Observer’s Briefing

1. Observer’s Briefing Shangri La Hotel, September 12, 2009 Haryana & Maharashtra Assembly Elections,2009 DEC (JP Prakash)

2. Election Schedule • Nomination Begins: 18th September ‘09 • Nomination Ends: 25th September ‘09 • Scrutiny: 26th September ‘09 • Withdrawal ends: 29th September ‘09 • Poll: 13th October ‘2009 • Re-poll: 15th October ‘2009 • Counting: 22nd October ‘2009

3. Observer’s Schedule • Report before Scrutiny. Observer’s presence during scrutiny is required • Keep monitoring your Constituencies till then; get in touch with DEOs • Get your local SIM number; • Do not book yourself for return on 13th or 14th October. Book on 15th if there are no re-polls • Advertise your local phone numbers and your stay address in local newspapers prominently; keep in touch with parties and candidates • Keep aside a specific time (4 to 6 p.m.) everyday and be present in RO’s office during that time for anyone to contact you; advertise the venue and timing prominently

4. Arrangements for Observers • Please inform the DEO and RO directly. His name, designation and phone numbers are in file state profile.doc on the web (eci.gov.in) • You will be received and escorted from airport/railway station to AC by your liaison officer • An office room will be provided at your place of stay with communication facility • You will be provided with one SIM card.

5. What is expected of you? • You would be ‘General’ and ‘Expenditure’ observer rolled into one • You would not be pure observers, you will have some direct responsibilities too – your tasks have multiplied • You would be simultaneously under observation by media, NGOs and political persons – so observe decorum in all your activities

6. Your Tasks • Mandatory Tasks • Handholding Tasks • Observation and Reporting Tasks

7. Mandatory Tasks • Randomization of Polling Personnel • Randomization of EVMs • Facilitation of Postal Balloting by poll staff • Vetting and approval of security plan • Monitoring of counting and declaration of results

8. Handholding Tasks • Electoral roll preparation • Photo campaign to maximize photo-coverage • Training & Orientation • Dispatch arrangements • Counting arrangements

9. Observation & Reporting Tasks • Model Code of Conduct • Conducive law & order for conduct of free and fair poll • Fairness of the district administration officials

10. Therefore… Observers ‘DOs’ • Do ensure complete neutrality – each step would be watched and debated • Do keep in touch with political parties and candidates on a regular basis • Do check the details before accepting any hospitality offer • Do seek and sign the bills for whatever you consume • Do check the observer’s portal daily morning and evening for any message

11. …. And ‘DONTs’ • Do not call press meet, give interviews or statements – ear & eyes but not the mouth • Do not become the executive officers – get the work done as against doing it yourself

12. Immediate Task - Arrangements for Scrutiny • Scrutiny by RO only – not ARO. In exception, ARO can be authorized by RO in writing • Candidate, election agent, 1 proposer and 1 person so authorized by candidate can be present; can examine any nomination paper • All nomination paper to be scrutinized; objections to be summarily inquired and speaking order recorded • Presumption that nomination is valid unless contrary has been established. Benefit of doubt to candidate concerned • There is provision for adjournment of scrutiny and give time to candidate to produce documents upto morning of (normally forenoon - 11.00 A.M) of the last day of withdrawal so that hearing and decision can be given before closure of withdrawal time • Candidate or his/her agent can assist the RO in locating the submitted documents • Observers shall submit detailed report by the end of the scrutiny day itself – 1st Report DEC (JP)

13. Next Immediate TaskMeeting with candidates & representatives • Meet before withdrawal is finalized – latest by withdrawal day • Clarify the following • EVM preparation schedule – checks and balances and the rights of the candidates and their polling & counting agents • Expenditure monitoring procedure – standard rate list, expense register and its submission schedule • Model Code of Conduct – DOs & DONTs – system for grievance redressal – where and how to lodge complaints • Dispatch, receipt, storage and counting arrangements • Share ‘meeting the observer’ schedule, contact number and specifically ask them to give their ‘worry list’ timely • Submit 2nd report detailing the meeting discussions with list of attendees from candidates

14. Other Reports by Observers • 3rd Reportat the closure of campaign period (36 hrs before the commencement of polls) focusing on RO’s readiness to conduct poll – general environment in which the poll is going to be conducted • 4th Reportafter the poll is over – covering the complaints and findings on the poll night • 5th Report after the scrutiny of 17A, video, micro-observer’s reports, presiding officer diary etc. with recommendation on re-polls • 6th Reporton detailed counting proceedings and authorization by observer to declare results • Besides, any specific matter of importance can and should be reported by the Observer on need basis

