BY Buddhika Samaraweera Courtesy The Morning

• EC formulating amendments to 2023 Law
•  As at present ‘even empty paper’ submitted by candidates as expenditure report has to be accepted   
• Amendments proposed to empower EC to examine contents of expenditure reports and file suit 

The Election Commission (EC) yesterday stated that it is currently preparing a report outlining the necessary amendments to the Election Expenditure Act, No. 03 of 2023. 

This, as the commission claimed that they are required under the current form of the Regulation of the Act to accept even an empty piece of paper submitted by election candidates as their campaign expenditure report on the due date. 

Speaking to The Daily Morning, EC Chairperson R.M.A.L. Rathnayake said that the commission is currently identifying areas that need to be corrected in the Act, which he described as flawed”. He noted that one of the main shortcomings in the Act is the absence of provisions that allow the commission to examine the contents of expenditure reports submitted by candidates, political parties, or independent groups.

According to the current form of this Act, our role is to accept the expenditure reports submitted and display them for the public. We don’t have the authority to examine the contents. Even if someone hands us a blank piece of paper on the due date, we are still required to accept it and display it. It’s up to the public to review these reports and take legal action if necessary. We can’t do that. The only time that we are allowed to lodge a complaint with the Police is when a report is not submitted on time,” he explained.

Speaking further, Rathnayake said that the EC is currently preparing a report identifying all the gaps in the Act. Once finalised, he said that it would be submitted to the Parliament for consideration. Only now are we beginning to clearly see how flawed this Act is. There are more shortcomings beyond what we have identified. We are preparing a report to present to the Parliament so that the necessary changes can be made. We are doing what we can,” EC Chair pointed out.

Under the Regulation of Election Expenditure Act, all recognised political parties, independent groups, and candidates contesting Presidential, Parliamentary General, Provincial Council, and Local Government Elections are required to submit detailed campaign expenditure reports. These reports must include the sources of funds and be submitted to the EC within 21 days after the conclusion of the election.