MANUAL ON THE LEGAL

FRAMEWORK FOR ELECTIONS IN

MYANMAR

TABLE OF CONTENTS











TABLE OF CONTENTS 2

ACCRONYMS 3

INTRODUCTION 4

ELEMENTS OF THE LEGAL FRAMEWORK 5

SYSTEM OF REPRESENTATION 6

PRESIDENTIAL ELECTION 7

REGISTRATION OF VOTERS 8

VULNERABLE GROUPS 9

POLITICAL PARTIES 11

CAMPAIGN EXPENDITURE 14

CANDIDACY 15

CAMPAIGNING 18

ADVANCE VOTING 19

VOTING, COUNTING AND PUBLICATION OF RESULTS 22

COUNTING AND RESULTS TABULATION PROCESS 27

SCRUTINY & OBSERVATION 28

ELECTION DISPUTE RESOLUTION 30

2

ACCRONYMS










Amyotha Hluttaw Election Law ELECT LAW A.H 1
Amyotha Hluttaw Election By Law BY.L A.H
Pyithu Hluttaw Election Law ELECT LAW P.H
Pyuthu Hluttaw Election By-Law BY L. P.H
Amyotha and Pyithu Hluttaw Election Laws ELECT LAWS
Amyotha and Pyithu Hluttaw Election By-Laws
(including amendment through UEC Order (3/2014) ELECT BY-LAWS
State and Regions Election Law S/R ELEC LAW
Campaign Directive CD
Code of Conduct for Domestic Observers (UEC Notification 02/2015) DO COC
Code of Conduct for International Observers (UEC Notification 02/2015) IO COC
Procedures for Accreditation of International Election Observers (UEC Notification 04/2015) IO PROC
Procedures for Accreditation of Domestic Election Observers (UEC Notification 06/2015) DO PROC
Code of Conduct for Political Parties and Candidates PP COC
Constitution (2008) CONST.
Political Parties Registration Law PARTIES LAW
Political Parties Registration Bylaw PARTIES BY-LAWS
Presidential Election Law PRES ELECT LAW
Presidential Election By-Law PRES ELECT BY-LAW
Pyithu Hluttaw Election Law ELECT LAW P.H
Region/ State Hluttaw Election law ELECT LAW R/S
The Union Election Commission Law UEC LAW
UEC Announcement on the Right to Broadcast (52/2015) UEC (52/2015)
UEC Announcement on Issuing Voter Identification Slip UEC 22/10/2015
UEC Announcement Working Guidelines for Nay Pi Taw Sub-commission, UEC (4/165)
District Sub-commission, Self-administered Zone Sub-Commission WG District
UEC Notification on the Formation of Electoral Dispute Resolution
Committees NO 34/SA MA See (1) (10)/ KA Ma Ya UEC EDR
Working Guidelines for State or Region Sub-Commission WG S/R
Working Guidelines for Township Sub-Commission WG TWSH
Working Guidelines for the Presiding Officer, Deputy Presiding Officer WG Polling
and Polling Station Members Station Officer.
Working guidelines for Ward/Village Sub-Commission WG W/V
UN Convention on Elimination all forms of Discrimination CEDAW
UN Convention on the Rights of Person with Disabilities CRPD
UN Convention Against Corruption UNCAC














1 For most of the sections, the Amothya and Pyithu Hluttaw are identic. In this document, the term ELEC LAWS is used when the provisions in Amyotha and
Pyithu Hluttaw laws are equal.

3

INTRODUCTION










The legal framework for elections comprises many elements, ranging from candidacy registration to elec-
tion dispute resolution, and these elements are often intertwined like the weaves of a basket. In this basket,
the electoral process is made. We have prepared this manual to help readers locate and understand the legal
provisions regarding key aspects of this process, convinced that the only way to accurately comment on an
electoral process is to study the legal framework that governs its procedures. This is the case in any country.
Only by knowing what is stipulated in the laws can electoral stakeholders understand an election’s proce-
dures, identify shortcomings, and constructively advocate for improvements.

Compiled by four international and national experts, the manual is comprehensive-covering numerous laws
related to elections, including campaign finance, candidacy, campaigning, political parties, voter registration,
observation, ballot access, and more- but readers are encouraged to respond with suggestions, additions or
corrections in the compilation and interpretation of these laws.
DRI believes that the only way to build a robust democracy is to develop a solid institutional framework that
is based on laws that are clear, understood, and respected. We hope that this manual improves readers’
awareness about the legal framework for elections in Myanmar and becomes an essential resource for those
engaged in analysis and reform debates.

4
 ELEMENTS OF THE LEGAL
FRAMEWORK




There are different laws, with different ranks, that stipulate how elections will be conducted, from the
Constitution to administrative directives or codes of conduct. Legally speaking, these laws have a hierarchy,
which is shown in the chart below. The source of all laws is the Constitution as it enshrines the general
principles for the electoral process and the system of representation. From there, a variety of laws prescribe
key aspects of the process, such as detailed eligibility criteria for candidates, the definition of constituencies,
media reporting on elections and citizenship. More detailed operational aspects of the process are defined in
the By-Laws, which complement the Constitution and the respective laws. The Union Election Commission, in
addition, is empowered to issue regulations that, for example, guide the work of its personnel and the polling
staff or set the framework for campaigning.


2008
CONSTITUTION






PRESIDENTIAL POLITICAL AMYOTHA PYITHU OTHER UEC LAW

ELECTION LAW PARTIES LAW* HLUTTAW HLUTTAW RELATED


ELECTION LAW ELECTION LAW LAWS:

CITIzENSHIP UEC Law

LAW, MEDIA empowers
LAWS, UEC to issue
CRIMINAL LAW administrative
rules and

Presidential Political Parties regulations
Amyotha Hluttaw Pyithu Hluttaw

Election By-Law By-Law Election By-Law Election By-Law By-laws of the
related laws


Amyotha Hluttaw
Election Rules

Pyithu Hluttaw
Election Rules

Working
Guidelines for
UEC staff

Announcements

Notifications

Codes of Conduct

UEC Manuals

* Political Parties drafted and signed a voluntary Code of Conduct for Political Parties and Candidates

5
SYSTEM OF REPRESENTATION
ELECTED BODIES
Legal framework: CONST.
109, 141, 161; ELECT LAWS
ART 23
Myanmar holds elections for 3 representative bodies: The State/Region
Parliament and the two houses of the national/Union parliament (Amyotha
and Pyithu Hluttaw).
A candidate cannot contest in more than one constituency. If there is only one
candidate in one constituency, the elections will not be held.

STRUCTURE OF THE The Pyithu Hluttaw has 440 representatives- 330 elected on the basis of
LEGISLATURES townships & population and 110 appointed Defense Services Personnel. The
Amyotha Hluttaw has 224 representatives, 12 representatives per state and
Legal framework CONST. region and 56 appointed Defense Services personnel. The State/Region Hlut-
109, 141, 161 taws are composed of 2 representatives for each Township, national races
representatives, as per decision of the authorities concerned, plus one-third
of Defense Services personnel.

CONSTITUENCIES
Legal framework: ELECT
LAW A. H 4-5; ELECT LAW
P.H 3, ELECT LAW S/R 4
The Pyithu Hluttaw constituencies shall be based on townships. The Amyotha
Hluttaw election is based on 12 constituencies per state/region, each
constituency representing one township. If there are more than 12 townships
in
a state/region, the number of constituencies shall be based on districts. The
State/Region constituencies are composed townships, two representatives
will be elected per constituency.

VOTING METHOD The Ward/Village-Tract Sub-Commissions shall declare the constituencies

where elections will be held at least 30 days in advance of the election. How-
Legal framework: ELECT ever, postponement of election may still be announced by the UEC due to con-
LAWS 3, 10, 11, 50; ELECT flict or natural disaster. Whenever possible, elections for all representative
BY-LAWS 34-47; UEC Law 3 chambers are held simultaneously, with the possibility of advance voting for
the cases stipulated in the law, and /or with the exception of areas affected
by conflict or natural disasters. There are no established thresholds or de-
tailed procedures for holding by-elections in case Parliamentary representa-
tives resign, decease or are disqualified.