15. Electoral Roll Tasks (Background) • Rolls published in January 2009 for new delimited constituencies • Roll again published on 27th and 31st July 2009 for Assembly elections. • Continuous revision shall be on till 17th September practically • Photo campaign would be on till 30th September and even later

16. Electoral Roll - Tasks • Confirm if ERO has handed over the authentic ink signed copy of rolls to RO/DEO? Is it kept in a sealed cover with date? • Confirm if the Daily Monitoring System – DMS – on roll issues and grievance redressal mechanism is in place. How are the complaints attended? • Confirm that copy of the roll is handed over to candidates by 1st October 2009? • Confirm that this roll is not different from draft+S1 already handed over to the Political parties – except the strikethroughs • Confirm and test the ‘helpline’ arrangements • Check the arrangements for ‘alphabetical name-locator’ and Voter Assistance Booths • Check the arrangements for Postal Ballot printing and dispatch • Check the postal ballot facilitation arrangement for the Polling Staff

17. EPIC & Photo Roll Tasks • Coverage is low in urban areas, even in some rural areas. Check the programme for maximization. • Check if ‘online’ photography centres are functional? In sufficient quantities? • Check the ‘offline’ photo scanning, cropping and merging system • Check the distribution system for EPICs already made • Check the implementation of ‘Referral Image Sheet’ system. (The photos being obtained after 17.09.09 cannot be converted into photo roll but images can be printed on a sheet with elector serial no. only and sent with presiding officer for identity verification at poll time) • Check the arrangements for data security

18. Polling Stations - Tasks • Check and ensure that information about new and relocated polling stations (especially, after 2009 LS elections) are widely disseminated amongst the voters of that polling station – visit all such PS and their voters • Avoid creating last minute auxiliary polling stations • Infrastructural facilities at Polling Stations? Toilet for females? Access for Physically challenged voters? • Check if party offices exist nearby (within 200 meters)

19. EVMs – Tasks – I • Take special interest; Get yourself EVM trained; • Check if sector officers/zonal officers are EVM trained? • Check EVM awareness generation effort amongst voters • Special effortsneeded this time; DEOs to organize a very detailed and special training (as against demonstration only) for candidates, their workers and ‘would be’ polling/counting agents; explain the safety features & their “rights” • Explain the importance of 17-C and the list of EVM identity number to be used at specific PS given to the candidates • Importance of noting the green paper seal number with which the machine is sealed after completion of polls (and signing on it) • Explain how and what to check at the counting time when the control units are taken out for counting at the table

20. EVMs – Tasks – II • Testing protocol for EVMs to be meticulously followed • First level check would be already over and done • Machine preparation (setting) to be done in presence of candidates and observers only. At this stage, 2nd level check to be extensively done – candidates should be insisted upon to carry out random check on any number of EVM for any duration of mock poll and testing • After 2nd level check, EVMs to be put in strong room under lock and seal. Political party/candidates should also seal the lock. • 2nd level check to be video-filmed completely including the storage in the strong room and sealing thereof and kept for record – observers to ensure it

21. Expenditure Monitoring Tasks • You are general as well as expenditure observer • In the meeting with candidates, explain to them the expense register and expenditure related obligations of the candidates • You will be given standard rates for items used in election and a authenticated register of expense – pass it on to candidates • Daily video of feasts, functions, processions and meetings should be given to you (by MCC teams) – tabulate the expenses from that and tally it with expense register when produced (at least thrice during campaign); Note the discrepancy on the register itself and sign it • Photocopy of expense register to be taken and kept with you each time it is produced to you and a copy of it pasted on notice board for public knowledge • Copies of the video CDs indicating the expenses etc may also be given to public, rivals – make it known to all candidates; • If expense register is not produced, a notice should be issued by the RO/DEO to the candidate in question • In your report expenditure report should invariably be a distinct section starting from a fresh page

22. Polling Personnel • Check if database is comprehensive – no department unreasonably left out; also no department selectively picked up. Database to be 200% of requirement but in case of difficulty, be reasonable. • No contractual workers to be in database • No Aanganwadi workers. • Get a separate database of Group B & C GOI officials (not to be used in polling team) – at least 25% of the number of polling stations

