluttaw representing Phakant township from NLD party and candidate of constituency No.1 of State Hluttaw met with voters and local community at the house of U Nawli who was NLD party coordinator of Kahtayan village tract. On 27.10.2020 U Tint Soe, who was member of Pyithu Hluttaw representing Phakant township and candidate of constituency No.1 of State Hluttaw, and U Aung Hein Min who was NLD party candidate for Pyithu Hluttaw did campaign at the house of administrator of Nantsieaung village tract under the name of regional development activity. These activities were reported and complained as violations of Stay at Home restrictions and after investigation of the reports, it was found that they violated the restrictions and U Tint Soe, U Aung Hein Min, NLD party chairpersons and secretaries had to sign the pledges accordingly. [2]

 Although it was allowed to do campaign in accordance with COVID-19 standard operation procedures when Dr. Daw Khin Ma Gyi, No. (6) Amyotha Hluttaw Constituency candidate and other NLD party Hluttaw candidates requested for election campaign in Moekaung township, the written warning was issued to them because the campaign team had more than 50 people ( party followers were not counted there yet ) which was beyond the limited number in SoP. [3]

 U Nay Win,the former Minister of Social Affairs in Kachin and a member of NLD party visited Tarlawgyi Village-Tract, Myitkyina Township and supported the financial assistance on behalf of the Government. U Aung San Htoo, a village-tract administrator, made his remarks which included “such financial assistance is only provided by NLD party and people should cast the vote for NLD party in return.” Therefore, he canvassed for the votes when he was not allowed to do so as a village-tract administrator. [4]

 It was found that U Nay Win, the former Minister of Social Affairs in Kachin and a member of NLD party forcibly give instruction to chairperson of Laekhone ward election Sub-Commission in Myitkyina Township to add the migrant workers who did not meet the requirement of 90 Days residency and did not have Citizenship Scrutiny Card in the voter list. When the chairperson of sub commission did not follow his instruction, the former minister forced U Than Win, Myitkyina Township Administrator to replace the chairperson of Laekhone ward election sub-commission.

 U Nay Win, the former Minister of Social Affairs in Kachin and a member of NLD party through Rampu ward administrator U Mg Mg who is a member of NLD party threatened U Han Zin Oo, a clerk of ward administration office to add the persons who did not meet the voter eligibility in the voter list. Thus, U Han Zin Oo, added those persons to voter list illegally as supplementary voter list both manually and computerized. He also stole the ballot papers from township election sub-commission to use for the voters added supplementary voter list. [5]

 NLD party campaign teams in Sankar village-tract in Wine Maw Township forced the banana plantation farm owners to submit form 3-A for their workers to include in the voter list, threatened the village tract administrator, and forced Village-tract Election Sub-commission to allow the proxy application for mass inclusion of voters. [6]

 The migrant workers who were temporarily living in Minekhonpaukwa at Minekhon village-tract in Ta Naing Township which could not be ruled by the respective administrator for the security concern were convinced by NLD party to submit the Form (3-A). When a representative submitted forms for these 40 workers, village tract administrator refused to provide recommendations since he could not identify them and they were out of his administrative control. Later U Lin Lin Oo, Member of Pyithu Hluttaw representing Ta Naing township who is from NLD party interfered and gave instructions to Ta Naing township election sub commission to include them as they were citizens who met voter eligibility and they should not lose their rights to vote. [7]

 Dr. Zaw Jap, Amyothar Hluttaw candidate in Ingyanyan helped in adding 133 voters from 17 households into the household list Form (10) of his friends’ families in Ingyanyan, and then requested to include these people into voter list by Form (3) and Form (4-B). U La Mar Naw Aung, a candidate of Kachin State People Party also helped in adding 162 voters from 29 households in Myitkyinar township into the household list Form (10) of his friends’ families in Ingyanyan and then requested again to include these people into voter list by Form (3) and Form (4-B). Local people who were residing in Ingyanyan complained to Township Election Sub-commission and submitted the petition with their signatures. These Forms (3) were revoked because the township election sub commission did not accept to add them in the voter list because they were not actually residing there and there were complaints by local people. Unfortunately, the voters whose names were removed from their household lists (form 10) in Myitkyina also lost their voting rights since their names could not be added in the voter list due to time constraints. [8]

