Background Paper

The Elections Act, 2017

An Overview

February 2018
 Background Paper

The Elections Act, 2017

An Overview

February 2018
PILDAT is an independent, non-partisan and not-for-profit indigenous research and training institution with
the mission to strengthen democracy and democratic institutions in Pakistan.

PILDAT is a registered non-profit entity under the Societies Registration Act XXI of 1860, Pakistan.

Copyright © Pakistan Institute of Legislative Development And Transparency - PILDAT

All Rights Reserved

Printed in Pakistan

Published: February 2018

ISBN:978-969-558-709-6

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DAI-CDIP - Pakistan
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Main Blue Area, Islamabad, Pakistan Phone: +92-51-8449401-2
Background Paper
The Elections Act, 2017
An Overview
February 2018

CONTENTS
Preface 05
Context 07

Introduction to the Elections Act, 2017 07

Key amendments in the election laws as contained in the Elections Act, 2017 08
The Election Commission of Pakistan 08
Delimitation 09
Electoral Rolls 09
Conduct of Election 09
Election Expenses 11
Election Disputes 11
Political Parties 11
Code of Conduct 12
Special Measures for Women 12

List of Boxes:

Box 1: Eight laws merged into the new law 07

List of Tables
08
Table 1: Timeline of the passage of the Election Bills, 2017
Background Paper
The Elections Act, 2017
An Overview
February 2018

Preface
Preface
Political Parties are an essential component of any democratic system and the foundation of a strong
parliament. A very limited work has been done for the development of political parties in Pakistan. To optimise
another successful democratic transition in 2018, political parties must be supported and strengthened.
Tabeer-Consolidating Democracy in Pakistan (CDIP) is working to support the democratic processes in
Pakistan by strengthening the capacity of the country's institutions to be more effective, accountable and
responsive to the needs of Pakistani people. The programme will achieve this by focusing on four inter-
related areas: Elections, Parliament, Political Parties and Democratic Space.

To evaluate the current context for the provision of support, the Tabeer team conducted an assessment of the
needs of political parties in Pakistan and carried out analysis of recent political party programmes in order to
learn lessons and to focus on the gaps left. The assessment was aimed at examining the current state of
major political parties – identifying areas in which the parties have begun to adopt reform measures and
areas where further efforts are needed. During this exercise, Tabeer project team realised the need for
improving the understanding of Political Party Officials on the Election Laws especially after the parliament
passed a new Election Acts, 2017.

The team reached out to 13 selected political parties and briefed them on Tabeer's objectives. Responding to
the need identified by political parties, Tabeer has planned to develop a series of Background Papers on
various aspects of the Elections Act, 2017 and organise roundtables and briefing-cum-training sessions for
political parties officials in a multi-party setting. This Background Paper is the first in the series of such Briefing
Papers and presents an overview of the Election Acts, 2017 for use by party leaders, candidates, polling
agents and party workers. Using this paper, party officials will be briefed at a structured Roundtable Session
before the General Election due by August 2018. Key source of this paper is 'The Report of the Parliamentary
Committee on Electoral Reforms on The Elections Bill, 2017' and 'The Elections Act, 2017'.

This overview is not meant to be an exhaustive document of all changes or reforms brought about through the
Election Act, 2017 but only the key changes/reforms. Readers are encouraged to point out if there are other
key changes in the law that should be included in this paper.

Acknowledgement

This Background Paper benefits from research carried out by Ms. Amna Kausar, Projects Manager PILDAT
under the overall guidance of Mr. Ahmed Bilal Mehboob, President PILDAT.

This Background Paper has been prepared by PILDAT as part of the Tabeer-Consolidating Democracy in
Pakistan Programme, which is supported by the British High Commission, Islamabad.

Disclaimer

The Tabeer team has made every effort to ensure accuracy of the publicly available data, which formed the
basis of this paper. Any omission, or error, therefore, is not deliberate.

