1. The Union Election Commission (UEC) has examined the voter lists and voting conditions in 49 townships in Shan State, regarding the multiparty democratic general election held on 8 November 2020.
2. Of 3,634,283 eligible voters in 49 townships in Shan State, 2,421,348 voters, 66.63%, cast their ballots, and the candidates representing the following 31 political parties, and the independent parliamentary candidates have run in the general election.
(1) National League for Democracy
(2) Union Solidarity and Development Party
(3) Union Betterment Party
(4) National Unity Party
(5) Shan Nationalities League for Democracy
(6) Shan Nationalities Democratic Party
(7) Ta-Arng (Palaung) National Party
(8) Danu National Democracy Party
(9) Peace and Diversity Party
(10) Kachin National Congress Party
(11) Wa National Party
(12) People’s Pioneer Party
(13) Lahu National Development Party
(14) Pa-O National Organization
(15) Union Pa-O National Organization
(16) People’s Party
(17) National Democratic Party
(18) Inn National League Party
(19) Inn National Development Party
(20) National Democratic Force
(21) National Development Party
(22) Federal Union Party
(23) Kayan National Party
(24) Danu National Organization Party
(25) Kachin National Party
(26) Kokang Democracy and Unity Party
(27) People’s Party of Myanmar Farmers and Workers
(28) Lhaovo National Unity Party
(29) Shan State Kokang Democratic Party
(30) Ahka National Development Party
(31) Lisu National Development Party
(32) Independent candidates
3. The Union Election Commission has carried out an inspection together with the respective township election sub-commissions, head of police force, heads of township immigration and population departments, township administrators and representatives of parties under Section 53 of the Hluttaw Election Law.
4. According to the inspection, the previous election commission released 3,634,283 eligible voters in these 49 townships in Shan State. The Ministry of Labour, Immigration, and Population list in November 2020 showed 3,055,597 eligible voters who had turned 18. The voter lists mentioned that 616,531 citizens, associate citizens, naturalized citizens, and non-identity voters, 22,679 persons repeated on the voter lists more than three times, and 309,248 persons repeated on the voter lists two times
5. According to the inspection, a total of 3,591 polling stations took out 4,023,194 ballots and used 2,399,225. It left 1,574,907 ballots instead of 1,623,969. The difference was 96,666 ballots, and it found 47,604 extra ballots. The extra/shortage ballots were found at respective polling stations.
6. Findings on voter lists and ballot papers for Pyithu Hluttaw election in respective townships were as follows
7. Findings in the 49 townships in Shan State are as follows:
(a) According to Section 6 (a) of the Hluttaw Election Law, any citizen, associate citizen, naturalized citizen or holder of a temporary certificate who has completed the age of 18 years on the day of commencement of election and who does not contravene the provisions of this Law. There are 616,531 non-identity voters. There were 22,697 persons repeated on the voter lists more than three times and 309,248 persons repeated on the voter lists two times in these 49 townships in Shan State.
(b) A total of 3,591 polling stations withdrew 4,023,194 ballots and used 2,399,225 ballots. It left 1,574,907 ballots instead of 1,623,969. The difference was 96,666, and the extra ballot was 47,604. The missing/extra ballots were found at some polling stations. The exact numbers of ballots were granted to the polling stations, and such extra and missing ballots were found due to illegal activities.
(c) There were 2,421,348 people who cast votes for Pyithu Hluttaw in 49 townships in Shan State in the 8 November election. They used 2,399,225 ballots, and 22,123 ballots were not used.
(d) Of 2,421,348 voters in 49 townships in Shan State, 1,948,314 cast votes at the polling stations, while there were 473,034 advance voters. The percentage for casting votes at the polling station was 80.46 per cent and 19.54 per cent for the advance votes.
(e) Some polling station bags containing receipt ballot papers were found missing, and the relevant polling station chief returned them only when the inspection was undertaken.
(f) Without following the Hluttaw Election Law 66 (h), receipt ballot papers and reserved ballot papers were returned to the respective township election sub-commissions only after the election period.
(g) Subsequent voters were allowed to vote by filling the voter registration Form (1) without submitting it to the relevant township election sub-commission. In some village-tracts, the original voter’s name was erased, and another voter’s name and profile were filled to vote.
(h) People under 18 were allowed to vote.