ELECTORAL SYSTEM The election laws stipulate that the candidate obtaining the highest number
of votes in his constituency will be the winner.
Legal framework: CONST.
109, 141, 161; ELECT LAW
P.H 72; ELECT LAW A.H 48

PRESIDENTIAL
ELECTION
Legal framework: CONST.
59- 64, PRES ELECT LAW
4, 5; PRES ELECT BY-LAW
Chap 2,4
The President is elected by an electoral college formed of (a) elected repre-
sentatives of Amyotha Hluttaw, (b) elected representatives of Pyithu Hluttaw
(c) the Defense Services Personel nominated by the Commander in Chief of
the Defense Services for both Hluttaws. Each group shall elect one Vice-
President (who must not necessarily be an elected Hluttaw representative
but must fulfill the criteria set forth in Art. 59). Then the presidential Electoral
College elects the President from the three candidates, whereas the other
two become Vice-Presidents. The President or Vice-President has to vacate
their seats in the Hluttaw, if applicable, and shall not take part in party activi-
ties during their term of office.

6

PRESIDENTIAL ELECTION











President: CANDIDATE WITH THE HIGHEST NUMBER OF VOTES*
Vice-Presidents: THE TWO OTHER CANDIDATES







ELECTORAL COLLEGE VOTES ON THE THREE CANDIDATES
The Electoral College is composed of the Pyidaungsu Hluttaw, the combined chambers of

tion
Amyotha and Pyithu Hluttaws

Indir
Candidate 1 Candidate 2 Candidate 3



PRESIDENTIAL CANDIDATE PRESIDENTIAL CANDIDATE PRESIDENTIAL CANDIDATE
AMYOTHA HLUTTAW PYITHU HLUTTAW DEFENSE SERVICES
PERSONNEL
162 Elected representatives 330 Elected representatives
Amyotha Hluttaw Pyithu Hluttaw 166 Defense Services Personnel







Voters elect representatives Voters elect representatives Commander-in-Chief appoints
of Amyotha Hluttaw in general of Pyithu Hluttaw in general military representatives to
elections elections Amyotha and Pyithu Hluttaws





Direct Election
Election Management: Union
Election Commission







*In case of a tie, the Speaker will arrange for a recount of votes. If after that there is still no presidential candidate
winning a higher number of votes, the process will be conducted again, starting from the nomination of presidential
candidates by the three different groups forming the electoral college.

7
REGISTRATION OF VOTERS
ELIGIBILITY
Legal framework: CONST.
369(A), 391, 392; ELECT
LAWS 6, 7
The right to vote in Myanmar is given to all the citizens who are or turn 18
years of age on the day of elections. There are, however, some exceptions,
and the following groups are excluded :
• Members of religious orders,
• Persons serving a prison sentence,
• Persons adjudged to be of unsound mind,
• Persons declared as insolvent,
• Persons who lost citizenship or assumed foreign citizenship.

REGISTRATION
PROCESS
Legal framework: ELECT
LAWS 6, 13, 14, 15; ELECT
BY-LAWS 4,5,9,11,12,13
The list of eligible voters is prepared by the Township and Ward/ Village-Tract
Sub-Commissions ahead of election. Defense services personnel and persons
who are outside of the country in service of Myanmar, such as diplomats, or
eligible voters who are outside with the approval of the government, shall also
be eligible voters.
The law grants voters the right to request their inclusion in or corrections to the
voter list. It places the responsibility on the voter to actively request inclusion
(Form (3) corrections (Form (4C) or deletions (From A) in the voter list with the
Township or Ward/Village-Tract Sub-Commission. These forms should be submit-
ted up to 7 days after the display period. The Sub-Commission will scrutinize the
forms with supporting evidence and take a decision within 7 days. The law also
provides the opportunity for voters to object to a name in the voter list and re-
quest its deletion.
A person with disabilities or a person who does not know how to correct, add or
object can be helped by a member of the Ward or Village-Tract Sub-Commission.
If a person is not satisfied with the decision of the Ward or Village-Tract Sub-
Commission he/she can file an appeal to the Township Sub-Commission
within 3 days from the date of the decision.

TRANSPARENCY AND
SAFEGUARDS
Legal framework: ELECT
LAWS 16, 17, 18, 19, 21;
ELECT BY-LAWS 16,17; UEC
(22/2015)
The Township Sub-Commission and the Ward/ Village Sub-Commission
should compile and announce a list of registered voters in their area. Voters
can request corrections and additions to the list, they may also challenge
someone else’s registration. All Ward/Village-Tract Sub-Commission decisions
can be appealed at the Township level and decisions of the Township Sub-
Commissions are final.
Sub-Commissions have right to add persons to the supplementary voter list
or to delete ineligible voters even after the final voter list display period. In
case of a by-election, the Commission will use the list prepared for the
original election.

As additional measure, the UEC issues voter slip for eligible voters that includes :
Township, Ward/Village Tract, Polling Station number, serial number in voter list,
name, gender, date of birth, NRC number, father’s name, mother’s name and
address. The slip can be used by the voter on election-day but it does not prevent
those who have not received it to vote, as long as their names are on the voter
list.

8
VULNERABLE GROUPS
Legal framework: CONST.
Preamble, 22, Chapt. VIII,
348, 347 350, 456
WOMEN
Legal framework: ELECT
BY-LAWS 51b, Art. 7CEDAW
(accession in 1997)
The Constitution enshrines the principle of non-discrimination and equality
among the basic principles. Otherwise legal provisions for the protection of
rights of vulnerable groups, such as women, persons with disabilities and
internally displaced persons (IDPs) are scarce. Except for the Law on the
Rights of Person with Disabilities, there are no specific laws for the
protection of vulnerable groups and the electoral framework does not include
measures to promote either their political participation nor to ensure non-
discrimination of vulnerable groups.
Myanmar is party to the Convention on Elimination all forms of Discrimination
Against Women (CEDAW), which it acceded to in 1997. Article 7 of CEDAW
stipulates that “state parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the country
and, in particular, shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election
to all publicly elected bodies; (b) To participate in the formulation of govern-
ment policy and the implementation thereof and to hold public office and
perform all public functions at all levels of government; (c) To participate in
non-governmental organizations and associations concerned with the public
and political life of the country.”

While the Constitution explicitly forbids discrimination on the basis of gender,

there are no legal provisions to ensure equality. The only measure that exists
in the Legal framework is the provision for advance voting for those pregnant
women giving birth on election day.

PERSONS WITH Myanmar is a party to the Convention on the Rights of Persons with
DISABILITIES Disabilities (CRPD), acceded to in 2011. Article 29 of CRPD obligates the state
to ensure that persons with disabilities can effectively and fully participate in
Legal framework: CONST. political and public life on an equal basis with others, directly or through freely
10; ELECT BY-LAWS chosen representatives, including the right and opportunity for persons with
2,4,5,39,42,51, 18, disabilities to vote and be elected, inter alia, by: (i) Ensuring that voting
42b, 51b; CRPD 29 (accession procedures, facilities and materials are appropriate, accessible and easy to
in 2011) Law on the Rights understand and use;(ii) Protecting the right of persons with disabilities to vote
of Persons with Disabilities by secret ballot in elections and public referendums without intimidation, and
29,30,31(a) to stand for elections, to effectively hold office and perform all public
functions at all levels of government, facilitating the use of assistive and new
technologies where appropriate; (iii) Guaranteeing the free expression of the
will of persons with disabilities as electors and to this end, where necessary,
at their request, allowing assistance in voting by a person of their own choice.
Additionally, to promote actively an environment in which persons with
disabilities can effectively and fully participate in the conduct of public
affairs, without discrimination and on an equal basis with others, and
encourage their participation in public affairs, including: (i) Participation in
non-governmental organizations and associations concerned with the public
and political life of the country, and in the activities and administration of
political parties;(ii) Forming and joining organizations of persons with
disabilities to represent persons with disabilities at international, national,
regional and local levels.
The Law on the Rights of Persons with Disabilities codified the right of persons
with disabilities to vote for a particular Hluttaw, in secret and the right to be a
candidate to a Hluttaw. The law obligates the UEC to facilitate the exercise of
voting rights and stresses their inherent right to equality.
ELECT BY-LAWS specifically mentions persons with disability in voter
registration procedures. The law also provides for accessible and facilitated
voting for disabled voters. These voters may cast their vote assisted by a per-
son of their choice or, in their absence; the Polling Station Officer may support
the person with disability during the voting process. Persons with disability
may also make use of the advanced voting process.

