KPU asked to void memo on ballot counting

KPU asked to void memo on ballot counting

The Jakarta Post, Jakarta

The election supervisory body called on the General Elections
Commission on Tuesday to retract an official memo, which states
that the counting of dozens of ballot papers intended for other
electoral districts was legal, arguing that such a measure was in
violation of the Election Law.

As of noon on Tuesday, data from the Election Supervisory
Committee (Panwaslu) showed that cases involving ballot papers
that were used in the wrong electoral districts were found in 189
polling stations in 20 provinces.

For instance ballot papers intended for Jember in East Java
were used in Klaten in Central Java.

"Elections in such cases should be repeated", Panwaslu said.

Committee member Topo Santoso said the memo issued on the
evening of April 5 could give rise to lawsuits from legislative
candidates contesting seats in those areas. Topo said it could
also lead to a legal dispute on the validity of the overall
election result.

The KPU memo says it is legal for local election
administrators to validate a perforation that was made on a
ballot paper intended for other electoral districts.

However, the memo's stipulations apply only if there was the
consent of political party representatives the polling station
stations as witnesses/monitors. Otherwise, balloting for
legislative candidates at both provincial and regental levels
would have to be repeated.

Topo said the likelihood that a legislative candidate would
file an objection to the Constitutional Court is high. "We can
understand if the court approves the objection and declares the
vote illegal, as such ballot counting violates the principles of
proportionality and openness," he added.

The People's Voters Education Network (JPPR), which involves
over 10,000 observers, said that despite a lack of violence or
intimidation, there were a significant number of cases of
electoral fraud and cheating occurred in many areas.

"Four percent of the JPPR observers reported instances of
electoral fraud and cheating, the worst being in Karawang
regency, West Java, in Lebak regency in Banten province and Lima
Puluh Koto regency in West Sumatra," the JPPR's spokesperson
stated.

However, "Approximately 96 percent of our observers stated
that the election was free and fair," JPPR said.

Despite several violations of election procedures by KPU,
legal experts warned that political parties should not use them
as justification to simply annul the election result.

M. Fadjrul Falaakh and Maria Farida Indrati said annulling the
election result was possible only if substantial issues were
violated. "Failure to deliver election materials is only
technical," Fadjrul said.

One day after the polls, in a number of provinces the
Committee reported rampant violations of balloting rules in
polling stations.

In Minahasa regency, North Sulawesi, the Committee reported
violations ranging from a shortage of ballot papers which meant
some people were denied the right to vote, to distribution of
money prior to the balloting.

In Batam, Riau province, Committee officials found bogus
polling stations, which cause serious problems for the tabulation
of votes.