BY-ELECTION OBSERVATION REPORT PB-26--III

QUETTA BY-ELECTION CONSTITUENCY WITNESSES LOW VOTERS' HIGHLIGHTS ... TURNOUT, LOW INCIDENCE

OF ELECTORAL PB-26 Quetta-III IRREGULARITIES

The by-election in PB-26 Quetta-III recorded a declining voters' turnout and low incidence of electoral irregularities, replicating the trend witnessed during the by-polls held after General Election (GE)-2018. REGISTERED VOTERS Free and Fair Election Network (FAFEN) deployed 13 trained, There are 57,675 registered voters in the PB-26 Quetta-III non-partisan and duly accredited observers, including two including 35,338 male voters and 22,337 female voters. women for observation of by-election in the constituency. BY-ELECTION 2018 The election findings were recorded on comprehensive and standardized checklists and are based on the reports MALE FEMALE TOTAL received from 30 (61%) out of 49 polling stations. 35,338 22,337 57,675 The by-polls followed a lackluster campaign by the political parties. As many as 14 political parties and eight GENERAL ELECTION 2018 independent candidates had contested the GE-2018 from MALE FEMALE TOTAL PB-26 Quetta-III. The number of contesting candidates, this time, reduced to 18 with only eight political parties fielding 35,338 22,337 57,675 their candidates. Moreover, Muslim League- Nawaz (PML-N), Balochistan National Party (BNP) and CHANGE Pashtoonkhwa Milli Awami Party (PkMAP) withdrew their MALE FEMALE TOTAL candidates in support of Muttahida Majlis-e-Amal Pakistan (MMAP) candidate, Wali Muhammad. - - - During pre-election campaign, the political parties, including Hazara Democratic Party (HDP), Jamait-e-Ulmae POLLING STATIONS (PS) Islam (JUI-F), Majlis-e-Wahadat-e-Muslimeen (MWM) and Election Commission of Pakistan (ECP) set up 49 polling stations – 28 male, 19 female and two combined for the by-election. an independent candidate were seen using loud speakers in Overall, 172 polling booths – 103 male and 69 female – were their party meetings before polls. Moreover, the observers established. found the party flags of JUI-F, MWM), PML-N, HDP and Balochistan National Party-Mengal (BNP-M) hoisting at MALE PS FEMALE PS COMBINED PS HIGHLIGHTS various public places. The vote-casting process involves several steps, from 28 19 2 identifying a voter to inserting the ballot paper into the ballot box. A conservative estimate of the time required to 172 POLLING BOOTHS

