By Rathindra Kuruwita

An election could be held on any day except a public holiday, Full Moon Poya Day, or a Sunday, said Manjula Gajanayake, Executive Director of the Institute of Democratic Reforms and Electoral Studies (IRES), in a brief interview with The Island. He said there was no legal requirement for elections to be held on Saturday.

Gajanayake said that while laws governing local and provincial council elections said it would be preferable for these elections to be held on a Saturday, that was not a requirement. The Holidays Act (No. 29 of 1971) also needed to be taken into account when scheduling elections.

Gajanayake further noted that prison officers were entitled to postal voting during presidential and general elections but not in local or provincial council elections.

One significant change in the upcoming parliamentary election is the mandatory requirement for each candidate to declare their assets and liabilities when submitting nominations, in accordance with the Anti-Corruption Act No. 9 of 2023. Previously, candidates could submit this declaration later. Gajanayake noted that this election marks the first time that assets and liabilities declarations must accompany nominations.

The Election Commission will receive around 8,000 such reports for the coming election. However, it does not have the authority to open or verify the information within these reports, as that responsibility lies with the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). These reports must be published online within a month of their submission, marking the first time the public will have access to such information.

Despite this significant change, Gajanayake pointed out a grey area in the law; the Election Commission could not reject nomination papers if the required assets and liabilities reports were not submitted, he said. The Parliamentary Elections Act, No. 1 of 1981, has not been amended to give the Commission this power.

Gajanayake emphasised that political parties should not disregard that requirement, as CIABOC will be verifying the information provided. The Anti-Corruption Act No. 9 of 2023 also extends to the assets of a candidate’s spouse and dependent children, regardless of age. Furthermore, if a candidate has been living with a partner for more than six months, that individual must also declare their assets.

Gajanayake noted Parliament could accommodate a maximum of 232 members, and the experts involved in electoral reforms had faced challenges as a result. He suggested that future reforms require structural changes if the number of parliamentary seats be increased.