February 2018

05
Background Paper
The Elections Act, 2017
An Overview
February 2018

Context

Political parties in Pakistan have time and again demanded reform of the electoral framework, and
particularly since 2013. As a result, a Parliamentary Committee on Electoral Reforms (PCER) was
constituted on July 25, 2014 with representation from parties that hold seats in the National Assembly and the
Senate. The committee reviewed all election-related laws, removed duplication by combining some sections
and replaced archaic provisions with the new ones to make the electoral process more fair, competitive and
peaceful.

Eight laws have been merged in the Election Acts, 2017 and new election rules covering 15 chapters have
been formulated, including rules to pave the way for the financial and administrative autonomy of the Election
Commission of Pakistan (ECP). Whether the new law succeeds in closing loopholes completely and making
the process immune to rigging will only be known after the 2018 General Election. Meanwhile, political parties
have identified the need for training and education of their party officials on the proposed reforms to better
prepare them for the upcoming elections.

Box 1: Eight laws merged into the new law

● The Electoral Rolls Act, 1974
● The Delimitation of Constituencies act, 1974
● The Senate Election Act, 1975
● The Representation of the People Act, 1976
● The Election Commission Order, 2002
● The Conduct of General Elections Order, 2002
● The Political Parties Order 2002
● The Allocation of Symbols Order, 2002

Introduction to the Election Acts, 2017

The electoral system contained in various election laws did not see any major reform during the last forty
years except for certain Constitutional amendments relating to the Election Commission of Pakistan enacted
through the Constitution (Eighteenth Amendment) Act, 2010 and some acts of parliament amending certain
aspects of the election laws. For the past several years, almost all political parties have forcefully expressed
the perceived need to carry out electoral reforms to ensure that elections are conducted honestly, justly, fairly
and transparently.

The PCER invited proposals for electoral reforms from civil society organizations, lawyers (including
Pakistan Bar Councils and Provincial Bar Councils, Supreme Courts and High Courts Bar Associations) and
the general public through a Notice in print and electronic media in August-September, 2014.

After detailed deliberations extending over about two years, the following Electoral Reforms Package was
put forth by the PCER to the Parliament for approval:
1. Draft Elections Bill, 2017
2. Draft Election Rules, 2017
3. Draft Constitution (Twenty Seventh Amendment) Bill

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 Background Paper
The Elections Act, 2017
An Overview
February 2018

Table 1: Timeline of the passage of the Elections Act, 2017

Date Episode
August 07, 2017 The Elections Bill, 2017 was introduced as a Government Bill in the National
Assembly of Pakistan
August 22, 2017 The Elections Bill, 2017 was passed by the National Assembly of Pakistan
replacing the original “I solemnly swear” in the old law with the words “I
believe” in a clause relating to a candidate's belief in the nality of the
prophethood of Prophet Muhammad (Peace Be Upon Him) ─ the Khatm-e-
Nabuwwat oath
September 22, The Senate of Pakistan made a small amendment to Election Bills 2017, and
2017 passed the bill. Senator Haz Hamdullah of Jamiat-Ulema-e-Islam (F)
pointed out changes in the Nomination form of the candidates and sought to
reinstate the old form, but the House rejected the move by the Senator. The
amended bill went back to the National Assembly for consideration.
October 02, The Elections Bill 2017 was passed by the National Assembly.
2017
President Mamnoon Hussain signed the Bill into Act the same day.
October 05, After raucous by politicians and media, The Elections (Amendment) Act 2017
2017 was passed by the National Assembly after restoring Khatm-e-Nabuwwat
oath to its original form (“I solemnly swear”).
October 06, The Senate passed the Elections (Amendment) Act, 2017
2017

