Can ballots ensure free and fair elections?

The Election Commission has done an about-face on their previously resolute decision to use Electronic Voting Machines (EVMs) in the upcoming 12th parliamentary elections of Bangladesh, citing "a lack of funds" from the government and strong reservations from some of the political parties as reasons for doing so. Until this sudden change of heart, the commission had appeared rather adamant on using the technology in the elections. According to media reports, the EC meeting on Monday did not dwell much on the sensitivities around EVMs. In fact, when asked if there was a political dimension behind this sudden change of mind, the EC secretary failed – wittingly or not – to shed light on the matter.

EVMs are an eventuality; sooner or later, elections in Bangladesh, with nearly 100 million voters, will have no option but to resort to using electronic voting methods. However, there should be little doubt that, for the moment, the Election Commission's decision to not use EVMs is a good move in the context of the existing national polity. This change in course warrants some examination, though, to ascertain if it is for the right reasons.

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A farewell to EVMs

The Election Commission did not pay heed to the political parties previously when they expressed strong reservations about the use of EVMs during their dialogues last year. However, the latest decision, commendable as it may be, has come late and fails to address the core challenge this commission faces – credibility with the political parties – especially since the change of heart has not been explained elaborately. Had the commission taken this same decision immediately after their dialogues with the parties, they would have earned more trust, which remains a major impediment for the electoral authority to hold an inclusive election. The commission had, in fact, mentioned in their roadmap that gaining trust was a major challenge. Unfortunately, they missed an opportunity with EVMs.

It seems that the Election Commission is giving an impression of becoming increasingly pliable, apparently with some flexibility for the political parties, in order to hold an inclusive election. But is it too little, too late to reduce the distance with the political parties?

The change of course regarding EVM use has not been able to sway the main political opposition camp, BNP, in the slightest. The party said it was least bothered about EVMs and concerned only about the nature of the election-time government. And in this particular issue, the Election Commission has nothing to do really. Despite its limitations, the EC invited the BNP and its like-minded parties for informal talks, which the BNP rejected, calling it "meaningless." Now, we have to see how the other political parties react to the EC invitation in light of its new decision, which certainly provides some food for thought for the parties.

It seems that the Election Commission is giving an impression of becoming increasingly pliable, apparently with some flexibility for the political parties, in order to hold an inclusive election. But is it too little, too late to reduce the distance with the political parties?

If anyone is wondering whether this EVM decision will sway things in the Election Commission's favour, they are in for a rude awakening. It won't. EVMs were used in six constituencies during the 11th parliamentary elections in 2018, and paper ballots were used in the rest. We all know what happened.

The Election Commission has also said that although EVMs will not be deployed during the general polls, they will be used in all five city corporation elections, the biggest elections before the general elections. If the commission had decided to use paper ballots in those polls as well, it would provide a good opportunity to see how things would pan out and what possible challenges could emerge.

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Why does the EC want to talk with the BNP anyway?

According to the US Department of State's 2022 Country Reports on Human Rights Practices, the 2018 elections were neither free nor fair, because they were marred by serious irregularities, including ballot box stuffing and intimidation of opposition polling agents and voters.

There are also reports that ballots were stuffed even before the election day. We can remember that Jatiya Party (JaPa) General Secretary Mujibul Haque Chunnu, during a dialogue with the Election Commission on July 31 last year, said, "We are proposing that the ballot paper be delivered on the morning of the election. This way, there would not be any issue of stuffing ballot boxes the night before. What can I say, even I have allowed such activities. It is not right."

A genuinely inclusive election depends on a wide range of factors, many of which the Election Commission cannot even begin to address. The decision not to use EVMs is a good start, but it will certainly not be enough. The commission needs to do much more. For now, though, they have earned the ability to at least claim that they are being sincere about getting all quarters to participate in the elections.

Mohammad Al-Masum Molla is chief reporter at The Daily Star.