MINORITIES Most rights are granted only to citizens. The constitution provides protection
for minorities’ languages. None of the legal acts require that electoral
Legal framework: CONST. materials or procedures are published in other language. National Races with
354(d) ; S/R ELECT LAW 3 sufficient population (0,1% of the respective constituency) may elect their own
representative to Region or State legislature in addition to regular Region or
State Hluttaw representative, according to the authorities´ decision to grant a
seat as Ethnic Affairs Minister in the respective constituency. There is no
provision for ensuring such representation at the Union level and there are no
positive measures, such as e.g. reserved seats for any of the elected posts.

INTERNALLY A person on a voter list is allowed to vote only in the constituency where they
DISPLACED PEOPLE are registered. Transfer is possible 30 days prior to Election day based on the
necessary forms. The current Legal framework does not provide for specific
Legal framework: ELECT measures to ensure the right to vote and be elected is enjoyed by displaced
LAWS 14 a, 15 persons who had to leave their constituency for example because of conflict
or natural disasters. Persons who were forced to change residence within
a country for such reasons are called “Internally Displaced Persons” (IDPs).
There is no legal clarity on IDP voting, as there are neither specific provision
for advance voting in their former constituencies or if they can be added to
voter list in the constituency where they presently live in or where the IDP
camps are located.

10

POLITICAL PARTIES
ELIGIBILITY TO FORM A
PARTY
Legal framework: CONST.
354; PARTIES LAW 4, 10
REQUIREMENTS TO
FORM A PARTY
Legal framework: CONST
404, 405; PARTIES LAW 6
RESTRICTIONS TO
PARTY MEMBERSHIP
Legal framework: CONST.
26, 64, 232, 234, 237, 239,
242, 244, 246, 285, 300, 301,
309, 310, 330, 333, 398, PAR-
TIES LAW 21
The right to form a political party is, in principle given to every citizen, ex-
cept those appointed to certain government offices. Myanmar requires all
parties to be registered and bans non-registered political organizations.
The right to register a party is restricted to citizens older than 25 years. The
threshold for being a party member is 18 years of age) and excludes:
• Members of religious orders
• Civil servants
• Convicts (persons serving a prison sentence)
• Persons who are members or in contact with insurgent groups, terrorists
and unlawful associations
• Narcotic law offenders
• Dual nationals
• Foreigners
Political parties are under obligation to adopt the objectives of “non-disinte-
gration of the Union, non-disintegration of national solidarity and perpetua-
tion of sovereignty”. They also must be loyal to the State and practice a “genu-
ine and discipline-flourishing” democratic system.
Following officials are not permitted to be members of political parties:
• Civil servants and members of the Union Civil Services Board
• President and Vice-Presidents
• Union Ministers and Deputy Ministers
• Attorney General and Deputy Attorney General
• Auditor General
• Chairman of Nay Pyi Taw Council
• Chief Justices of the Union, State, Region an Judges of the Supreme
Court, High Courts and Constitutional Tribunal
• Union Election Commissioners
A person can only be a registered member of one political party.
11

REGISTRATION OF
POLITICAL PARTIES
Legal framework: CONST.
405; PARTIES LAW 3, 5, 6, 8;
PARTIES BY-LAWS 7
BASIS FOR REJECTION
OF REGISTRATION OR
DISMISSAL OF POLITI-
CAL PARTIES
Legal framework: CONST.
402,407, 408; PARTIES LAW
7, 10, 12; PARTIES BY-LAWS
14,15
The UEC has the sole responsibility to register, reject registration or to sus-
pend or dismiss aparty, without possibility of appeal. The Application to
register a party must be supported by at least 15 founding members among
whom there should be an appointed party leader and deputy party leader.
As part of the application, the leader must submit Form (A)
• Name, flag and emblem (avoiding religious and secessionist references)
which differs from the insignia of already registered party
• Political ideology and program
• Internal regulations and structure
• Personal identification and citizenship documents
• Pledge to abide to the ideological and constitutional framework
• Pledge to enlist 1000 members within 90 days (or 500 in case of a regional
party)
• The registration fee of 300,000 kyats needs to be paid as prescribed by
the Commission along with Form (E).
Parties that were registered under the previous law were given 60 days to re-
apply and ensure compliance with the new law.
After scrutinizing the application, the Commission shall reply with Form (B) if the
party is accepted for registration or Form (C) if the application is rejected. Regis-
tration will be denied or revoked to organizations and parties if found to be:
• Involved directly or indirectly, including contacting, with insurgent groups,
terrorists and unlawful associations
• Receiving directly or indirectly any assistance from any foreign entity
(person, association or government) and religious orders
• Misusing State resources or illegally using resources
• Abusing religion for political purposes
• Having any unlawful association, under any law
• Unable to contest at least 3 seats in general elections or by elections
• Cancelling or not dismissing illegal persons from the party list
If a party is unable to file election candidates in at least three constituencies,
the registration of the party shall be cancelled.
12

OBLIGATIONS OF THE
PARTY
Legal framework: PARTIES
LAW 11, 14, 15,16,17,18, 23
& 24; PARTIES BY-LAWS 18;
WG R/S 39-41
PARTY FINANCES
Legal framework: PARTIES
LAW CHAPT. IV, PARTIES BY-
LAWS 19-23 Annual party bookkeeping must include:
Parties have responsibility to submit list of their members to the UEC. Parties
must comply with accounting requirements that include annual reporting of
collected fees, donations and profits from business owned by the party. The
UEC reserves the right to audit and engage other institutions of State in the
audit of accounts of the party, at any time. The UEC has a right and obliga-
tion to supervise Political Parties to act in accordance to the Political Party
Registration law and it may investigate, at any time, whether the party is in
compliance with this law and the adjacent regulations. The UEC may, in par-
ticular, require State/Region Sub-Commissions to monitor political parties’
adherence to the law.
If a complaint regarding a party’s internal affairs and its registration require-
ments are filed with the UEC, the UEC may investigate it, and if necessary
instruct the party to comply with the laws or revoke party registration. All
decisions of the UEC on political parties’ registration and revocation are final
and non-appealable.
Political parties are required to compile annual account books within 3
months from the end of each fiscal year. The UEC has a right to review these
account books if it deems necessary (for example, in case a complaint is filed
against the party), or instruct the relevant Sub-Commissions to do so.
• List of movable and immovable assets owned and purchased by the party;
• Registration and monthly fees collected from members;
• Donations received from Myanmar citizens who are present in the country;
• Cash or property donated by organizations, companies, or groups of com-
panies registered in Myanmar;
• Materials owned and purchased by the political party;
• Campaign expenditures for the party’s candidates;
• Expenditures of the party, including campaign expenditures;
• Cash or profits received from the businesses owned by the party.
13

CAMPAIGN EXPENDITURE
CANDIDATE
REGISTRATION FEE
Legal framework: ELECT BY-
LAWS 18 (c)
LIMITS ON CAMPAIGN
EXPENDITURES
Legal framework: PARTIES
BY-LAWS 21, 22
REPORTING CAMPAIGN
EXPENDITURES
Legal framework: PARTIES
BY-LAWS Chapt. 16 and 17;
ELECT LAWS 4(D), ELECT BY-
LAWS 80,-85, WG R/S 35,
UNCAC, Chapter II 7.3
The registration fee of 300,000 Kyats is applicable to the every candidate,
both nominated by parties and individual.
A party may spend 10 million Kyats for campaign expenditures per candidate
that contests a seat in general elections or by-elections. Such campaign
expenditures can be derived from money legally gained by respective candi-
dates or from party funds legally obtained.
Legal framework: PARTIES BY-LAWS Chapt. 16 and 17; ELECT LAWS 4(D),
ELECT BY-LAWS 80,-85, WG R/S 35
Reporting on party expenditures must be made to the State/Region Sub-
Commissions within 30 days after the elections results are announced. These
expenditures are to be filed in Form (20), which should be accompanied by an
affidavit signed by the candidate or their agent before a judge whose rank is
not lower than a Township-level judge.
Form (20) must include a list of itemized contributions and electoral
expenses, such as the cost of accommodation and travel; wages and travel
allowance paid to office staff, clerks and campaign managers; publishing and
printing costs; advertisement costs; costs for stationery and office materials;
communication costs; costs for campaign events; rent of vehicles and any
other election-related costs. False statement on Form (20) can be reason for
dis- qualification and grounds for fine and/or criminal liability.
After submission, the State/Region Sub-Commissions will scrutinize Form 20
within 2 days and post them publicly. Voters are able to obtain copies of Form
(20) at the price of 1000 Kyats each. Within seven days of receipt of Form (20),
State/Region Sub-Commissions will report to the UEC the number and names
of candidates who have failed to file Form (20), and those who have submitted
it on time. And whether those who have submitted Form (20) have fulfilled all
requirements set out in the law. These reports should also include
recommendations if any candidate of the concerned should be disqualified.
This report must be made available to the public. Not filing within the
deadline of Form (20) is grounds for disqualification. A recommendation for
disqualification by the Sub-commission can be challenged by the candidate at
the UEC (which may request investigation by the Election Tribunal, requiring it
to submit a report to the UEC for its final decision). Candidates can be
disqualified for failure to submit accounts of election expense. The
disqualification is only for the current term of the Hluttaws.
Article 7.3 of the United Nations Convention Against Corruption requires
that appropriate legislative and administrative measures are adopted to
enhance the transparency in the funding of candidates and political
parties. The Convention also requires establishment of effective anti-
corruption body, measures and systems for transparency, accountability,
public reporting and prevention of corruption including misuse of
resources and conflict of interest. No such measures exist in the legal
framework. Myanmar is a party to the Convention since 2012.
14

