Amendments to Electoral Reforms Bill 2017 moved by Dr Arif Alvi

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Dr Arif Alvi has moved 65 amendments to the Electoral Reforms Bill and they will come up for discussion in the National Assembly on 21st August 2017. PTI believes that there are four very major issues which will not allow free and fair elections unless our recommendations are accepted:

  1. Biometric Identification
  2. Overseas Pakistanis Voting
  3. Reconstitution of ECP as the new bill is passed
  4. Setting up of Caretaker government in consultation with all parties

 

That in the Bill as laid down before the Assembly:

Chapter II

Clause 3

      i.         In Clause 3 (1) after the words ‘decision of the Commission.’ the words ‘The quorum shall be three.’ may be added

Clause 4

     ii.         In Clause 4 (3) the words ‘no provision or’ may be deleted.

Clause 5

   iii.         In Clause 5 (4) after the words ‘without prior approval’ the words ‘in writing’ may be added.

Clause 9

    iv.         In Clause 9 (1) after the words ‘implementation of the agreement’ the following words may be substituted ‘, or a situation that leads to’ may be added.

Clause 10

     v.         In Clause 10 the para may be deleted and the following words may be substituted ‘in situations of contempt of the orders of the Commission the matter may be referred to the Supreme Court for action’

Clause 13

    vi.         In Clause 13 after subsection (1) the following new subsection shall be inserted and the subsequent numbering shall be adjusted accordingly:

(2) The Presiding Officer shall, in pursuance of subsection (1), compile the result of the count of the polling station in the specified form and forthwith communicate the same electronically to the Returning Officer and the Commission, and also physically communicate the same to the Returning Officer.

  vii.         In Clause 13 (2) after the words ‘the Commission’ the words ‘before or by 11:59 PM midnight on the polling day. If for any reason results are incomplete at midnight he shall communicate to the Commission reasons thereof, and list the polling stations from which results are awaited, and send the complete provisional result as soon as it is compiled.’

 viii.         In Clause 13 (3) after the words ‘shall’ the word ‘electronically’ may be inserted.

Chapter III

Clause 17

    ix.         In Clause 17 (2) After the words ‘published’ the words ‘and shall use the last census available one year before the scheduled general elections’

Chapter IV

Clause 23

     x.         In Clause 23 (2) after the words ‘printout’ the words ‘or soft copy officially distributed’ may be added.

Clause 27

    xi.         In Clause 27 (4) After the words ‘shall remain valid’ the following words may be added ‘for five years after the publication of this Act or less if’. The word ‘till’ may be deleted.

Clause 28

  xii.         In Clause 28 after the word ’displayed’ the words ‘in multiple places wherever possible’ may be added.

Clause 31

 xiii.         In the title of Clause 31 the following words may be added at the end ‘or change of address’.

 xiv.         In Clause 31 after the words ‘person may apply for’ the words ‘change of address’ may be added.

Clause 34

   xv.         In Clause 34 (a) after the words ‘in accordance with the’ the words ‘decision of the Revising Authority under section 33’; and’ may be deleted and the words ‘decisions made under sections 30 to 33’ may be added.

Clause 35

 xvi.         In Clause 35 after the words under section the word ’34’ may be deleted and the words ’30 to 34’ may be added.

Clause 37

  1. In Clause 37 (c) after the words ‘person applies’ the words ‘for change of address or’ may be inserted
  2. In Clause 37 (d) after the words ‘person applies’ the words ‘for change of address or’ may be inserted

Clause 44

 xix.         In Clause 44 after the words ‘transfer of his vote under’ the words section 37, section 39’ may be deleted and the words ‘sections 30 to 40’ may be inserted.

Clause 49

   xx.         In Clause 49 an Explanation may be inserted as follows:

‘Explanation: Exceptional circumstances mean a law and order situation or natural disaster etc.’

Chapter V

 xxi.         In Chapter V a new Clause may be added as follows (and subsequent clauses may be renumbered as needed):

50. Rules for selection of Officers: The Commission shall develop rules for eligibility, selection and appointment of officers as required for duties described in this Chapter

Clause 57

  1. In Clause 57 (2) after the word ‘Gazette’ the words ‘that shall also be published on their website’ may be added.

Clause 59

  1. In Clause 59 (1) after the words ‘of that constituency.’ the following words may be added ‘It shall include the electoral block/s or area/s assigned to each polling station. The list shall also be published on the Website of the Commission.’
  2. In Clause 59 (3) (c) after the word ‘shall’ the word ‘publish’ may be deleted and the words ‘shall post the list in a prominent place in the constituency and inform the Commission. The Commission shall also publish the same on its Website’ may be inserted.
  3. In Clause 59 (6) after the words ‘in the district.’ The following words may be added ‘The list shall published on the website of the Commission and shall include:
    1. The name and number of polling station.
    2. Gender type of polling station or booth.
    3. Name/s and number/s of the electoral block/s or area/s assigned to each polling station.
    4. Number of voters assigned to each booth.’
    5. In Clause 59 (6) after the word ‘Gazette’ the words ‘that shall also be published on the website of the Commission’ may be added.

Clause 71

  1. In Clause 70 the following subsections may be added

(3) The Commission shall take full control of these presses and shall nominate required number of officers for each press.

(4) The Commission shall take assistance of the military or para-military forces to manage the security of the press.

(5) The Commission must ensure 24 hour CCTV camera surveillance of the press, premises and gates of the printing press.

(6) The Commission shall ensure computerized or machine numbering of ballot paper counterfoils.

