EC seeks 4-month preparation period for referendums
The EC raised concerns about the current timeframe for conducting referendums.
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The Elections Commission (EC) has requested the Maldives Parliament to amend the referendum bill to allow a minimum preparation period of four months for the conduct of any national vote.
At a meeting with the Parliament's Independent Institutions Committee on Monday, Elections Commission President Mohamed Zahid presented the EC’s recommendations on the bill, which proposes a legal framework for conducting public referendums.
Zahid noted that the bill currently lacks clarity on whether the outcome of a referendum should be based on a majority of votes cast or a majority of all eligible voters. He requested that the relevant provisions be amended to avoid ambiguity in interpreting the result.
“If the method for determining the result is unclear, there may be significant doubt surrounding the outcome,” Zahid said.
The EC also raised concerns about the current timeframe for conducting referendums. As per the draft bill, referendums must be held within 45 to 90 days of a resolution by Parliament or the President. Zahid stated that such a timeline is not sufficient for public education and operational preparation.
“A referendum is not like an election that is routinely held. Each issue differs and requires specific public outreach. We are requesting a window of 45 to 120 days,” Zahid said.
Other points raised by the EC included:
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The law should clearly define whether Parliament resolutions on referendums require a majority of all members or just those present and voting.
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It should clarify whether multiple issues can be voted on in a single referendum.
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The President’s authority in calling referendums should be clearly outlined.
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The law should mandate public awareness campaigns and require the preparation of the budget within a specific timeframe.
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Voting procedures should be defined in the law itself rather than left to regulations.
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Regulations under the law should be issued within 30 days of enactment.
Zahid also encouraged lawmakers to consider adding a provision allowing a public petition to trigger a referendum on significant national matters, a model used in other countries.
“Democracy involves public participation in key decisions. Legal mechanisms should reflect that,” Zahid said.
Elections Commission member Hassan Zakariyya raised additional concerns. He noted that the bill does not address scenarios where both the President and Parliament call referendums on different issues simultaneously. He also suggested that ballots be designed to accommodate those unable to read by including visual representations of the questions.
Zakariyya added that procedures for voting should be included in the law rather than left to rules made by the Commission alone.
“Laws must be written so the entire population understands the process, not only those making regulations,” Zakariyya said.
When asked by committee members whether the Attorney General’s Office had consulted the EC during the drafting of the bill, Zahid responded that no such consultation had taken place.
The Commission stated it will submit written recommendations, including all proposed amendments, during the first week of the coming month.
