• PAFFREL calls for automatic disqualification of non-compliant candidates

In the wake of calls to impose more direct penalties on candidates who fail to submit campaign finance reports, the Election Commission (EC) stated that if there are any issues with how the law is implemented, it is up to the Police to raise them with the relevant authorities.

Speaking to The Daily Morning, EC Chairperson R.M.A.L. Rathnayake said that under the existing law, the commission does not have the power to take further action beyond what the Regulation of Election Expenditure Act, No. 3 of 2023 permits. “If someone is found guilty under the Act, it is the Police that should act in consultation with the Attorney General (AG). We can’t file cases or impose any penalties.”

He also noted that the process of filing a case through the Police is long and often takes years, not just for election-related offences but for most legal cases. “The Police have to take statements, file a ‘B’ report, and proceed based on the AG’s advice. That is the system. Whether it takes time or not is outside our scope. There is no direct method to impose punishment. If there are shortcomings, the Police should work it out with the other parties.”

Rathnayake further added that although a shorter process would make things easier, also for them, there is no practical or legal path to make that happen within the current structure.

These comments come as civil society organisations are pushing for amendments to the campaign finance law to make enforcement simpler. People’s Action for Free and Fair Elections (PAFFREL) Executive Director Rohana Hettiarachchi told the media recently that the relevant law should be amended so as to establish a more efficient system that would allow for automatic disqualification of those who do not comply.