JAKARTA, KOMPAS – Voters that have transferred their registration are concentrated in certain regions for the 2019 election, raising concerns that polling stations in these regions could experience a shortage in ballot papers. The General Elections Commission (KPU) only provides ballot papers for polling stations according to the figures of the final voters list (DPT), plus 2 percent extra ballots.
Concerns were raised at a meeting on the provisional voter list (DPTb) on Thursday (21/2/2019) over the potential concentration of transferee voters in certain regions. A legal basis was urgently needed to provide additional ballot papers to polling stations in these regions, so transferee voters could exercise their right to vote.
The provisional voters list (DPTb) contains the names of voters who were on the DPT, but then transferred their registration to another polling station. Voters are required to notify election organizers of the change, so their names can be crossed out on the voter registry in their place of origin and be transferred to the registry in their preferred region.
KPU records on Feb. 17 showed that 275,923 voters had transferred their registration across 87,483 polling stations in 30,118 villages/subdistricts and 5,027 districts in 496 municipalities and regencies. These figures may still rise, as the KPU accommodates serves registration transfers up to 30 days before voting day on April 17.
“We have received reports of problems. Of the thousands of people on the DPTb, some can be accommodated but others cannot. This threatens their vote,” said KPU commissioner Viryan Azis on Thursday, following the DPTb recapitulation meeting at the KPU headquarters in Jakarta.
Problems have arisen because transferee voters are concentrated in certain regions. The KPU has received reports that these transferee voters were commonly found in areas near plantations and mining companies, which employ thousands of workers that live far from polling stations in residential areas. Concentrations of transferee voters were also found at educational institutions.
One polling station generally has 300 registered voters. This means that the 2 percent provision of extra ballots only amounts to six extra ballots. However, the data from regional elections commissions (KPUDs) indicates that some polling stations could serve up to 500 voters. Consequently, many transferee voters may not be able to vote due to a ballot paper shortage.
Legal constraints
Viryan said no legal solution was available for this problem. Law No. 7/2017 on the general elections only mandates the KPU to provide ballot papers to polling stations in accordance with the number of registered voters on the DPT, plus an additional 2 percent as reserves.
“The question is, where should we get the additional ballot papers? We need to consult with relevant parties on this issue. The KPU will maintain its stance of protecting the citizens’ right to vote,” said Viryan.
A suggestion was made to transfer ballot papers to polling stations facing shortages, but this was deemed risky and vulnerable to suspicious activities. “Technically, this will be difficult and may lead to new problems, as transferring ballot papers is a sensitive issue. Furthermore, we have already distributed the ballot papers,” he said.
The KPU plans send a letter requesting consultation with the House of Representatives Commission II. It would also ask the government and the Elections Supervisory Body (Bawaslu) to find a solution to the problem.
House Commission II deputy chair Mardani Ali Sera, of the Prosperous Justice Party (PKS) faction, said the KPU should be given the flexibility to fulfill the needs that had arisen from the provisional list. Lawmakers, the government and the KPU must discuss the issue and find a legal loophole that would allow the KPU to print more ballots and protect the people’s voting rights without violating the law. Mardani said that consultation meetings could be held without waiting for the House recess to end on March 4.
Perppu
Commission II deputy chair Ahmad Riza Patria of the Gerindra faction said that several options were on the table. One was the issuance of a Government Regulation in Lieu of Law (Perppu) to regulate the two issues that were not stipulated in either the Election Law or KPU regulations.
First, the KPU must be allowed to provide ballot papers to polling stations beyond the 2 percent-reserve rule. Second, citizens who had not yet obtained their electronic ID cards must be allowed to vote using letters of authority in place of electronic IDs.
Another option was to use reserve ballot papers from other polling stations if issuing a Perppu was not possible.
Bawaslu official Rahmat Bagja said that a Perppu could be an alternative solution. However, printing additional ballot papers for transferee voters must be considered carefully. “It needs to be clear, how many more ballot papers are needed, what types of ballot papers are needed for how many people and at which polling stations,” he said.
Network for Democracy and Electoral Integrity (Netgrit) executive director Sigit Pamungkas said that the DPTb problem could be resolved technically by transferring unused ballot papers from other polling stations to those polling stations facing a large number of transferee voters. Not all polling stations would see a 100 percent voter turnout, but a clear legal basis was still necessary. (REK/AGE)