EC to submit legislative revisions to expedite council elections

Elections Commission is preparing to submit necessary legislative revisions in a bid to hold the Local Council Elections as soon as possible.

According to Special Provisions Act on Local Council Elections, the sunset law passed by the Parliament to postpone the elections, which was originally scheduled for April 2020, Local Council Elections must be held once the state of public health emergency declared over the COVID-19 pandemic is lifted.

However, the Health Ministry extended the state of public health emergency to February 3 last Monday.

Elections Commission had previously stated that they will not be able to hold the elections in March unless the state of public health emergency is lifted this Tuesday, January 5, at the latest.

Elections Commission’s chairman Ahmed Shareef told Sun on Tuesday that the elections cannot be held soon unless the sunset law is revised.

He said that Elections Commission is engaged in drafting the necessary revisions.

Although the Special Provisions Act on Local Council Elections states that the elections must be held within one year, it also states that the Health Protection Agency must establish that holding the election will not pose a threat to public health.

Shareef said the Elections Commission wishes to create a remedy to the issues through revisions.

He said that the commission will propose revising the law to create the option for the commission to hold the elections during the state of public health emergency, given the uncertainty as to when it will be lifted.

“The main revision to the law is to create a legal framework which will allow for an election date to be set through discussions between relevant agencies even if the state of public health emergency remains in place,” he said.

The Special Provisions Act on Local Council Elections makes it compulsory for the elections to be held before May 10. Shareef said the Elections Commission will also be proposing revisions to the dates.

Parliament Speaker, former President Mohamed Nasheed, too, has recently called for the elections to be held as soon as possible, stating that he also believes it to be crucial to revise the law to expedite the elections, if necessary.

Shareef said that Nasheed called him to voice concern over the delay in the elections on Monday, and also inquired regarding the assistance the commission requires to expedite the elections.

“I told him we wish to revise the law to allow the commission the legal authority to determine an election date. And he said to submit the draft to the Parliament,” he said.

Shareef said the commission will share the revisions with the Parliament later this Tuesday.

He said that the commission is set to hold a meeting regarding the elections on Wednesday, during which they will make necessary decisions, including regarding the revisions.

While it is clear there is no way to expedite the elections unless through legislative revisions, the Parliament is currently in recess.

The necessary legislative revisions cannot be passed until the Parliament reopens in February, or unless it convenes for an emergency session.

According to regulations, an emergency session while in recess requires the submission of a letter specifying the reason for the session, signed by at least one-third of the Parliament – meaning at least 29 parliamentarians out of the 85 need to back an emergency session.