News
Vast majority has not filed election spend details
View(s):By Ishu Bandara
Only about 250 out of 75,589 candidates have submitted their election expenditure reports to the Election Commission so far, even though the deadline May 27 is just nine days away, Election Commissioner General Saman Sri Ratnayake told the Sunday Times.
The Campaign Finance Act, No. 3 of 2023, is legally in force for local government elections and aims to reduce corruption and increase electoral fairness. Under the Act, candidates must submit an expenditure report to the EC within a specific period, usually 21 days after the elections.
According to the Act, candidates must maintain receipts, invoices, and records, and there are limits on total spending depending on the type of the election and the size of the electorate. Failure to submit these reports may result in penalties such as disqualification from holding elected office, fines, or imprisonment. It may also render candidates ineligible to contest future elections under the Act.
“The deadline falls on May 27, and as with previous key events like nomination day, the final day is expected to be hectic, with most candidates likely to wait until the last minute to hand in their documents,” Mr. Ratnayake said.
He said the importance of informing candidates through the media to speed up the submission of their expenditure reports to avoid last minute queues and reduce the risk of facing legal action for non compliance.
Mr. Ratnayake said that to speed up the process, the Election Commission has introduced a website for candidates to submit expenditure — receipts and related documents online. Initially developed for the previous local government elections, the platform is for all candidates.
Manjula Gajanayake, executive director of the Institute for Democratic Reforms and Electoral Studies (IRES), told the Sunday Times that, based on political literacy levels and present trends, he anticipates that around 25,000 out of 75,589 candidates may fail to submit their election expenditure reports to the Election Commission on time.
Mr. Gajanayake pointed out that the lack of police action against nearly 1,300 candidates from the parliamentary elections, around 150 from the Elpitiya Pradeshiya Sabha election, and two from the presidential election, all of whom failed to submit their expenditure reports and have not yet faced legal proceedings may have contributed to an increase in non compliance, as many no longer fear the consequences of the law.
Mr. Gajanayake noted, as the police have their regular duties, the authority to handle election expenditure violations should be transferred to the EC. After the elections, the EC can assign its workforce to a dedicated election expenditure tracking unit, ensuring more effective monitoring and enforcement.
“There are also several external resources we can tap into for support. For example, there are many interns from the Sri Lanka College of Journalism and the Kotelawala Defence University. The commission can use this outsourced support to actively and lawfully enforce the Finance Campaign Act.”
“Furthermore, the commission should be given the authority similar to that of the police to handle these issues effectively”
According to Mr. Gajanayake, the Finance Campaign Act has had a positive impact on elections, and based on his observations, the most recent local government election recorded the lowest campaign spending by candidates compared with any election since 1991.
“Due to the finance campaign legislation, candidates must disclose the sources of election funding. This includes the name of the donor, their identity card number, and TIN number and other personal information.’’ Mr. Gajanayake said most businesspersons are reluctant to reveal their identities, which has ultimately led to a reduction in the amount of funding provided by the wealthy for election campaigns.
Mr. Gajanayake emphasised the importance of granting police powers to the EC to enforce at least the Election Campaign Law. He also highlighted the need to establish a separate unit within the EC, supported by lawyers.
Apart from the finance campaign issue now receiving prime attention, significant focus was also drawn to a speech made by the Prime Minister Dr Harini Amarasuriya, just before the silent period as learnt by the Sunday Times.
On May 3, at a National People’s Power (NPP) rally in Thelawala, Moratuwa, she made remarks that were interpreted as encouraging supporters to continue campaigning beyond the allowed period.
The Prime Minister responded by stating that if she had indeed violated the law, anyone was free to take action against her.
When the Sunday Times asked what action had been taken by the EC, Commissioner General, Saman Sri Ratnayake, said that any party, observation team, or even the media could file a case if election laws were violated, instead of placing the entire responsibility on the EC.
Mr. Gajanayake, said he agreed with the Election Commission’s stance. He added that, “although the silent period was introduced to uphold the integrity of the election, there is no specific clause in the Election Act that allows legal action based on such a statement’’.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!