Preliminary Report of PB-18 By-Election Observation

ISLAMABAD, December 25, 2012:  Almost total absence of women voters from polling stations, lack of female polling booths, presence of security personnel and unauthorized persons inside polling stations characterized the by-election for PB-18 Sherani-cum-Zhob held on Monday, reports the Free and Fair Election Network (FAFEN) in its Preliminary Report.

The Election Commission of Pakistan (ECP) did not set up female polling booths in about 75% of the polling stations monitored by FAFEN observers, in violation of its own notified polling scheme. Considering that the area’s women are discouraged from participating in the electoral process by their communities, the ECP’s reluctance to establish female polling booths at the majority of observed polling stations reflects the administration’s waning commitment to resist such trends in the region.

The seat was vacated due to the recent death of former independent MPA Abdul Khaliq. He achieved victory in the general elections of 2008 by securing 31.5% (4,803) of polled votes when the voter turnout was 28.7%. A total of 68,005 voters were registered for the by-election in PB-18 (Sherani-cum-Zhob) – 37,811 male and 30,194 female. That is 12,750 more voters than the number of registered voters in the 2008 general elections. 

The ECP set up 67 polling stations – all mixed gender. The polling stations were supposed to include 151 polling booths – 82 male and 69 female. However, at 25 of the 33 polling stations monitored by FAFEN observers on polling day, female booths had not been set up.

Twelve trained and accredited FAFEN observers monitored the voting and counting processes inside polling stations. The observers spent between 45 and 60 minutes in each polling station to document their observations and findings on a standardized checklist based on the provisions of the Representation of the Peoples Act 1976, Conduct of Elections Rules 1977, and instructional handbooks provided by the ECP to polling officials.

This preliminary report is based on the observation of 33 polling stations – all combined, and reports sent by FAFEN staff before the election.  Some of FAFEN’s key findings include:

•   Bar on Participation of Women in Polling Activities

As seen in previous elections, the community’s women are generally discouraged from visiting polling stations to vote. In violation of its own published polling scheme, the ECP did not establish any female polling booths at 25 of the 33 polling stations monitored by FAFEN observers. Moreover, no female election officials were seen at any polling station. Considering the patterns associated with female voting in the constituency, this is a worrying development. ECP should have established women only polling stations in the constituency to create favourable environment for women voters in place of notifying combined polling stations only.

At PS-20, the Presiding Officer did not allow at least five women to vote after asking them to show their faces for identification. The Presiding Officer’s motivation to do so could not be established. Nevertheless, this incident led to a two-hour break in polling and the women left the polling station without voting.

In PS-30, however, the Presiding Officer refused to allow a polling agent to vote on behalf of absent women voters. The agent had come with number of women CNICs for proxy voting.

The table below lists the numbers of male and female booths that were supposed to be established at 25 polling stations, according to the ECP. While no female booths were actually established, one male booth was set up at each polling station.

 

Sr. No.	PS No.	Number of Planned Booths
Male	Female	Total
1	PS-1	1	1	2
2	PS-2	1	1	2
3	PS-3	1	1	2
4	PS-4	1	1	2
5	PS-9	1	1	2
6	PS-10	1	1	2
7	PS-13	1	1	2
8	PS-14	1	1	2
9	PS-17	1	1	2
10	PS-18	2	1	3
11	PS-19	1	1	2
12	PS-28	1	1	2
13	PS-29	1	1	2
14	PS-30	1	1	2
15	PS-31	1	1	2
16	PS-32	1	1	2
17	PS-33	1	1	2
18	PS-34	1	1	2
19	PS-35	1	1	2
20	PS-37	1	1	2
21	PS-38	2	1	3
22	PS-39	1	1	2
23	PS-40	1	1	2
24	PS-41	1	1	2
25	PS-45	1	1	2

•    Suspicious Voting Patterns

FAFEN observers recorded suspicious voting patterns at one polling booth of one polling station. If polling is most efficient and each voter takes approximately one minute and 30 seconds for processing (checking of name, checking of CNIC, issuance of ballot paper, going behind secrecy screen, stamping a ballot and returning the stamp to the assistant presiding officer), about 45 ballots can be cast in one hour at a booth. Therefore, an average rate per hour higher than 45 brings into question the speed with which votes were being processed. The rate of voting was higher than possible at one booth of the polling station listed in the following table.

