For avid Sri Lankan watchers of the international scene, the US General and Presidential Elections on November 3 provided a glimpse into the voting systems of advanced economies. Two terms stood out from the profusion of words used to describe those elections, mired in controversy due to President Donald Trump’s false allegations of voter fraud.
One of his allegations was that advance voting and postal voting, generally called mail-in voting there, were rife with voter fraud. While none of his claims turned out to be true, we can learn some points about how developed countries give their voting populations a broad range of options to cast their vote without necessarily coming to a polling centre on the election day itself.
Advance voting generally means the ability to vote in person at a polling centre before the election date. Mail-in voting, on the other hand, can be done from the comfort of one’s home. There are two options here – one is to post it like a normal letter and the other is to drop the ballot off at designated drop boxes. Signature matching, ID verification and other methods are used to ensure the authenticity and the safety of the votes thus mailed. The mail-in ballots have become a particularly attractive option for the disabled and the infirm who may find it difficult to travel even to the nearest polling centre. Moreover, this became a blessing during the pandemic as health regulations restricted movements. In fact, in the US, over 100 million people opted for advance and mail-in voting, which resulted in a record turnout. The only catch is that one must apply beforehand to become eligible for advance voting.
While Sri Lanka too held a General Election successfully during the pandemic with a commendable turnout, one glaring omission was that only a select few categories of Government servants had the facility for advance (postal) voting. These are primarily those who have to be on election duty, including Police personnel, teachers and other public servants.
The newly appointed members of the National Election Commission (NEC) have scrutinised this anomaly and have proposed to amend the Election Laws to provide for advance voting for several categories of voters, as disclosed by our sister paper the Daily News on Saturday.
NEC Chairman Nimal Punchihewa has told the newspaper that the Commission proposes an Amendment to the Parliament Elections Act No 1 of 1981 to enable advance voting. Once this Act is amended, the said provisions can also be applied to Presidential, General, Provincial Council (PC) and Local Government (LG) Elections. The proposal would be presented to the Cabinet through the President’s Office and a Parliamentary Select Committee, once it is appointed.
This is a step in the right direction that will fill a lacuna in our electoral system. Some of our electoral laws have not evolved to reflect the needs of the times and to incorporate the latest technologies. According to the NEC, those in the essential services category such as doctors, nurses and other health workers and those employed in jobs that make a direct impact on the economy such as garment factory workers would be eligible to cast advance votes. Media personnel can also use advance voting if they are on duty on the Election Day. This will enable thousands more to participate fully in the electoral process and exercise their precious franchise.
As per the NEC, the voters must apply to use advance voting. However, this will be different from postal voting in that the NEC will set up polling booths in relevant Divisional Secretariats and places such as hospitals on a day prior to the Election Date to provide for advance voting.
This move, while laudable, still excludes several categories. Sri Lankan expatriates who toil in foreign countries remit around US$ 7 billion annually to the Motherland (this has dipped in the pandemic period) but have no say in the political realm. This should be rectified. As the NEC has pointed out, there are certain practical difficulties in implementing such a decision – for example, some workers live thousands of kilometres away from the nearest Sri Lankan embassy or consulate. Nevertheless, a serious attempt must be made to give them the power of the franchise. In fact, many countries give this facility to all their citizens living abroad, including dual nationals.
Remand prisoners are another category. It is a well-known fact that most persons in remand have been consigned to their fate due to their inability to pay fines. Besides, all suspects are presumed innocent until found guilty by a court of law. It is therefore grossly unfair for them to be deprived of the vote. Perhaps voting booths could be set up in prisons for remand prisoners on a day prior to a given election. All political parties must consider these proposals through the proposed Parliamentary Select Committee.
There is, however, another category of voters who have received short shrift – the disabled, especially the visually and mobility-impaired. Most of them have no means of travelling to the nearest polling centre. This is a category that can be considered for mail-in voting, as they will be able to vote from home, in advance. Measures can be taken to validate the genuineness of these votes. Since this will go beyond in-person advance voting, more laws will have to be brought in.
Elections will have greater meaning and depth only when the greatest possible number of voters can exercise their right to vote. The Government and other political parties must do everything in their power to make this a reality.