(i) It was found that ballots were issued only with a checkmark and no fingerprint of the voter on the Voter Registration Forms (1).
(j) The signature of the ward/village-tract election sub-commission chairman and secretary were not included on every page of the Voter Registration Forms (1), which violates the Hluttaw Election Law 15 (a).
(k) The ward/village-tract election sub-commissions failed to return the advance ballots and the extra ballots to the officials according to the Law.
(l) The name of the voter, voter list number, polling station number, ward/village name, signature or fingerprint, were not completed in the receipt ballot papers, and they were allowed to vote.
(m) The non-identity voters were found in the voter lists, and they were allowed to cast votes just with voter certificates without ID cards.
(n) Illegal advance voting was found.
(o) They released the COVID-19-related instructions, which were not in conformity with the Law, to collect voter lists and advance votes when the election drew near.
8. The frauds committed in the 8 November election were found as follows:
(a) The ward/village-tract administrators served as chairpersons in collecting the numbers of the population to compile the voter lists. In this process, the ward/ village-tract administrators appointed by the NLD government and some NLD members jointly collected the numbers of the population. They did not inspect whether the people live in their ward/village-tracts and whether they are eligible voters under the Hluttaw Election Law. Therefore, there were many non-identity voters on the voter lists and some repeated on the voter lists two times or over three times with just one NRC card. Section (15) (c) of the Hluttaw Election Law, Chapter VI mentioned, “Preparation of Voting Roll”, and stated, “Whoever has the right to vote in any constituency shall not be included in the voting roll of any constituency other than that of the constituency concerned at the same time.” And it found activities that violate the Law. According to Section 19 (b), the names not eligible are included in the voting roll; delete such names from the voting roll. But they did not remove the names.
(b) The former UEC also released instructions that the advance voting process for people over 60 can be done starting 29-10-2020 before the election day. But some NLD members conducted door-to-door services in collecting advance votes in some places, and it caused voting frauds. According to COVID-19 health rules, the announcement and instruction for voters who were unable to return to their constituencies were released on 8-10-2020 and 11-10-2020, respectively, by the former UEC. Due to such directives, the voters were found repeated on the voter lists, and non-identity voters were also on the lists and were allowed to cast votes.
(c) The former UEC also released a statement for voters without any ID cards to cast their vote on 19-8-2020. The non-identity voters cast votes with voter certificates at the polling stations. Therefore, the non-identity voters, those who repeated on voter lists for two times or over three times, were allowed to cast votes without complying with Section 59 of the Hluttaw Election Law. Regarding the voting stamps, the instruction that the ballots with a tick without a UEC label will be recognized as valid votes also caused a complicated situation in counting the votes.
(d) It was found that NLD party candidates and election victory groups violated the Hluttaw Election Law, Rules and Regulations, Orders and Instructions, COVID-19 prevention and control guidelines and local orders during the campaign period, the advance voting day and the voting day at the polling stations for the 2020 multiparty democratic general election.
(e) Repeated voter registration appears to be an opportunity for electoral fraud, with more than one voter appearing in two or three ballots being investigated and prosecuted. Two or three times voting can be made in the following situations and are scrutinized in detail according to the evidence signed on the voter registration forms (1).
(1) It was found that voter could cast their advance ballots once on the advance voting day and another time on the actual election day.
(2) Advance voting was also possible in situations where the township or village where the voter has registered and the other townships or villages where the other voter lists are close to each other.
(3) On election day, voters cast their ballots and avoid touching the ink on their little finger so that they can vote at other polling stations
9. The voting frauds were supposed to be intentionally committed. Moreover, they also interfere in collecting voter lists, election campaigns, advance voting processes and voting processes even on the election day with their power. Then, the former UEC also misused their authorities and violated the Law and rules.
10. Regarding the multiparty general election held on 8 November 2020, the officials inspected the voter lists and the casting of votes in 49 townships in Shan State. NLD party misused the COVID-19 restrictions and State power in election processes, including election campaigns of contesting parties and Hluttaw MPs, to win the election and form a government. The party also arranged to seize power in advance. According to the above analysis, it was found that the election was not in conformity with the relevant Hluttaw Election laws/rules, so the election was not free and fair.
Union Election Commission
#The Global New Light of Myanmar