CANDIDACY
ELIGIBILITY
Legal framework: CONST.
395; ELECT LAWS 8, 10;
ELECT BY-LAWS 27
Legal framework: CONST.
161 (b), (c)
The Constitution gives, in principle, the right to be a candidate to every citizen
except to those categories explicitly disqualified by the ELECT LAWS.
The election law defines the following eligibility criteria:
• 25 years of age; 30 years for Amyotha Hluttaw
• 10 years of residence in Myanmar
• Registered voter
• Both parents must be citizens
• Qualification requirement (Section 8 of Amyotha Hluttaw Law)
Eligibility to stand for election is explicitly denied to:
• Convicts (persons serving a prison sentence)
• Persons who committed electoral malpractice in the past or caused dis-
qualification of elected representative
• Mentally incapacitated person
• Insolvent person, as determined by court
• Foreign and dual national and person who owes allegiance to a foreign
country
• Naturalized and associate citizens
• Persons who, directly or indirectly, receive support from any foreign entity,
government or religious order
• Persons who use religion for political purposes
• Persons who call to vote or not to vote
• Civil services personnel (except the military for the reserved seats)
Ethnic representatives:
Representatives of an ethnic community, which has a population equal or
greater than 0,1% of the national population of Myanmar, may stand as candi-
dates for National Races Affairs Minister- the decision on the eligibility of the
respective community to vote a National Races Affairs Minister rests with the
authorities. If an ethnic minority are the majority within their State/Region, or
live within a state/region where the ethnic group already has a self-adminis-
tered district/zone, this group may not be eligible for an ethnic representative.
15


CANDIDATE RIGHTS Candidates have the right to stand for election, to hold rallies and to cam-
AND OBLIGATIONS paign. Every candidate may appoint an agent, who will represent them during
the campaign period and who will maintain record of all expenditures incurred
Legal framework: ELECT during the campaign. Elected representatives may be disqualified and lose
LAWS 9, 11; 29, ELECT BY- their seat in the following circumstances:
LAWS 22, CD

• Converted into a member of religious order permanently
• Unsound mind
• Adjudged insolvent by a court
• Sentenced to imprisonment
• Designated to cease to be a citizen
• Discovered that parents are not citizen
• Discovered to have been financed and paying allegiance to foreign country
• Involved in an unlawful activity
• Resigns or withdraws from elected status

REGISTRATION OF Candidates contest a seat in one constituency only and may submit the can-
CANDIDATES didacy application to the UEC at the level in which they are contesting. Candi-
dates may represent a political party or contest the elections independently.
Legal framework: CONST. Candidates need to submit Form (6) along with 2 copies of CV (in the format
393, ELECT LAWS 9, 22, 23, decided by the UEC) and a proof of payment of a deposit of 300 000 Kyats at
26, 27; ELECT BY-LAWS the Myanmar Economic Bank Branch.
18,19, 20
The UEC Sub-Commissions at the District or Region/State Sub-commissions
will scrutinize the applications and decide on candidate nomination. Applica-
tions may be challenged by other candidates, provided they submit sufficient
evidence to prove that the candidate does not fulfill application criteria. Can-
didates may appeal decisions to the higher-level commission (Region/State or
UEC). Those decisions are final and cannot be appealed.

REGISTRATION FEE
Legal framework: ELECT BY-
LAWS 18 (C), 37,38, 73,74, 77,
80, 82, 83
The nomination submission consists of Form (6) completed along with a de-
posit of 300 000 Kyats, payable at the Myanmar Economic Bank. This deposit
is refundable in case the nomination is rejected, withdrawn, if the election is
postponed, if the candidate dies, or if the candidate looses the elections ob-
taining 1/8th or more of the votes in his constituency.
A candidate may incur campaign expenditures not exceeding 10 million Kyats.
The candidate agent is responsible for recording campaign expenditures.
After 30 days of announcement of results by State/Region Sub-commissions,
the report of electoral expenditures (Form (20) has to be submitted to the
respective District Sub-Commission. If not submitted elected candidate can
be disqualified and or banned from running in the next by-elections.

WITHDRAWALS If a candidate wishes to withdraw from elections, Form (9) must be submitted
to the District Sub-Commission, or to the State/region Sub-Commission in
Legal framework: ELECT BY- case of ethnic representative candidates.
LAWS33,34

16

DISQUALIFICATION
Legal framework: CONST.
38, 396, 121, ELECT LAWS
11,12; ELECT BY-LAWS 27, 35
COMPLAINTS AND
APPEALS REGARDING
NOMINATIONS
Legal framework: CONST.
396; ELECT LAWS P.H 25, 45,
53; ELECT BY-LAWS 30, 33
The District Sub-commissions scrutinizes nominations. Rejections may be
made if there is sufficient evidence that candidacy criteria are not met. The
District Sub-Commissions prepare the list of the names of the accepted Hlut-
taw candidates in alphabetical order, which is then submitted to the State/
Region Sub-Commission.
Candidates and representatives may be recalled in the following cases:
• Fraud while filling the nomination paper
• Not fulfilling the criteria to be elected according to election laws section 11:
• Converting into a member of religious order permanently
• Unsound mind
• Insolvent by the relevant court
• Being sentences to imprisonment
• Being designated to cease to be a citizen
• If it is discovered that parents are foreigners
• Getting close to a foreign country
• Involved into an unlawful activity
Any candidate can file an objection against the nomination of another candi-
date. This shall be submitted to the District Sub-Commission or to the State/
region Sub-Commission if an ethnic representatives candidate is concerned.
By doing so, the objector alleged that the candidate is not eligible to contest
or to be candidate agent. There is no filing fee for submitting an objection.
A person who is not satisfied with the announcement of approved candidate
can file an appeal to the State/ Region Sub-Commission, or to the UEC in case
of ethnic representatives candidates. This shall be done within 7 days after
the announcement. There is no filing fee for an appeal.
17