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independents. Campagning and Canvassing: Unlike the General Election 2018 when five women – The observers noted the presence of the political representing (ANP), Jamhoori parties' camps around all (28) of the observed polling Watan Party (JWP), (BAP), stations. ECP's Code of Conduct for Political Parties National Party (NP) and Balochistan National Party – and Contesting Candidates bars the display of arms or Awami (BNP-A) – had contested the polls, this time no incitement to violence at the camps in the woman candidate contested the by-election in the surroundings of polling stations. However, the constituency. observers witnessed the presence of armed personnel Setting Up of Polling Stations: inside the party camps in the surroundings of three out of 28 polling stations. ECP set up 49 polling stations – 28 male, 19 female and two combined – for 57,675 registered voters of the Moreover, the Code of Conduct prohibits the constituency, averaging 1177 voters per polling candidates or their supporters from providing station. Although the total number of the polling transport services to the voters on the Election-Day. stations has not changed since GE-2018, the However, FAFEN observers witnessed the party distribution of polling stations among men and women supporters providing transportation to voters in the recorded slight variations. Women voters were surroundings of 21 of the observed polling stations. allocated two more polling stations and men two less The observers also reported the presence of polling stations as compared to GE-2018. campaigning material of candidates or the political parties inside one polling station. The Elections Act, 2017 advises a limit of 1,200 voters to be assigned to a polling station for smooth Voting Process: functioning of voting process. However, additional The voting process continued uninterrupted in 27 voters may be assigned in exceptional circumstances polling stations while the polling staff was seen taking with the reasons to be recorded in writing. The election breaks during polling hours at one polling station. authorities assigned above 1,200 voters to 23 (47%) FAFEN's observation suggests that the secrecy polling stations in the Final List of Polling Station screens were properly placed to protect the privacy of issued for the by-election in PB-26 Quetta-III. the voters at 42 (79%) of the observed polling booths, whereas the placement of these screens at the remaining 11 (21%) polling booths allowed the persons present inside the booths to see the voters marking their ballot papers. Moreover, the direction of Close Circuit Television (CCTV) cameras at 11 polling booths compromised the voters' secrecy. The authorized polling agents as well as the candidates' representatives who are allowed to witness the polling process and object to any irregularity as defined under the law, were seated appropriately at most (45 or 85%) of the polling booths, Under section 59(8) of the Elections Act, 2017, no and they were able to witness the entire polling changes can be made to the notified Final List of process. However, the seating arrangement for the Polling Stations, save in very exceptional polling agents at the remaining eight (15%) polling circumstances, with the approval of the Election stations did not enable them to see the polling process Commission of Pakistan and after giving notice to the clearly. Nine instances at three polling stations were contesting candidates. FAFEN observers noted that reported where the polling staff did not allow the voters the six polling stations, to be set up in Government with disabilities to seek assistance from a person of Poultry Farm, Brewery Road were shifted to their choice for casting their vote. Government Girls School . Returning FAFEN also noted an incident of a violent clash Officer of the constituency, however, told FAFEN between supporters of MWM and HDP at a polling observer that the shifting was made due to security station that resulted in the injuries to at least five reasons and after taking the contesting candidates in persons and disrupted the polling process for 10 confidence. minutes. The incident prompted the security PB-26-Quetta-III - ByElection Report 4

forces to remove the quarreling parties from the polling Security personnel present outside polling stations station. were seen checking voters' National Identity Cards (NICs) as well as voter chits (perchees) on 28 (100%) Preparation and Transmission of Results: and 26 (93%) of the polling stations, respectively. ECP's FAFEN observers witnessed the counting process at Code of Conduct for the Security Officials for GE-2018 seven polling stations. The Presiding Officers (PrOs) prohibited security officials from barring any voter for were seen counting the ballot papers twice at all the not carrying NIC or vote-chit as it is the duty of the observed polling stations. Legally, the PrOs may polling staff to ascertain the identity of the voter and recount the votes on their own motion or on the request process his or her credentials. of candidates or their agents present during the The security officials were observed allowing the counting process. None of the polling agents refused voters to carry their mobile phones inside 11 (39%) to sign the Result of the Count (Form-45). However, the polling stations. Moreover, the security officials at PrOs did not paste the copies of the Form-45 and eight polling stations restricted the media persons to Ballot Paper Account (Form-46) outside four and five carry their cameras inside the polling station building. polling stations, respectively. As many as 19 out of 28 PrOs interviewed on the Independent Observation: Election-Day shared that they were provided mobile Section 238 of the Elections Act, 2017 permits duly phones by the ECP to electronically transmit the verified and accredited election observers to observe election results after the completion of counting of the proceedings including the voting and counting votes. Four out of the remaining nine PrOs said they processes. In compliance with the legal provision, would use their own phones to transmit the result FAFEN's trained, non-partisan and accredited while five PrOs said they would share the result with observers were allowed to observe the polling process the Returning Officer manually. Moreover, one of the at 24 polling stations without any restrictions while interviewed PrO expressed dissatisfaction with the they had to persuade the election staff at four polling training provided by the ECP on the use of Result stations while at two polling stations, FAFEN observers Transmission System (RTS). were barred from exercising their legal right of election observation. Moreover, FAFEN observers were allowed Conduct of Security Staff: to observe the counting process at seven polling The security personnel were observed to be present stations. outside and inside the observed polling station buildings on the Election-Day. They were also deployed inside 40 out of 53 observed polling booths.