 According to Instruction Letter No. 7/464- General /APhaYa (2020) dated 4.8.2020 by the Union Government Office, Kayah State Government formed voter list support group on 5.8.2020 which was led by State Chief Minister and it was found that there were population duplication and voters were included twice or three times and above in voter list because of these support groups. Since the group gave instruction and the additional lists were sent by township administration office, township election sub commission had to add them in the voter list. These additional people were not thoroughly scrutinized by ward/village tract administration level and people who were already included in the voter list were added again and that is why the voter list was more bloated and duplicative. [9]

 Speaker of Kayin State Hluttaw U Saw Chit Khin sent a letter to the former UEC, by misusing the power of State Hluttaw, requesting to postpone the elections in 7 village-tracts in Hlaingbwe Township. It indicates the interference and influence of State Hluttaw on the duties and authorities of UEC and misuse of State Hluttaw authority for political purpose. [10]

 A leader of the NLD party campaign team in Hpa-pun Township, U Nyi Nyi Kyaw asked Karen State Election Sub-commission to add 54 voters from Hpa-pun Township in the voter list and Daw Nyein Nyein Aung, a coordinator of campaign team in Hpa- An Township asked former Chairman of Union Election Commission to add 775 voters from Hlaingbwe Township in the voter list. [11]

 After scrutinizing 471 people who were objected for including in the voter list, Ministry of Immigration and Human Resources of Kayin State responded that these people had Citizenship Scrutiny Cards, Temporary Certificates, NVC numbers, and did not have any cards were of Indian descent and they were neither foreigners nor had foreign citizenship and to take further actions accordingly. The respective election sub commission had to add 158 people who were included and voted in 2015 General Elections in the voter list and removed 313 people from the voter list since they were not in compliance with respective election laws and rules. [12]

 Nan Khin Htwe Myint, a former Kayin State Minister met with the secretary of State Election Sub-commission and gave instruction to add NLD party supporters who were mixed blooded people and did not have any CSCs in the voter list. She threatened him that she would submit the complaints on township and ward/village tract election sub commissions to Human Rights Commission after the election if they did not follow her instruction. The respective election commissions had to report back that they would add these people who did not meet the voter eligibility in the voter list. [13]

 Although Kayin State Election sub-commission asked for guidance from the former UEC to use the indelible ink to mark the fingers of voters during advance voting in order to protect the voting frauds and from voting by same people more than once, the former UEC did not allow to use the indelible ink. [14]

 It was found that there were malpractices in 2020 General Election such as the members of NLD party in Kayin State using the election campaign vehicles with NLD flags and logos, and played NLD campaign songs within 50 yards from the advance polling station on 5.11.2020. They also illegally sealed and locked the advance ballot boxes, convinced the voters to vote for NLD during advance voting and stamped the ballot papers on behalf of the voters. [15]

 There were also complaints reported because U Saw Yhar Phaung Ayr, a candidate representing Amyothar Hluttaw No. (3) Constituency in Kayin State, gave 5000 Kyat to each NLD party supporter during the NLD’s campaign in Kyain Seik Gyi Township in Kayin State. [16]

 The former Thaninthayi government and NLD party interfered in formation of election sub commissions in order to include their party hard cores. The names of additional voters were filled in form (1) voter list and they were allowed to cast votes during advance voting and on Election Day. Some NLD party supporter also gathered near advance voting areas during advance voting for the people who are over 60 years old in order to put pressure on election sub commission and voters. Other malpractices were found in some places e.g pieces of paper which had NLD party logo were put inside the masks which were distributed at polling stations and it was an attempt to canvass for voting for NLD party. Election campaigns were conducted even on the day for advance votes, under the name of “party supporters” without following the election campaign instructions. By misusing his power, Deputy Speaker of Region Hluttaw who was also candidate at that time went inside the ward/village tract election sub commission office during advance voting and gave instructions to his party members to check and watch advance voting process carefully. The interference in voting process and committing unlawful activities were found and it included re-arranging to cast votes again after the wrong ballot papers for advance voting were issued. [17]