CAMPAIGNING
THE RIGHT TO FREE
EXPRESSION
Legal framework: CONST.
354, 364, 365, 404
CAMPAIGN PERIOD
Legal framework: CD 3, UEC
Notification 1-11-15
RALLIES AND PUBLIC
EVENTS
Legal framework: CD 5
APPLICATION PRO-
CESS FOR CAMPAIGN
EVENTS
Legal framework: CD 10
CAMPAING MATERIAL
Legal framework: ELECT
LAWS Chap 13-14; COC
2.2.D; CD 10(C), 14
CAMPAINGNING IN
STATE MEDIA
Legal framework: CD 2
ELECTION-DAY
CAMPAIGNING
Legal framework: ELECT
LAWS 60; CD 3
The Constitution enshrines the right to express and publish opinions and the
right to peaceful assembly. However, the Constitution protects these rights for
citizens only and limits these freedoms by requiring that they not be contrary
to laws enacted for the union security, prevalence of law and order,
community peace and tranquility or public order and morality. The constitution
also prohibits any “abuse religion for political purposes” or any expression
that is “detrimental to national solidarity”. Other related laws, such as the
Peaceful Assembly Law, the Electronic Transaction laws and the Official
Secrets Act also do so.
The campaign period is 60 days. The day before election-day starts the silence
period, which means that all campaigning has to stop as of the day before and
on election-day.
Within 15 days of being nominated, candidates have to submit their campaign
plan, indicating time and place of rallies and speeches. These have to be
approved by the respective Sub-Commissions. For meetings and speeches
within the parties´ premises, only a notification is required.
In order to apply for a rally, the candidate has to demonstrate a high level of
organization, security, and that the march would not disturb public places:
government facilities, hospital, schools and crowded places.
The party applies to the relevant Sub-Commission, which has to review the
application and decide on its approval letter at least 72h before the rally. A
formal approval letter is required for rallies and speeches in public places,
whereas parties only have to notify the Sub-Commission and do not need
formal approval f they hold the campaign event in their party´s offices or its
headquarters.
In case application is rejected, the applicant may appeal to the higher level
Sub-Commission within 3 days.
Use of public buildings for campaigning is prohibited. Parties are al- lowed to
distribute leaflets and materials informing of their platforms. There are no
regulations with regards to size of billboards or posters. However, silent day
(day before elections) shall be observed and parties shall not conduct any
campaigning within 500 yards of the polling station.
All parties are granted 15 minutes of free air-time on public TV and radio. To
be granted the free air time Parties must be formally requested UEC’s and when
doing so shall submit their speeches is 7 days beforehand.
Campaigning shall end one day before election-day. Campaign activities in the
polling station and within 500 yards of the polling station are prohibited.
18
 CAMPAIGN FINANCE
Legal framework: ELECT
LAWS 55; BY-LAWS ART 77,
80 to 85, CD 17; COC 2.2.D,
PARTIES LAW CHAPT. IV,
PARTIES BY-LAW 19-23,
UNCAC 7.3
The laws require candidates, through their agents, to keep the accounts of
the expenses for campaign and to submit them to the UEC. The law limits the
campaign expenditure to 100,000 MMK and requires candidates to submit
the expenditure report within 30 days of announcement of results. The
voluntary CoC commits parties to avoid misuse of state resources for
campaigning purposes. Political Parties are not required to provide or
make public detailed statements of accounts relating to the campaign
period. Their obligation is limited to compiling annual account books
within 3 months after a fiscal year. These books can be reviewed by the
UEC if deemed necessary.
Candidates can be disqualified for failure to submit account of expense.
The disqualification is only for the current term of the Hluttaws.
Article 7.3 of the United Nations Convention against Corruption
requires that appropriate legislative and administrative measures are
adopted to enhance the transparency in the funding of candidates
and political parties. The Convention also requires establishment of
effective anti- corruption body, measures and systems for
transparency, accountability, public reporting and prevention of
corruption including misuse of resources and conflict of interest.
(CHAPTER II of the Convention) Myanmar is a party to the
Convention since 2012

ADVANCE VOTING
Legal framework: ELECT
LAWS 45, 46,47; ELECT BY-
LAWS 51, 54, 56, 57, 59(b),
70 (b).
ADVANCE VOTING
OUTSIDE OF A VOTER’S
CONSTITUENCY
Legal framework: ELECT
BYLAWS Chap 11; 54, 56, 62;
UEC (4/165)
There are 3 types of advance voting, when (a) a voter is in the country, but out
of his assigned constituency on election day, (b) when a voter is in his
constituency but is not able to vote on election day for particular reasons
foreseen in the law, and (c) when a voter resides outside of the country with
the permission of the Government. Out of country voting is considered a form
of outside constituency voting.
The procedure for registration of advance voting and casting the ballot is pre-
scribed in the by-laws:
Eligibility: Every citizen that is entitled to vote and falls under the criteria
listed below, is eligible for the advance voting.
• Defense Services Personnel and members of their households
• Students and trainees
• Detainees
• Hospitalised patients
• Persons abroad with the permission of the Government
• Other voters who are out of constituency
Registration: The voter shall apply as advance voter at the Ward/Village-Tract
Sub-Commission and request for the insertion of his/her name in the Advance
Voter List (Form (1-1). The Head of Department/Office where the voter resides
shall re- quest the Form 15 and forward it to respective Township Sub-
Commission, who will, after scrutinize then, forward it to the concerned
Ward/Village Sub-Com- mission for verification. If eligible, the Ward/Village-
Tract Sub-Commission will include the name of the voter in the Advance Voter
List (Form (1-1).
Voting process: To facilitate the distribution of advance ballot paper to the
correct Township Sub-Commission, advance ballots will be put into
envelopes. These envelopes will have the official seal of The Township Sub-
Com- mission, the name of the constituency, name of Ward/ Village Sub-
Commission.
After receiving each envelope with the cast advance ballot papers, the
relevant Department Head/Rector/Principal/Chief of Police Station Detention
Center/ Prison shall scrutinize the names of the constituency and Ward/
Village-Tract. The envelopes containing the cast advance ballots are then kept
in tamper-evident bags and will be sent to the respective Township Sub-Com-
mission before 4 pm on election-day. The votes will be counted at The Town-
ship Sub-Commission and the results will be reported in Forms (18) and (18A).
19
 ADVANCE VOTING
INSIDE OF A VOTER¨S
CONSTITUENCY
Legal framework: ELECT BY-
LAWS 51 b,d,e,f,g,h; 52, 53
Eligibility: Every citizen that is entitled to vote but who cannot come to the
polling station because of being seriously ill, old age, in custody, at the
hospital, or a person from the civil personnel shall be able to vote.
Registration: The Ward/Village-Tract Sub-Commission shall contact the
eligible voter for advance voting and arrange the voting process with them
or/ and their custodian.
Voting process: The Ward/Village-Tract Sub-Commission is responsible for
arranging the advance voting at a specific date and time that the UEC will
announce. The process depends on the category of voters:
• For seriously ill, old or women giving birth at home, the Ward or Village-
Tract Sub-Commission will send two of its members prior to election day
and facilitate their vote.
• The medical superintendent will be the relay between the Ward or Village-
Tract member and the in-patient. S/he will carry the ballot papers directly
to the patients.
• A person in custody will have the possibility to give its ballot paper to the
Head of Institution who will return it to the member of the Ward or Village-
Tract Sub-Commission.
• Advance voters inside constituency can vote at their Ward/Village-Tract
Sub-Commission between 8am and 4pm from 6th of November to 7th
November 2015. After being stamped by the voter, the ballots are placed
inside envelopes and then in the sealed ballot box for advance voting.
Ballots for all Hluttaws ballots will be cast in the same advance voting
ballot box. No ink is used for advance voters.
• The sealed ballot box containing the advance votes will be sent to the
respective Polling Station on election day-together with Form (13) which
is the list of voters that casted their vote in advance.
• The advance votes will be counted after closing the Polling Station and
will be tabulated in Form (16) and (16A).
20


OUT OF COUNTRY Eligibility: Every citizen that is entitled to vote, able to show documentary
ADVANCE VOTING evidence that she or he will be out of the country and that is allowed by the
Government, is eligible for advance voting.
Legal framework: ELECT BY-
LAWS 57,58,59 Registration: The registration is done at the Myanmar Embassy, where the
concerned eligible voter has to submit Form (15). After being scrutinized by
the Ministry of Foreign Affairs and the UEC, the forms are sent to The Town-
ship Sub-Commission concerned, who has to forward it to the relevant Ward/
Village Sub-Commission. The name of eligible advance voters for out of
country advance voting are recorded in Form (1-3). A copy of this Form is kept
at the Ward/village Sub-Commission, another copy is sent to the respective
Township Sub-Commission

Voting process: The Township Sub-Commission sends the ballots for advance
voting and their envelopes to the Ministry of Foreign Affairs, who is responsible
of forwarding them to the respective Embassy. Each Embassy is responsible to
hold the voting process. Ballots should be put into envelopes and sealed. In
order to facilitate the transportation of the ballots to the relevant Township
Sub-Commission, each Township Sub-Commission has to affix it official seal
on the counterfoils of the advance ballot paper and sign on the back side of
the ballot.

They will be sent to The Township Sub-Commission up until 4pm on election-
day, and will be counted on that day. The results will be reported in Forms
(18), (18A).