Key Amendments in the election laws approval of the President had to be

as contained in the Elections Act, 2017 sought to make Rules. Now, ECP has
been empowered to make Rules without
prior approval of the President or the
The Election Commission of Pakistan: Government. Rules will be subject to prior
publication, seeking suggestions etc.
The ECP has been strengthened in the following within 15 days of such publication
ways: (Chapter XV, Section 239).
1. The ECP has been empowered to issue 5. The ECP shall prepare a comprehensive
specific directions for performance of its Action Plan four months before the
duties, which shall be enforced elections specifying all legal and
throughout Pakistan in the same manner administrative measures that have been
as if these have been issued by a High taken or are required to be taken (Chapter
Court (Chapter II, Section 4). III, Section 14). There was no such
2. The ECP will have full administrative provision in the previous law.
powers to control transfer of election 6. The ECP has been authorized to redress
officials during elections and take complaints/grievances during various
disciplinary action against them for stages of the election process (other than
misconduct (Chapter II, Section 5 (4)). challenge to the election itself under
3. The Commissioner will have full financial Article 225). Its decisions will be
powers, including power to create posts appealable to the Supreme Court of
within its approved budgetary allocations Pakistan (Chapter II, Section 15).
( C h a p t e r I I , S e c t i o n 11 ( 2 ) ) . A l l 7. The ECP shall establish a transparent
expenditure of ECP will be charged upon Results Management System for
the Federal Consolidated Fund within the expeditious counting, compilation and
meaning of Article 81 of the Constitution dissemination of election results (Chapter
(Chapter II, Section 11). II, Section 13).
4. As per the previous law, the Election 8. The ECP has been empowered to
Commission Order, 2002, Section 9E, delegate its functions to its members and
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Background Paper
The Elections Act, 2017
An Overview
February 2018

officials (Chapter II, Section 6). application for issuance of CNIC (Chapter
9. The ECP shall conduct training programs IV, Section 25).
for election officials and take measures to 2. On the application of a candidate or his
promote public awareness regarding laws election agent, the District Election
and best practices (Chapter II, Section 6). Commissioner or any officer authorized in
10. The ECP shall upload on its website list of this behalf by the ECP shall provide to a
constituencies, election results and candidate or an election agent a hard and
decisions on complaints etc. searchable soft copy on a universal serial
11. Some degree of accountability of the ECP bus (USB) in portable document format
has also been built into the Elections Act, (PDF) or any other tamper-proof format of
2017; the ECP is now required to submit the final electoral roll with photographs of
an annual report within 90 days after the the voters and shall ensure that the copy
end of every calendar year that will be laid is the same as provided to the Returning
in each house of the parliament and each Officer and Presiding Officers (Chapter V,
provincial assembly (Chapter II, Section Section 79 (3)). This is a new and more
16). A post-election review of the pro-candidates provision
implementation of the Action Plan shall be
included in the next annual report Conduct of Election:
(Chapter II, Section 14 (2) and (3)). There
was no such provision in the previous law. 1. An election official shall, before the
commencement of his election duty, make
Delimitation: an oath, in such form and manner as may
be prescribed, that he shall act strictly in
1. ECP shall delimit constituencies after accordance with the provisions of the
every census (Chapter III, Section 17 (2)). Elections Act, 2017, Rules and directions
2. Va r i a t i o n o f p o p u l a t i o n a m o n g s t of the ECP (Chapter V, Section 56).
constituencies in the same Assembly 2. As far as practicable, the distance
from the same province or territory has between a polling station and the voters
been restricted to 10% (Chapter III, assigned to it shall not exceed one
Section 20 (3)). There was no such kilometer (Chapter V, Section 59 (2)).
provision in the previous law. There was no such specific provision in
the previous law.
3. N o m i n a t i o n F o r m s h a v e b e e n
Electoral Rolls: consolidated and the same form has now
been prescribed for candidates for all
1. NADRA shall transmit relevant data of seats.
every CNIC issued by it to the ECP so that 4. Deposit with the nomination papers of
every citizen who obtains a CNIC from National Assembly, Provincial Assemblies
NADRA can automatically be enrolled as (Chapter V, Section 61(1)) and Senate
a voter at his permanent or temporary (Chapter VII, Section 111(1a)) has been
address on the basis of his option in the changed as follows:

Legislature Deposit with Nomination Paper

Old (New as per Elections Act,
2017)
National Assembly Rs. 4000 Rs. 30,000
Provincial Assembly Rs. 2000 Rs. 20,000
Senate Rs. 4000 Rs. 20,000