Clause 73

  1. In Clause 73 after the words ‘before commencement of the poll’ the words ‘or during polling hours’ may be add

Clause 79

  1. In Clause 79 (2) after the words ‘copies of’ the word ‘final’ may be inserted.

Clause 83

  1. In Clause 83 (2) after the words ‘for election to’ the word ‘local body’ may be inserted.

Clause 84

  1. In Clause 84 (1) before the words ‘National Identity Card’ the word ‘original’ may be added.
  2. In Clause 84 (5) before the words ‘National Identity Card’ the word ‘original’ may be added.

Clause 85

  1. In Clause 85 a new subclause may be added as follows:

(4) The Commission shall send the Challenged Ballot Papers to the National Database and Registration Authority for forensic inquiry to identify both the voters who voted against one entry in the electoral roll and the National Database and Registration Authority shall submit a report confirming the personation or otherwise to the Commission which shall initiate legal action against the person who personated or attempted to personate.

Clause 90

  1. In Clause 89 in subclause (4) (a) after the words ‘therefrom’ the words ‘in favour of each contesting candidate, in the following manner:

                                              i.     Open the used ballot box/es from all female polling booths one by one and count the votes;

                                            ii.     Follow the same procedure as in (i) for all male polling booths;

                                          iii.     Record the number of votes from female and male boxes separately on the prescribed form.’

may be inserted.

  1. In Clause 90 (6) (b) after the words ‘polling agent may be present’ the remaining words may be deleted.
  2. In Clause 90 (14) after the words ‘shall’ the words ‘immediately scan and electronically send the Result of the Count and Ballot Paper Account as prepared under subclause 12 to the Commission. He shall also’ may be inserted.

Clause 91

  1. In Clause 91 after the words ‘Count of the constituency (excluding’ the words ‘votes of Overseas Pakistanis and’ may be inserted.

Clause 92

  1. In Clause 92 after the words ‘in the prescribed manner’ the following words may be added ‘before or by 11:59 PM midnight on the polling day. If for any reason results are incomplete at midnight he shall communicate to the Commission reasons thereof, and list the polling stations from which results are awaited, and send the complete provisional result as soon as it is compiled. He shall’
  2. In Clause 92 after the words ‘and send’ the words ‘a print and electronic copy’ may be added.

  xl.         In Clause 92 the following words may be added at the end of the paragraph ‘The Commission shall post the results immediately on its website.

Clause 94

  1. In Clause 94 after the words ‘Overseas Pakistanis’ the words ‘in bye elections’ may be deleted.

Clause 95

  1. In Clause 95 (1) after the words ‘as may be present,’ the words ‘do the full recount, and’ may be inserted
  2. In Clause 95 (5) after the words ‘election agent’ the rest of the words may be deleted.
  3. In Clause 94 after subsection (5) a new subsection (6) may be inserted as follows:

(6) If there is a discrepancy between the recount done by the Returning Officer and the provisional results as compiled from the results sent by the Presiding Officers, the Returning Officer shall record the discrepancy and reasons thereof.’

  1. In Clause 94 (8) after the words ‘The Returning Officer shall,’ the words ‘immediately through electronic means as prescribed and,’ may be inserted.

Clause 98

  1. In Clause 98 (3) the words ‘ten days’ may be replaced by the words ‘one month’.

Clause 101

  1. In Clause 101 (2) after the words subsection ‘(1) if’ the whole sentence ‘the petitioner……. Count or where’ may be deleted.

Clause 103

  1. In Clause 103 after the words verification system the words ‘in bye-elections’ may be deleted.

Chapter X

Clause 167

  1. In Clause 167 (c) the word ‘lends’ and the words ‘borrows or uses’ may be deleted.

Clause 180

      l.         In Clause 180 (3) (c) after the word ‘hoardings’ the remaining words may be deleted and the following words substituted ‘, billboards, panaflexes of any size on walls of public or private buildings’.

    li.         In Clause 180 (4) after the word ‘remove’ the words ‘or defaces’ may be added.

Clause 183

   lii.         In Clause (183) after the words ‘two years’ may be changed to ‘three years’ and the words ‘one hundred thousand’ may be changed to ‘two hundred thousand’.

Clause 188

 liii.         In Clause 188 the words ‘two years’ may be changed to ‘three years’ and the words ‘one hundred thousand’ may be changed to ‘two hundred thousand’.

Clause 190

 liv.         After Clause 190 a new Clause may be added as follows and subsequent clauses may be re-numbered accordingly:

‘Clause 191.  If in the opinion of the Commission or upon request by a candidate and in the opinion of the Commission the request is not un-reasonable, or during hearing by an election tribunal it seems necessary that a forensic inquiry has to be conducted and the NADRA finger print records are matched with the records in the counterfoils, the Commission or Tribunal may request NADRA to conduct such an inquiry and submit a report to the Commission or the Tribunal as the case may be.’

Chapter XI

Clause 200

  lv.         In Clause 200 (b) the word public morality may be deleted.

Clause 201

 lvi.         In Clause 201 (3) the word ‘seven’ may be deleted and the words ‘thirty’ may be inserted.

Clause 203

  1. In Clause 203 (2) after the words ‘as a member and’ the word ‘shall’ may be deleted and substituted by the word ‘may’.
  2. In Clause 203 (5) after the words ‘other than the record of’ the words ‘another member’ be substituted by ‘other members’

Clause 212

 lxi.         In Clause 212 (c) after the words ‘foreign country’ the rest of the words may be deleted.

Clause 213

  1. In Clause 213 (1) the word before may be changed to ‘after’

Chapter XII

Clause 214

  1. In Clause 214 after the words ‘symbols in the list shall’ the rest of the words may be deleted and the following words inserted ‘shall contain symbols that shall not be confusing to the voter and shall be visible and perceptually different from each other’.

 

Drafted and moved in the National Assembly by Dr. Arif Alvi


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