ADVANCE VOTING FOR The staff from each respective ministry that will need to work on Election Day
GOVERNMENT AND and/or that needs to travel before 6 and 7 of November, is allowed to cast
CIVIL SERVICES advance vote 10 days ahead of the election from 8am to 6pm.
PERSONAL ON DUTY
DURING E-DAY Prior to casting their ballots at the Ward/Village Sub-commission, the ministry staff
requiring to vote in advance needs a recommendation letter from the respective
Legal framework: UEC. ministry.
(4/180)

ADVANCE VOTING FOR If the Defense Service Personnel and the members of their households are
DEFENSE SERVICES out of their constituency, advance voting will be arranged for them, at a place
PERSONNEL designated by the most responsible person of the military unit. The ballots
casted will be put in an envelope and closed safely. The envelopes are
Legal framework: ELECT BY- collected and send to the Commanding Officer.
LAWS 60
Ballots of the military and diplomats who voted in advance are to be sent to
the respective Township Sub-Commission until 4:00pm of election-day and
results will be reported in Forms (18), (18A).

21
 VOTING, COUNTING AND
PUBLICATION OF RESULTS
POLLING STATION
LOCATIONS
Legal framework: ELECT
LAWS 36, 38, 41; ELECT BY-
LAWS 39 (a); WG Polling Sta-
tion officer 4.
POLLING STATION MA-
TERIALS
Legal framework: ELECT
LAWS 36, 37, 38, 41; ELECT
BY-LAWS 39(b); WG Poll-
ing Station officer 4; UEC
Manual Polling Station of-
ficer 1.9.
POLLING STATION
MEMEBERS
Legal framework: ELECT
LAWS 39, ELECT BY-LAWS
39(c), WG Polling Station Of-
ficer 5-10, UEC Manual 1.4
The location of the polling stations shall be announced by the UEC at least 30
days in advance of the elections. If there is only one candidate contesting a
seat for a Hluttaw constituency, the election will not take place and the con-
cerned Region or State Sub-Commission will declare the only candidate as
Hluttaw representative.
List of the required forms and materials for the polling station includes:
• Voter list
• Polling booth to ensure the secrecy of the vote
• Sufficient number of ballot booklets, (in packs of 50 ballots, each polling
station should receive sufficient booklets for all registered voters)
• Ballot boxes
• The administrative forms
• Stamps
• Ink
• Seals
• Pen
• Bags
• A candle and lighter (to prepare the seals).
Polling officials are civil servants appointed by the Township Sub-Commission.
The Commission may also appoint “trusted and respected” voters to join the
polling team.
The Polling station team is composed of:
• Polling Station Officer
• Deputy Polling Station Officer,
• Voter List Checker
• Ballot Paper issuers,
• Polling Station Security Agent
• Ink Marker.
The overall responsibility for the polling station and the polling station team
rests with the Polling Station Officer.
22
 VOTING The Constitution enshrines the right to political participation of citizens
through a secret vote. The UEC officially calls for elections and sets the date
ELECT LAWS 41, 42, 43,44; for the poll, which is then a public holiday. Polling should take place in all
ELECT BY-LAWS39,41, 46,47, constituencies where more than one candidate contest a seat. The UEC
50(c); WG Polling booth of- has the right to cancel elections in some constituencies in circumstances
ficer 5,6,7,8,9 such as natural disaster or conflict.

Polling is conducted from 06:00 to 16:00. If at the time of closing, there are
still eligible voters queuing up to vote, they should be allowed to cast their
vote. Voting process will be conducted in the following manner:

1. When the voter enters the polling station, the security polling station staff
checks his left little finger to see if that person has already voted.

2. Then, the voter list checker verifies the identity of the voter (through the
voter identification slip/ NRC/witnesses) and that the voter is on the voter
list, if yes, the voter will sign or thumbprint the voter list.

3. The Ballot Paper issuer will then ask the voter to sign the counterfoil of
the ballot before s/he issues the ballot.

4. The voter then goes behind the indicated screen and stamps the ballot. For
the vote to be valid, the stamp choosing the candidate must fit in the
allocated space and only one candidate per ballot can be stamped. The ballot
should then be folded and placed into the ballot box. ( 41-b)

5. Voters have to repeat the process for all the Hluttaw/Ethnic Represen-
tatives´ candidates competing in the respective constituency.

6. Each voter will have to mark his petty finger with indelible ink before exit-
ing the polling station.

If a voter is not able to vote by himself s/he can choose to be assisted by his/her
relatives. In absence of such a person, the Polling Station Officer may
designate a person to assist the person in casting their vote.

If the voting is interrupted because of unlawful actions at the polling station,
the polling station officer can stop or annul the vote.

In case irregularities are reported, the Polling Station Officer can also seek
advice from the respective higher level Sub-commission on election-day and
should record any incident in the designated Log-Form. Polling Station Officer
may also request support from the police officer on duty in case of serious
incident or security breach.

23
 COUNTING The polling station will close at 4pm, or earlier provided that all voters on the
list came to cast their vote. If some voters are still queuing at 4.00 pm, they
Legal framework: ELECT should be allowed to cast their vote even after closing time.
LAWS 48; ELECT BY-LAWS
65, 66, 67, 69, UEC Counting procedures for each Hluttaw election, State/Region and Ethnic
(11/2015) Representatives are the same. Votes are counted by the Polling Station
Officer or the polling station staff designated by him/her, in presence of the
polling station membered, candidates’ agents and at least 10 witnesses (4
voters and 6 polling station members), who must be voters of the respective
polling station. All witnesses are required to sign Form (16).

To prepare for the counting, tables should be displayed in the middle of the
room and the baskets to sort counted & uncounted ballots, preparing one
basket for each candidate. Before starting to count the cast ballots in
respective ballot box, the Polling Station Official shall first count the
unused ballots and record them in Form (16-A). Every unused ballot paper
that carries the Polling Station Official´s signature must be cancelled.

1- Before breaking the seals, the Polling Station Officer will show the serial
number of each of the seals to all witnesses, agents and observers. All
ballot boxes will be opened in front of the witnesses, observers and
candidate agents. (Observers could double check the numbers of the seals
if they re- corded them at the opening time.)

2- First, the total number of ballots will be counted and the Polling Station
Officer shall check if the number of ballots matches the number of ballots
issued, as recorded in Forms (16) and (16A)

3- The advance votes will be counted first, then Pyithu Hluttaw, then
Amyotha Hluttaw, then State/Region Parliament and then, if applicable, the
Ethnic Representative.

4- The Polling Station Officer shall scrutinize each ballot and, if it is valid,
shall put it in the basket of the respective candidate. The number invalid
ballots shall be recorded in Form (17) and (17A), both to be signed by the
Polling Station Officer.

5- The Polling Station Officer should check that the total number of ballot
issued at the polling station fits the number of ballot in the ballot box and
record this in Form (16) and Form (16A). The number invalid ballots shall be
recorded in Form (17) and (17A), both to be signed by the Polling Station
Officer

6- The ballots for each respective candidate will be counted, bundling each
ten votes together, and inserting a serial number on each ballot paper and
recording the votes for each candidate on a separate tally sheet.