Sr. No.	Polling Station	Register Voters	PS Type	Time of Observation	Average Vote per Hour at Booth 1	Average Vote per Hour at Booth 2	Average Vote per Hour at Booth 3	Total Votes Polled at Time of Observation
1	PS-50	2362	C	900	32	70	34	136

•  Fraudulent Voting

Election officials were seen stamping ballot papers at one polling station. Similarly, polling agents and other unauthorized persons were seen doing the same at one polling station each.

In PS-37, the presiding officer thwarted at least one attempt at fraudulent voting. By exercising his magisterial power, he intercepted a man with a fake CNIC and handed him over to Frontier Constabulary personnel.

•  Unauthorized Persons Inside Polling Stations

According to FAFEN observers, police officers were present inside eight polling stations while Army personnel were seen in at least two polling stations. Moreover, Frontier Constabulary/Rangers were present inside 18 polling stations and at times appeared to have been in control of the electoral process. Under electoral rules, even at sensitive polling stations, police is only authorized to maintain order outside polling stations in order to ensure smooth polling. They can only enter polling stations or booths when requested by Presiding Officers. Attempts by security officials to influence voters or polling officials were, however, not observed.

FAFEN observer reports indicate the presence of local influential persons inside three polling stations. Instances were reported where some of these unauthorized persons were attempting to persuade voters and election officials to favor a certain political party or candidate at one polling station. In PS-28, a local tribal chieftain or Sardar accompanied numerous voters behind the secrecy screen and was seen trying to exercise his influence on election officials. According to FAFEN observers, the election officials were visibly annoyed by his presence but were unsure of what to do.

Certain candidates and his workers were seen trying to influence voters at two polling stations. Likewise, a political leader and his worker were seen doing the same at two other polling stations.

Government officials were present inside one polling station. AT PS-26, a Tehsildar entered the polling station and inquired about the condition of law and order within the station’s premises.

FAFEN observers reported that people who had already voted were present in 15 polling stations. A polling agent was seen repeatedly accompanying voters behind the secrecy screen in PS-30. Incidentally, voters were showing their stamped ballots to a polling officer at the same polling station. The reason for this unusual activity could not be determined. Other unauthorized persons also accompanied voters behind the screens at one polling station.

• Campaigning and Canvassing around Polling Stations

The workers of contesting candidates had established party camps outside at least nine polling stations; in violation of election laws that bar the same within 400 yards of polling stations. Moreover, the workers of contesting parties had erected banners and hung posters outside the majority of observed polling stations.

•  Interference with FAFEN Observers

Levies personnel manhandled FAFEN observers and forbid them from monitoring the voting process at PS-6.

FAFEN Recommendations

Having observed the aforementioned irregularities during the by-election, FAFEN recommends:

1. The ECP should probe into the incidents of barring women from voting in the PB-18 by-election and attempts of proxy voting on behalf of women voters. Even if re-polling is not held in the whole constituency, re-polling must be ordered in polling stations where women were barred from voting.
2. ECP should act against all election officials who failed to establish women polling booths in combined polling stations.
3. The ECP should ensure that security officials perform only their designated duty of maintaining law and order outside of polling stations and do not attempt to manage election officials.
4. The ECP should take disciplinary action against polling station officials who interfered with and influenced the voting process.
5. To eliminate unauthorized people from being in polling stations:
   1. Presiding Officers should be encouraged and provided adequate protections to use their magisterial powers.
   2. All polling officials must be required to carry their Government Service Cards to prove their identity on Election Day.
   3. Polling officials should ensure that only one polling agent representing each political party – and carrying proper identification from their party – is permitted in each polling booth.
   4. Only people carrying proper identifications should be permitted inside polling stations and allowed to vote.
   5. Adequate security checks should be performed in order to prevent unauthorized and armed persons in and around polling stations.
   6. All polling officials must be required to carry their Government Service Cards to prove their identity on Election Day.
6.  Adequate training of all polling officials must be ensured for all by-elections.
7. Polling officials should ensure that all campaign materials and camps are removed from around the polling stations.
8. More generally, given the consistent weaknesses in ECP by-election administration, by-elections should be minimized by restricting each candidate in general elections to contesting in only one constituency.