… warns that courts will be overwhelmed by cases

Campaign finance laws should be amended to allow the automatic disqualification of candidates who fail to submit expense reports on time, without requiring legal action, Executive Director of the People’s Action for Free and Fair Election (PAFFREL), Rohana Hettiarachchi has said.

Currently, the Election Commission (EC) must pursue legal action against non-compliant candidates through the Police and the Attorney General’s Department, a process Hettiarachchi described as cumbersome and inefficient.

“This is a major issue with campaign finance laws. During the 2024 presidential election 13 candidates, along with their party secretaries or nominators, failed to submit their expense reports. Similarly, over 100 candidates, at the Elpitiya Local Council poll, and more than 1,200 who contested the November 2024 general election, did not hand over their reports,” he said.

Hettiarachchi explained that under current laws, legal proceedings must be initiated to penalise these individuals. “The Election Commission lodges complaints with the Police, and the Police, after consulting the Attorney General’s Department, take legal action against those who fail to submit their expense reports on time. This is a lengthy and unnecessary process, as there is no investigation required. It is a straightforward case of failing to comply,” he said.

He warned of the administrative challenges this could pose at the upcoming Local Council elections. “If, for example, 10,000 candidates fail to submit their expense reports, the Election Commission, Police, and Attorney General’s Department will be overwhelmed. They would have no capacity to focus on anything other than filing cases.

Similarly, the courts will be burdened with hearing these cases, leaving little room for other judicial work.”

Hettiarachchi highlighted the current penalties under campaign finance laws: a person found guilty of failing to submit expense reports loses their civic rights for three years and is required to pay a fine of Rs. 100,000.

He called for stricter reforms, proposing an extension of the civic rights suspension period from three to seven years and the immediate loss of civic rights for individuals who fail to submit their reports on time. “These measures will not only simplify enforcement but also ensure greater accountability from candidates,” he said.