24

TABULATION OF
RESULTS AT TOWNSHIP
LEVEL
Legal framework: ELECT
LAWS 48; ELECT BYLAWS 67,
68; WG TWSH.
TABULATION OF RE-
SULTS AT THE DISTRICT
SUB-COMMISSION/
SELF-ADMINISTERED
SUB-COMMISSION,
zONE/SELF-ADMINIS-
TERED DIVISION SUB-
COMMISSION/NAYPY-
ITAW SUB-COMMISSION
(AMYOTHA HLUTTAW
RESULTS)
Legal framework: ELECT
LAWS 49; ELECT BYLAWS
68; ELECT LAWS R/S 48
7- 5 copies of Form (16) and Form (16A) should be made, signed by the Poll-
ing Station Officer, Deputy Polling Station Officer, polling station staff and
at least 4 witnesses. They will be distributed as follows: The Township Sub-
Commission (1); the Ward/ Village-Tract Sub-Commission (2); polling station
(1), displayed at polling station (1).
8- Then the ballots will be distributed in the bags: (A) 1 bag for all valid
advance ballot and polling station ballots (B) 1 bag for invalid ballots and (C) 1
bag for unused ballots, Form (16), Forms (17) and (17A) and the advance
voting receipt). All three bags will be sealed, each bag clearly stating the
name of the candidate, the constituency, Ward/Village-Tract Sub-Commission
and the number of polling station.
9- All three (A-C) bags should be finally gathered in (D) one big bag and
brought to The Township Sub-Commission.
During the entire counting process at the polling station, every candidate,
candidate agents, and observers have the right to view the ballot papers, the
ballot box seal or the transportation bags´ seal. Special arrangements should
thus be made to ensure visibility of the counting to observers.
The Township Sub-Commission will also receive advance voting (inside
constituency and out-of papers until 4:OO pm on election-day. The number of
votes obtained by the candidates from advance vote should be recorded in
Form (18) with the presence of the witnesses and candidates or their election
agents.
The results reported by the polling stations in Forms (16), (16A) are
aggregated at The Township Sub-Commission in the presence of candidate
agents. The Township Sub-Commission will aggregate the votes reported in
the Forms (16), and (16A) with the outside constituency and out of country
advance voting results it reported in Forms (18), (18A) and include these
aggregated results in Form (19). The Township Sub-Commission shall make
Form (19) public and send it to the relevant District Sub-Commission/
Self-Administered Zone Sub-Commission, Self-Administered Division
Sub-Commission/Naypyidaw Sub-Commission or to the Region/State Sub-
Commission in the case of Pyithu Hluttaw and State/Region representatives,
including ethnic representative.
The District/Naypyitaw/Self-Administered Division/Self-Administered Zone
Sub-Commissions receive the Form (19) as prepared by The Township Sub-
Commissions and, for the Amyotha Hluttaw constituencies that have more
than one district, will prepare Form (19B). The relevant District/Naypyitaw/
Self-Administered Division/Self-Administered Zone Sub-Commission will
send Forms (19) and (19A) to the relevant State/Region Sub-Commission.
25


ANNOUNCEMENT OF Results of the tabulation are transferred by the Township Sub-Commission or

RESULTS the District Sub-Commission (Amyotha Hluttaw) to the Region or State Sub-

Commission, which then officially announces the results and declares the
Legal framework: ELECT elected candidate. There is no deadline for announcing the results in the legal
LAWS 49; ELECT BY-LAWS or regulatory framework.
72; ELECT LAW R/S 49;
The UEC issues the certificate of recognition of the validity of the results. The
official results will also be published in the gazette.

APPEALS ON THE Until 45 days after the results of the election are officially announced, any
RESULTS eligible voter or candidate can file a complaint against an elected

representative with the UEC, alleging that the representative has been
Legal framework: CONST elected by illegal acts as defined in Chapter XIV for the electoral law (e.g.
399; ELECT LAWS 67,68; campaign finance, bribery, illegal campaigning). The fee for filing such
ELECT BY-LAWS Chap 14 complaint is 500 000 Kyats.
section 87, 88,89

The UEC will then decide to form an Election Tribunal to adjudicate the
objection and start investigation. In addition, there is a possibility to appeal
the Election Tribunal´s decision within 15 days of its date to the Commission.
The appeal will be adjudicated by the Board of Commissioners at the UEC,
who is the last instance, its decision being final with no additional possibility
of appeal. The appeal fee is 500.000 Kyats.

26
 27
SCRUTINY & OBSERVATION
RIGHTS OF CANDIDATE
AGENTS
Elect Laws 29,40, 48
Election by Laws 23, 45,
51,71
Electoral laws allow appointment of agents by each candidate. Agents have
the right to represent the candidate during the electoral process at the UEC
and to observe the polling on behalf of the candidate. Candidate’s agent and
assistant agent must be registered voters and provide their consent.
Candidate Agents will be accredited by the respective Sub-Commission.
Their rights to observe are specifically outlined in the law:

• Agents have the right to be present at the polling station and observer
voting and counting on Election Day.
• Agents can are allowed to observer inside-constituency advance voting.
• Agents have the right to view the rejected ballots (judged invalid) while
counting process is going on.
• Agents have the right to assist in counting process and reporting on Form
(16) at The Township Sub Commission in case the voting was interrupted
at the polling station.
Agents representing candidates may be appointed by the candidate at two
instances: at the filing of the candidacy application and at the polling station.

RIGHTS AND Election laws do not mention rights of election observers, but the UEC Codes
OBLIGATIONS OF NON- of Conduct and Procedures for Domestic and International Observers outline
PARTISAN them in detail. The Working Guidelines for Polling Station Officer require the
ELECTION OBSERVERS Polling Station Officer to allow observers to enter into the polling station, as
long as they don’t obstruct the voting process. The Working Guidelines for
Township Sub-Commissions stipulate that observers should be allowed to
Elect Laws 90
observe the counting of advance votes received before 4pm on election day.
IO PROC 29,30
IO COC
DO PROC 29-31
DO COC
WG W/V 64

28


ACCREDITATION To observe, both Domestic and International observers must be accredited

PROCESS with the UEC. They must abide by the Code of Conduct for Election Observers
provisioned by Union Election Commission. The Codes of Conduct for Election
DO PROC 14-20 set out the rights and duties of observers, including access to the vote,
IO PROC 14-21 counting and results list tabulation process, respecting the laws of the
country and re- porting to the Union Election Commission on the findings of
their observation. If the organization is found to be in violation of these duties
its accreditation will be revoked. Only organisations may apply as election
observers, with the exception of diplomats or members of consulates, who can
register as individuals.

Domestic Observers: The application process for domestic observers depends
on the areas they want to observe. They must complete a “Request Form for
Accreditation for Election Observation” and:

(a) Apply at the Union Election Commission if they want to conduct electoral
observation in more than one Region or State.

(b) Apply at the respective Naypyitaw Election Sub-Commission, or Region
or State Election Sub-Commission if they want to conduct electoral
observation in more than one District or Self-administered Division or
Self- administered Zone of a Region or a State.

(c) Apply at the respective Self-administered Division or Zone Election Sub
commission or District Election Sub-commission if they want to conduct
electoral observation in more than one Township of a Self-administered
Division or Self-administered Zone or District.

(d) Apply at the respective Township Election Sub-commission if they want
to conduct electoral observation in only one Township.

International Observers: International observers must first obtain a
Memorandum of Understanding with the UEC before they can apply for
accreditation.

When applying for accreditation, the international observer organisation shall
submit a duly completed and signed “Request Form for Accreditation of Inter-
national Election Observation” and adjoin aldocuments stipulated in Art. 19 of
IO PROC. The UEC may verify the information provided with the concerned
EMBs or Embassies, as well as with any other relevant organizations referred
to in its application.

Deadlines: The registration period starts from the announcement of elections
and ends 15 days before Election Day.

The respective Commissions must scrutinize the documents submitted by
Observers within 3 days from the moment of receipt; (b) Observers whose
submissions have inadequate documents shall be given 5 days after they
have received the notification letter to complete the documents. (c) To reply
to the completed applications within 7 days from the moment they have been
scrutinized.

OTHER TRANSPARENCY The Guidelines for polling staff bind them to allow the presence of candidates’
MEASURES agents, accredited observers to enter the polling station. In addition, agents,
observers and 4 voters will observe the counting process at the polling station.
ELECT LAWS 48 ELECTION Agents and observes may also observe the counting of outside-constituency
BY LAWS 15B, 66, 8; advance votes at The Township Sub-Commissions.

WG Polling Station Officer 8, Observers may purchase copies of the Election Expenditure Form (20) posted
17WG TWSP 34 c at the State/Region Sub-Commissions 32 days after official announcement of
winning candidates.

