News
Elections watchdog proposes overhaul of laws to improve efficiency
View(s):By Ishu Bandara
The lessons learned from the past three elections, which revealed new shortcomings in existing laws, including the Election Act will be incorporated in proposed amendments to prevent issues from arising in the future.
“The EC is conducting an active review and proposing amendments to several key election laws, aiming to rectify shortcomings and improve the electoral process,’’ said R. A. M. L. Rathnayaka, chairman of the Election Commission.
He confirmed to the Sunday Times that a comprehensive review is underway to address existing deficiencies in the Election Act.
According to the EC, Sri Lanka has five key election-related laws guiding its democratic process such as the Presidential Elections Act No. 15 of 1981, Parliamentary Elections Act No. 1 of 1981, Provincial Councils Elections Act No. 2 of 1988, Local Authorities Elections Ordinance (Ch. 262), and the Referendum Act No. 7 of 1981.
Sources at the EC also confirm that amendments are underway to the Regulation of Election Expenditure Act, No. 3 of 2023, the Registration of Electors Act, No. 44 of 1980, and the Local Authorities Elections Ordinance (Chapter 262), with particular focus on improving procedures for including names in electoral registers.
The EC is also assessing further amendments and identifying additional laws that require changes. Draft legislation awaiting approval includes proposals to increase the candidate deposit for elections, remove the requirement to mark ballots with a specific symbol, introduce facilities for advance and mobile voting, and establish specialised voting centres. Other measures would provide a legal framework for the EC Code of Conduct for candidates and enforce media regulations on both public and private outlets during elections.
In addition, legal provisions are being prepared to enable the EC to adopt new technologies for the electoral process.
According to Mr Rathnayake, the ongoing review covers a wide range of existing legislation, with particular focus on addressing shortcomings in the Election Act. “There are identified deficiencies in the overall Election Act that are currently under discussion for rectification.’’
He further noted that the fact that 56 local council members have yet to be appointed following the recently concluded local council elections highlights loopholes in the Local Authorities Elections (Amendment) Act, No. 22 of 2012.
There is no time limit for the appointment of 56 members, which needs to be addressed, he said.
When the Sunday Times asked about the progress of various legal reforms already forwarded to the government by the EC in recent years, Mr Rathnayake said: “We have addressed many existing shortcomings and presented them to Parliament over the years, requesting legal amendments. However, apart from a few, most remain unimplemented. Each proposal is currently at a different stage: some have been approved by Parliament, others by the Cabinet, and some are with the Legal Draftsman’s Department.’’
Mr Rathnayake emphasised that, beyond the specific election acts, general legal reforms requested by the EC from the government are also under discussion. These reforms will be included in the proposal to speed up the process and get government approval before the next elections.
In the meantime, Mr Rathnayake highlighted key points that need to be implemented in the law, noting that a proposal has been made to amend the deposit for candidates, a suggestion that predates the last presidential election. The government has yet to address this issue.
He also proposed measures to reduce election expenses, which run into millions.
He suggested abolishing the requirement to mark a voter’s finger with ink, explaining: “With the mandatory use of the National Identity Card for voting, the ink mark is no longer necessary. Eliminating this step is expected to save a significant amount of money, estimated to be in the millions.’’
Election observers and experts have consistently pointed out shortcomings in the current election expenditure law. It has been noted that people often do not review these declarations, and the EC’s authority is limited to taking action only against those who fail to submit expenditure reports, rather than verifying the accuracy or details of the submitted reports.
Mr Rathnayake also confirmed the issue, saying that the shortcomings in the current Election Expenditure Law exist because some key points proposed by the EC were not included in the Act when it was submitted to the former government. He said that the EC is taking this matter seriously and is working to address it through a proposal to the NPP government.
He said the proposed amendments are designed to improve election efficiency and provide clear benefits to voters. “By correcting identified shortcomings in various laws, the overall election process is expected to become more robust and effective,” he said.
When the Sunday Times asked about upcoming elections, Mr Rathnayake said the main hurdle is the Provincial Council election, which has been delayed for years, and that the EC is focused on enabling it to take place. He said the current obstacles arise from a previous amendment to the Provincial Councils Elections Act, which required elections to be held based on a delimited divisional system. However, the delimitation report was not approved by Parliament during the time of the previous government, with even the then-serving minister voting against it.
To proceed with Provincial Council elections, the Election Commission said that either the stalled delimitation report must be advanced and approved, or the law must be amended again to revert to the old proportional representation system.
According to EC Chairman R. A. M. L. Rathnayake, the commission has consistently informed the government about the urgent need for these amendments to allow the elections to proceed. At present, there is no fixed legal timeline for holding these elections once the legislative hurdles are resolved.
The Sunday Times has learnt that with no indication of the local council election being held in the near future, the Election Commission has a few more years to finalise the proposal to the government, to ensure the election is held without the complications experienced previously.
Mr Rathnayake said: ”Once the proposals are finalised internally, they will be shared with key stakeholders, including political party secretaries and election observer organisations, to gather their suggestions. After considering feedback, a comprehensive proposal will be submitted to the government for approval.”
The EC hopes to complete the entire process, within the next two to three months, ideally before the end of the year.
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!