 It was found that the former Chief Minister of Bago Region, U Win Thein told Region Election Sub Commission that his followers would cast votes on behalf of the voters who could not come back from foreign countries in his constituency. After second Voter List Display, Pyithu Hluttaw candidate Dr. Daw Shwe Pon from NLD party also contacted Bago district election sub commission to add the migrant workers in rubber plantation field in Wahmaram village in the voter list, and she said she would send her NLD campaign coordinator and respective ward administer with forms (3) and she already informed the former UEC on phone. On 1.11.2020, Wahmaram village tract administrator U Chit Shwe, chairperson of village tract election sub commission U Kyaw Aung and NLD ward/village coordinator came together with forms (3) (780 forms in total) and said they were given by NLD candidate Dr. Daw Shwe Pon to add them in the voter list. According to respective Hluttaw Election laws and rules, only the district election sub commission could include the mass voters after verification if it was found that there were groups of people who were left out 7 days before the Election Day. However, the former UEC member, who was assigned as in charge of Bago Region, U Htun Khin gave orders to add these people in the voter list and he would take responsibilities. NLD party candidate for Karen ethnic seat Daw Naw Pwe Sae contacted Bago district election sub commission and said over phone that the number of ethnic voters became less than before in Shwe Kyin township and she asked to include 70 people who were in the list of ethnic voters in 2015 General Election. [18]

 It is found that former Bago Region Chief Minister U Win Thein and Hluttaw representatives from NLD party did election malpractices by giving instructions to region, district and township election sub commissions and they interfered in election operations such as formation of election sub commissions, election campaign, advance voting and voting on Election Day. [19]

 In Gyobingauk township, when the ballot papers from No.1 polling station of Sitgone (1) village tract for Kayin ethnic constituency were counted, it was found that 73 ballot papers (valid votes) which were from 2015 General Elections were mixed and included in the valid votes of candidate Daw Naw Pwe Sae representing NLD party. [20]

 It was found that 9 unused ballot books did not have the serial numbers in Thaekone Township.

 It was found that the advance ballot papers for Pyithu Hluttaw that had the candidates’ names from Magway township such as Daw Tin Moe Khaing (Union Betterment Party), U Myint Oo (National League for Democracy), U Win Ko Ko (The People’s Pioneer Party), U Than Htwe (National Unity Party), U Aung San Oo (United Democracy Party), and U Aung Thein Kyaw (Union Solidarity and Development Party) for Magway Township Pyithu Hluttaw were mistakenly issued on 26.10.2020, 27.10.2020 and 28.10.2020 by Yayzagyo township election sub commission instead of the ballot papers for Pyithu Hluttaw of Yayzagyo Township which had the candidates’ names such as U Kyaw Naing Oo (Union Betterment Party), U Chan Min (Union Solidarity and Development Party), Tha Re Si Thu U Soe Maung (Democracy Party of National Politics), U Tin Aung (The People’s Pioneer Party), U Paik Htay (United Democracy Party), U Lwin Myint Oo (National League for Democracy) and U Aung Myint Kyi (National Unity Party). [21]