09
 Background Paper
The Elections Act, 2017
An Overview
February 2018

5. While scrutinising a nomination paper, the contribution made by the candidate

Returning Officer shall not ask any for the benefit of candidate's
question which has no nexus to the constituency if elected previously
information, supplied or received or m. Declaration of Sum paid to any
objections raised by any person, or political party that awarded the ticket
tangible material on record (Chapter V, to candidate
Section 62 (7) (8)). n. Declaration of Sum received from
6. In case of any default on payment of any political party that awarded the
taxes, loans, utility expenses or other ticket
Government duties, a candidate may o. Declaration to abide by the code of
clear the default at the time of scrutiny of conduct issued by ECP
the nomination papers, except in the p. Declaration of Net assets of current
cases of wilful concealment (Chapter V, financial year and previous year;
Section 62(10)). and difference in the net assets (only
7. A person with any physical disability who current financial year's value of
is unable to travel and holds a National assets and liabilities has to be
Identity Card with a logo for physical provided)
disability issued by the National Database q. Declaration of Foreign passport
and Registration Authority may be able to detail from statement of Assets
cast their votes now by postal ballot r. Declaration of Personal expenditure
(Chapter V, Section 93 (c)). In the detail from statement of Liabilities
previous law, there was no such provision s. Statement on oath that the
for disabled persons. candidate is a citizen of Pakistan
8. Deletions in the Declaration and Oath by and does not carry any other
the Person Nominated in the Nomination nationality
Form: The following declarations which
were a part of the Nomination Forms in the 9. ECP may conduct pilot projects for
previous law have now been omitted: utilization of electronic voting machines
a. Declaration on Outstanding loans (EVMs) and biometric voters'
from any bank, financial institution, identification system in bye-elections in
cooperative society or corporate addition to the existing manual
body in the candidate's name or in procedures for voter verification, casting
the name of his/her spouse or any and counting of votes to assess their
dependants technical efficacy, secrecy, security and
b. Declaration on Default in payment of financial feasibility (Chapter V, Section
government dues or utility charges 103).
c. List containing names of spouse(s) 10. ECP may also undertake pilot projects for
and dependants voting by Overseas Pakistanis
d. Declaration about companies (Chapter V, Section 94).
owned by the candidate or his/her 11. All election-related documents including
spouse and dependants Statements of Count and Ballot Paper
e. Declaration of Pending cases of Accounts, except the ballot papers, shall
criminal offences be public documents and may be
f. Declaration of Educational inspected or copies thereof obtained
Qualification (Chapter V, Section 100).
g. Declaration of Present Occupation 12. ECP shall retain election-related
h. National Tax Number documents in tamper-evident sealed bags
I. Declaration of Income Tax paid in storage space under its control at
during the last 3 years (along with appropriate places (Chapter V, Section
Total Income and Source of Income) 99). This is a new provision.
j. Declaration of Travel abroad during 13. If the victory margin between the returned
last 3 years candidate and runner-up candidate is less
k. Declaration of Agricultural income than 5% of the total votes polled or 10,000
tax paid (along with Land holding votes, whichever is less, the Returning
and Agricultural income) Officer shall recount all the votes on the
l. Declaration of Important request of a contesting candidate before

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Background Paper
The Elections Act, 2017
An Overview
February 2018

commencement of the consolidation of Election Expenses:

the results (Chapter V, Section 95 (5)).
This is a modified provision of the previous 1. Election expenses for a contesting
law (The Representation of the People candidate have the following limits:
Act, 1976). 2. District Monitoring Teams of the ECP shall
14. In case of equality of votes between two monitor election expenses. ECP may
candidates, both will be declared returned impose fines in case of violation of the Act
candidates and each shall become or the Rules (Chapter XV, Section 234).
Member for half of the term of the 3. Return of election expenses shall be
Assembly. The candidate who will be scrutinized by the ECP (Chapter VIII,
Member for the first half of the term will be Section 136). In case of failure to file the
determined by draw of lots. In case of return, the ECP may direct prosecution of
equality of votes between three or more the defaulting candidate for the offence of
candidates, there shall be re-election in illegal practice (Chapter X, Section 174
the constituency (Chapter V, Section 97). and 183).
As per the previous law (the
Representation of the People Act, 1976), Election Disputes:
in case of equality of votes, drawing of lots
was to take place to decide which 1. A candidate may file an election petition
candidate would be elected Member of directly with the Election Tribunal
the Assembly. (Chapter IX, Section 142 (1).
15. E C P s h a l l p r e p a r e a g e n d e r
disaggregated statement of voters Political Parties:
showing the total number of votes cast by
men and women voters at the polling 1. To check mushroom growth of political
station. (Chapter V, Section 91) parties, conditions for enlistment of a new
16. If a candidate, not being the returned political party with the ECP will include, in
candidate, obtains less than one-fourth of addition to the existing requirements,
the total votes polled in the constituency, minimum two thousand members and Rs.
the sum deposited by him or on his behalf 200,000 enlistment fee. (Chapter XI,
shall stand forfeited in favour of the Section 202 (2))
Government (Chapter V, Section 61(4). 2. A political party shall submit to the ECP
Previously, the threshold was one-eighth. annual financial statement and list of
donors who have donated Rs. 100,000
Code of Conduct and above to the political party. (Chapter
XI, Section 211)
1. The ECP may, in consultation with 3. Symbols allocated to the political parties
political parties, frame a Code of Conduct and candidates should be visibly different
for political parties, contesting from each other. (Chapter XII, Section
candidates, election agents and polling 217 (5))
agents. The Commission may also frame 4. If an enlisted political party fails to comply
a Code of Conduct for security personnel, with the provisions of the Act, it will be
media and election observers (Chapter disentitled for allocation of symbol for the
XV, Section 233). Although the ECP did election. (Chapter XII, Section 215 (4))
issue code of conduct in the past, there 5. The office-bearers of a political party at
was no legal provision for it in the previous the federal, provincial and local levels
laws. shall be elected periodically provided that

Legislature Spending Limit

Old New

National Assembly Rs. 1.5 million Rs. 4 million

Provincial Assembly Rs. 1 million Rs. 2 million
Senate Rs. 1 million Rs. 1.5 million

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 Background Paper
The Elections Act, 2017
An Overview
February 2018

a period, not exceeding five years, shall

intervene between any two elections.
(Chapter XI, Section 208 (1) Previous law
(Political Parties Order, 2002) allowed a
period of up to 4 years between any two
intra-party elections.

Special Measures for Women:

Following are some of the special measures
included in the Elections Act, 2017 to
encourage participation of women in the
electoral process, including registration of
women voters and actual voting on polling
day include:
1. ECP shall conduct awareness/media
campaigns for registration of women
voters and their participation in elections
(Chapter II, Section 12 c).
2. If the variation in the number of men and
women voters in a constituency is more
than 10% special measures will be taken
by ECP to reduce such variation (Chapter
IV, Section 47 (2)).
3. ECP shall annually publish disaggregated
data of registered men and women voters
in each National Assembly and Provincial
Assembly constituency highlighting the
difference in number of registered men
and women voters (Chapter IV, Section
47 (1)).
4. If the turnout of women voters is less than
10% of the total votes polled in the
constituency, ECP may presume that
women have been restrained through an
agreement from casting their votes and
may declare polling at one or more polling
stations, or election in the whole
constituency void (Chapter II, Section 9
(1)).
5. Political parties shall encourage women
membership (Chapter XI, Section 203 (4))
and award at least 5% party tickets to
women candidates on general seats
(Chapter XI, Section 206).

12
 DAI-CDIP - Pakistan
Office: 1st Floor, 94-W, Din Pavilion (Ex City Bank Plaza),
Main Blue Area, Islamabad, Pakistan Phone: +92-51-8449401-2