29

ELECTION DISPUTE RESOLUTION
COMPLAINTS AND AP-
PEALS REGARDING THE
ELECTORAL PROCESS
Legal framework: CONST
276, 399; UEC LAW 10(h) (i)
(j), 11; ELECT LAW 53, 54;
UEC EDR.
Each alleged violation of the Legal framework for elections will be solved
based on a different set of rules and procedures including deadlines and for-
mat for complainants. These are the following issues that can be subject of a
complaint:
• Eligibility of a candidate to run for elections
• Illegal or unlawful campaigning
• Hate speech and incitement to violence
• Irregularities during voting our counting: fraud, malpractice, intimidation
• Election expenditures
• Voter list
Complaints and appeals regarding violations of the Legal framework for elec-
tions may be adjudicated by:
• Different levels of UEC Sub-Commissions,
• UEC
• Criminal authorities (police & criminal courts)
The jurisdiction - the power to take decision on a complaint - of the UEC or
the Criminal court is determined by nature of allegations and the filing com-
plaints period.
Article 54 of ELECT LAWS grant the UEC the power to take necessary
measures to hold successful free and fair election, which may include the
establishment of electoral tribunals or any other measure throughout the
process.
On June 12th 2015, the UEC established an alternative dispute resolution
mechanism, the Election Mediation Committees, which have the responsibility
to deal with any misunderstanding, problems or request for clarification
submitted by political parties or candidates at union and all sub-commission
levels. They address issues related to the pre-election period and to election-
day.
30
 COMPLAINTS DURING
THE PRE-ELECTION
PERIOD
Legal framework: ELECT
LAWS 17, 18, 27,53; Bylaws
11 (a) (c); 12
Legal framework: ELECT
LAWS 25(b), 53, ELECT BY-
LAWS 31,32.
PP COC (5.4.1c) & (8.1.3)
Legal framework: COC DO,
COC IO, PROC DO, PROC IO
Legal framework : CD10(f).
Voter registration: Voters have the right to complain in case they are left out of
voters’ list or if they want to challenge wrongful inclusion to the Ward/Village
Sub-Commission. The request of insertion is made with Form (3), the request
of correction is made with the Form (4-C). A request to delete a voter from the
voter list is called an objection and should be made based on Form (4).
A request/objection/ amendment has to be made until 14 days after the
announcement of the final voter list. The Ward or Village Subcommission
issues a decision within 7 days. An appeal to this decision can be submitted
to the Township Sub-Commission, within 3 days after the decision of the
Ward/ Village-Tract Sub-Commission. The Township Sub-Commission
decisions are final. There is no requirement to pay a filing fee or any other
charges.
Complaints and appeals on candidate registration: Any candidate or her/
his representative has the right to file an objection alleging that a candidate
contesting in the same constituency or her/his election agent is not eligible.
The objection shall be submitted on the time and day of the scrutiny at the
District Sub-Commission. (Except for Ethnic Hluttaw candidates, who will file
the objection at the Region/State Sub-Commission.)
Within 7 days, the concerned candidate and the challenging candidate (or his/
her agent) have the right to appeal the District Sub-Commissions decision to
accept or reject candidacy application at the Region or State Subcommission,
whose decisions are final. The hearing of the cases at the Region or State
Sub-Commissions or UEC are open to the public. There is no filing fee either
for the complaint nor for the appeal.
Disputes amongst candidates or their parties: The Code of Conduct for
Political Parties and Candidates is not a legal instrument, it is a voluntary
commitment. However, the Chapt. 8 of the CoC set up a Monitoring Committee
of the CoC to address the most significant threat to peace. If necessary,
(signatories) can issue joint statements and request a retraction from the
candidate or political parties who is not fulfilling the principles enshrine in the
CoC. Also, upon the occurrence of acts of violence, (signatories) can
denounce them publicly, and take the necessary disciplinary action within the
Party when appropriate.
Accreditation of observers: An observer who was denied accreditation has
the right to object the decision of the Subcommission that refused to accredit
an observer to the higher-level Subcommission. This can be done up to 3days
after the decision is communicated. The decision of the relevant Subcommis-
sion can be appealed to the UEC. For international observers and nationwide
domestic observers decision made by UEC can be appealed to the UEC.
Rejection of the application to organize a campaign event: The candidate or
its election agent has the right to appeal the decision of the relevant Subcom-
mission to reject a rally to the higher-level Subcommission, to be filed within
3 days after the refusal was communicated. Decision shall be issued within 2
days.
31

COMPLAINTS ON
ELECTION-DAY
Legal framework: ELECT
LAW Chap 13
Legal framework: Hluttaw
ELECT LAWS Chap 14 art
66; ELECT LAWS 53, 86-87;
Working Guidelines Poll-
ing Officer Section 5 (xviii)
12,13, 14
Legal framework: Hlut-
taw election law section
Chap13& 14; 86,87; WG Poll-
ing Station Officer 14; Penal
Code of Myanmar - Chap 9 A
s.171(A)- s.171(J)
Election-day irregularities: On election-day, voters, observers, candidates
or party agents have the right to report any irregularity immediately to the
Polling Station Officer. Based on the severance of the irregularities, the
Polling Station Officer can introduce several remedies: issue a warning, stop
and postpone election, request assistance from the police or request a
person to leave the polling station. The Polling Station Officer has to report
these irregularities and her/his actions as soon as possible to the Ward or
Village-Tract Sub-Commission. He may also refer to the police if the
irregularity is related to criminal offenses.
Election-day malpractices: Malpractice, according to the definition in the
ELECT LAWS, is an action committed by a Hluttaw candidate, its agent or any
person approved by them (Art 66(a)) and any other person (Art. 66(g)).
These can be reported by any aggrieved person directly where the allegation
took place (polling station or anywhere else) or to the UEC. Any negligence
should be reported as soon as possible to ensure timely remedy. On election-
day, the Polling Station Officer has the power to take immediate action to stop
the violations.
Election-day offences: Anyone, being a voter, a candidate or a polling station
official, may file a complaint related to electoral offenses, as defined in
Chapter 13 of ELECT LAWS. Both the UEC and criminal courts have
competencies regarding election offenses.
Additionally, the UEC has the authority to establish an Electoral tribunal to
review such complaints.
If an Election Tribunal is set up, it may decide to invalidate the election if it
determines that the elected representative was involved in illegal acts or it
determines that the election process was sufficiently flawed to affect the
result.
The law provides that lodging criminal proceeding dishonestly and
fraudulently relating to election offences can be punishable by imprisonment
and/or a fine.
Election Tribunal: The Commission may choose to establish between two
different types of tribunals:
• Election Tribunal with a UEC commissioner chairing the tribunal and two
other commissioners as members
• A UEC commissioner chairing the tribunal and two suitable citizens who
are experts in law as members of the tribunal
32
 COMPLAINTS DURING If a candidate or a voter finds that the elected candidate has been unlawfully
THE POST-ELECTION elected, s/he can file an objection to the UEC who, will then set up an Election
PERIOD Tribunal based on the allegation. The objection should be filed within 45 days
after the announcement of the results, the fee for filing an objection amounts
Legal framework: CONST 500,000 Kyats.
402(b); ELECT LAWS Chapt.
. 15, ELECT BYLAWS 14 s.87, The objection will be put on display at the UEC on a notice board, allowing any
88; 90,96,97, 98, 99 voter or candidate to join the petition, upon filing of a fee.

An objector can withdraw their objection within a specific time but the Com-
mission and the tribunal can reject the demand if they find that the

withdrawal application has been made in a dishonest manner or due to undue
influence. If the violation is only related to criminal offenses, committed with
intent as defined under Chap 13 of the ELECT LAWS, the case will be dis-
missed and will fall under the jurisdiction of the Police or criminal courts.

The Election Tribunal will investigate the case following the rules stipulated
in the Civil Procedure Code. The decision of the tribunal should be published

in the official gazette giving notice for any possible appeal, which can be filed
with the UEC within 15 days. The fee for an appeal is 500,000 Kyats.

There is the possibility to withdraw the original petition or objection at any
stage, but the objector is still obliged pay the litigation cost. The demand to
withdraw will be made public and, within 15 days, any person can apply to be

substitute petitioner and pay 500,000 Kyats for the litigation cost. Even if the

objector is satisfied and is not filling an appeal, the UEC can decide to confirm
or reject the Electoral Tribunal´s decision.

During a hearing of the Tribunal, if the objector or respondent believe that the
Tribunal is legally mistaken, they can submit a request for revision based on a
question of law to the UEC. A fee of 300,000 Kyats will have to be paid.
ELECT LAW Art 66(f); ELECT
BYLAWS CHAPT. 13 s.88 Violations related to electoral expenditures: In case a candidate is accused
of not having submitted the required financial report to the relevant District
Sub-Commission, this candidate or her/his agent may file an appeal against
the Sub-Commission. The appeal can be made within 15 days from the display
of the list of candidates that were disqualified on the basis of violation of the
legal provisions for campaign expenditures.

The Commission will examine the complaint and will establish an Election
Tribunal to determine whether Hluttaw candidate should be disqualified. The
disqualification of candidates is effective for the current term only. The
Tribunal will submit a report to the UEC, who has final decision-making power
on whether or not to uphold the disqualification. The UEC’s decision is not
subject to appeal.

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