 The wrongly issued advance ballot papers with the names of candidates from Magway township were distributed to polling stations in 7 village tracts such as polling station No.5 in Waya village tract, polling station No.1 in Gwaygone village tract, polling station No.3 in Pahnyin village in Paykone village tract, polling station No.1 in Maukkalan village tract and polling station No. 2 in Khin Mon(aka) Khway Hmyote village tract on 31.10.2020, polling station No-1 in Khin Mon(aka)Khway Hmyote Village-tract on 1.11.2020, polling station No.2 in Myaphyu Monhnyin village tract on 2.11.2020, polling station No.3 in MaU Aukseik village tract on 3.11.2020 respectively. Township election sub commission found out that 278 ballot papers were mistakenly issued and 667 ballot papers were already cast, 945 in total so the election sub commission kept 945 ballot papers and 5 unused ballot papers at government treasury in Yayzagyo Myoma police compound. 950 ballot papers (19 ballot books) were issued to replace the mistaken ones for not losing voting rights of these 945 voters. Later the unused ballot books which were kept at government treasury in Yayzagyo Myoma police compound were brought to township administration office and these 10870 ballot books for Amyotha Hluttaw, Pyithu Hluttaw and State/Region Hluttaw and 49 ballot papers for ethnic seat were inspected by township election sub commission, respective departmental personnel and staff from education department, clerks from ward/village tract administration offices. 2050 ballot papers (41 ballot books) that had the candidate names from Magway township instead of the names from Yayzagyo township were found and then they were sealed and kept at government treasury in Yayzagyo Myoma police compound. During the inspection by current UEC, these 2050 ballot papers (41 ballot books) were checked again. [22]

 When the five sealed bags which contained the ballot books were opened and inspected, it was found that these bags were sealed and attached with label which had NLD logo, and it was found out to be voting fraud since these ballot papers were likely sent from the NLD office. [23]

 Based on the report on voter list in Pyin Oo Lwin township by Mandalay Region NLD party and request by former Speaker of Mandalay Region Parliament U Aung Kyaw Oo, a letter signed by former chief minister of Mandalay Region and Minister of Immigration and Population was sent to Mandalay Region Election Sub Commission informing the sub commission to carry out the measures to include the voters who were not included in voter list yet in some villages in Amarapura township. It was against Hluttaw Election Laws and rules and it was found out as misuse of administrative power. [24]

 The former Chief Minister of Mandalay Region instructed the Region Election Sub Commission to take actions on the report submitted by the South-East Asia Gas Pipeline Company Limited (Great Ocean Branch) and South East Asia Crude Oil Pipeline Company Limited (Great Ocean Branch) in order to allow Myanmar employees from their companies to cast advance votes and it indicates the interference by local authority on advance voting process. [25]

 It is found that Mandalay Region Government interfered the election process by giving instructions to the Region Election Sub Commission and respective district and township mediation committees on election campaign of NLD party and Hluttaw Candidates, mediation, process, advance voting and voting on Election Day. [26]

 Daw Moe Myat Thuzar, a Junior Assistant Teacher-JAT from Yaydwingone village tract in Mawlamyine Kyune township, who was assigned as polling station staff cast the votes twice, both in Maetaline village tract where her parents live and in Siepwachaung village tract where her husband lives. Her case was filed and taken actions according to Section 59 (g) of respective Hluttaw Election Law. Other cases of voters whose names were included in voter list twice/ thrice and cast the votes more than once in some townships were reported and filed, and these cases indicate the duplication of voter list which provided the opportunity for rigged votes. [27]

 Regarding polling stations out of military compound in 8 townships in Union Territory in 2020 Multi-party Democracy General Election, there were 646 polling stations including 24 military polling stations which were located out of military compound. A month before the Election Day, candidates from NLD party such as Pyithu Hluttaw Candidate representing Pobbathiri township U Yee Mon, Pyithu Hluttaw Candidate representing Ottarathiri township U Kyaw Min Hlaing, Pyithu Hluttaw Candidate representing Lewe township U Myo Zaw Oo, Pyithu Hluttaw Candidate representing Tatkon township U Kyaw Tint and Amyotha Hluttaw Candidate of No.9 Constituency U Maung Maung Swe came together to Union Territory Election Sub Commission and said they were not satisfied with the designation of military polling station locations as they thought that was not in line with Hluttaw Election law and the military polling stations shall be located out of military compounds according to the laws. [28]

 Vice chairman of Pyimana township NLD party U Thant Sin and 3 people came at 10:00 am on 25.10.2020 to Pyinmana township election sub commission. They threatened the sub commission by telling that the advance voting for the people age of 60 and above should be carried out only in Stay at Home areas but being carried out in Pyinmana township so they would submit complaint to Union Election Commission. [29]

 They also said that there were underaged and also dead persons’ names in the voter list since the voter list for Pyinmana township in 2020 Multi-party Democracy General Election was collected by the group formed and led by Pyinmana township administrator office, there were difficulties occurred because it was arranged to allow 3000 voters at each polling stations, the teachers were assigned for advance voting process and NLD party campaign teams forced local sub commissions to add some people who did not have Citizenship Scrutiny Cards into the voter list without verification, they manipulated the laws to allow people who did not meet the residency criteria ( by saying they were living there for more than 90 days), they intervened in and disturbed the polling station officers, and it is also found that candidates polling agents also intervened the duties of polling station officers. [30]

 In Tatkon township, the polling stations agents from party took pictures and sent them to their candidates, then Amyotha Hluttaw candidate from NLD party U Maung Maung Swe came to the polling station, disturbed and argued as he intervened with the duties of polling station officer. The polling station officer had to instructions to step back as some international media personnel came and took videos of polling. There were also influences by NLD party members at some polling stations e.g some NLD members did proxy voting, some NLD party youth members went around by motorbikes in the village, the house of ward/village tract administrator was attacked and there was a threat on social media to kill 50 people who were USDP party supporters. [31]

 In Pobbathiri township, NLD party candidates U Yee Mon and U Maung Maung Swe interfered in election process and misused their power in voter list process. They asked for the military voters list when the parliament made decision to move the military polling stations out of military compounds, and also pressured to include the designation of polling station location for No.948 Garrison Engineer into Bae-kon village- tract. U Maung Maung Swe also forced the village tract administrator to include about 40 workers from Phyote-khwel village tract in the voter list although he was told it could be done only with the recommendation by township administrator. People who did not have household list or Citizenship Scrutiny Card came to live in these wards and U Maung Maung Swe also threatened and forced the ward/ village tract administrators to include them during advance voting. [32]

 The migrant people who illegally lived in Dekkhinathiri township and staff and their members from construction site of hotel zones moved just before the Election and it was difficult to collect the data for voter list. Chairperson of Dhakhina district election sub commission U Tin Myint and commissioner U Than Wai, commissioners from township election commission, and U Aung and Daw Aye Aye Htet are NLD hard cores and it was found that they leaked electoral information to NLD party, interfered in electoral operations. And it is found that NLD party coordinators Daw Than Than Soe, U Nay Lin, U Myo Min Htike and U Zaw Lin interfered in the electoral process for their own party’s benefit. [33]

 Members of Lewe township election sub commission U Hla Win and U Myint Han are NLD party members and they were in close touch with U Saw Hla Tun, U Kyaw Myint Oo, U Myo Zaw Oo, U Maung Maung Thwin and U San Tun Kyaw who are campaign team members from NLD party. Chairperson of Dakkhina district election sub commission U Tin Myint lectured at the election training that people can vote with the recommendation by ward/village administrators until Election Day. Chairperson of Zabhuthiri township election sub commission U Kyaw Nyein gave instructions to add the people into voter list until 7th November 2020. There were people who wanted to be included in the voter list just before the Election Day and it was likely vote buying and proxy voting on behalf of elderly people and they were advised to cast the votes for NLD party. [34]

 The numerous major errors in voter list at many polling stations were not accidental ones and it was because of interference of the NLD party campaign team in voter list data collection and also advance voting processes, and the misuse of power in voter list, campaign and advance voting processes by NLD party candidate such as U Yee Mon, U Kyaw Min Hlaing, U Myo Zaw Oo, U Kyaw Tint, U Maung Maung Swe, Vice Chairperson of Pyinmana township NLD party U Thant Sin, Members of Nay Pyi Taw Council U Aung Myin Tun and U Nyi Tun, Member of Nay Pyi Taw Municipality U Min Thu, Chairperson of Dakkhina district election sub commission U Tin Myint, its member U Than Wai and Chairperson of Zabhuthiri township election sub commission U Kyaw Nyein. [35]