23. Polling Personnel • 1st randomization : would be done by DEO on the full database to pick-out the personnel to be trained (120% of requirement) • Observer not present at that stage, but • Do check the composition emerging for personnel called for training. Any department over/under represented? • Do be watchful of over representation of a candidate’s (in case of ministers) departmental workers

24. Polling Personnel • 2nd randomization: Uniform software • In presence of Observers only • Maximum 9 days ahead of the poll day • Constituency known but Group Formation will not be known OR Group Formation will be known but Constituency not known • No single team to have more than one member from same institution • In rural area, female staff, if part of polling team, can be local; (exemption from randomization) • On an exception basis, in larger districts, subdivision or PC wise randomization allowed, please keep ECI informed

25. Polling Personnel • 3rd Randomization: On evening previous to dispatch of polling teams • To be done by observers and kept with them • (Constituency and) polling station to be known to the polling team at dispatch time only • Check arrangements for issue of identity cards to polling personnel

26. Training of polling personnel • Very important aspect. More so with Randomization and new instructions • Training not to be in a class of more than 40-50 trainees • Check preparation of master-trainers. Is the number sufficient? Sector Officers to be master trainers. • Check the schedule of training - Minimum 3 Rounds; • Timing important – at least last round (3rd round) in polling station groups, therefore, after 2nd randomization • Is there a written handout for participants? Is there a checklist? • Equal importance on EVM and other training.

27. EVM training • Besides operation of machine, emphasis on the following: • Full Length Mock poll • Clearing of data after mock poll • Proper sealing of machine • Actual hands on training on EVM and ease in use feeling a must

28. Other points on training • Poll day arrangements inside polling stations (Dummy polling station setup with trained manpower at dispatch centre for last minute brush-up by any team/member) • Voting compartment to be secure & secluded • Only authorized persons to be inside PS • Understanding of the role of Polling Agents and giving them the requisite documents – 17C, Paper seal No. • Presiding officer not to go to voting compartment and ‘assist’ the voters • Issues related to identification of Voters • Use of alphabetical name locator list • Use of Image Referral Sheet • Treatment of Absent, Shifted and Duplicate names in roll • Filling up of Register of voters –17A- • Filling up of 17C • Tallying of 17A, 17C and the EVM count • Writing of Presiding Officers Diary

29. Level Playing Field (Model Code) • Check if political parties have been informed by DEO/RO on MCC provisions • Be pro-active – check misuse of: • Government vehicles • Government buildings • Government officials • Every AC has as many MCC team with videographer as possible - Video all major meetings, speeches – check the daily monitoring arrangements • Check speeches and events closely for any communal overtones; Check action taken daily and report important events • Ear mark the bad performers and report • Set aside 4 P.M. to 6 P.M for meeting people and receiving complaints at RO’s office premise – widely advertise this arrangement

30. Security Arrangements • At Nomination venue • At Scrutiny venue • For maintaining general Law & Order and enforcement of discipline • Specific Areas of Concern • Communal Environment; hate campaign; inflammatory speeches • Proper placement of police pickets; flag marches • Visit to vulnerable areas and other confidence building measures • In critical areas shuffle the old forces with freshly arrived new forces • Liquor from neighbouring areas • Infiltration of anti-social elements from Bordering States

31. District Plan • Go through the sector planning and vulnerability mapping instructions given in ECI Instructions (in the CD) • Insist on election plan well in advance • Insist that police patrol is co-terminus with sector officers • Check that HGs are placed under district police commands during their use in elections • Coordination between CoP and SP would be an issue in districts with cities

32. Security Plan at polling station level • Socio-economic vulnerability mapping done by sector officers to be checked by observers • Low EPIC coverage to be factored • High absentee and shifted voters without family linkage as well as duplicate voters is also an indicator of criticality of a PS • Previous Voting trend to be factored • Take into account worry list if any party or candidate submits that. • Analyze sensitivity data given by DEO (Next slide)

33. Sensitivity information format

34. Security Plan • Based on vulnerability analysis, polling station wise force deployment to be supervised and approved by observers • CPF can be deployed in mobile mode as well as static mode depending on their availability and need. • Identify sensitive ACs. Give priority to rural area in providing CPF coverage • CPF can be mixed with State Armed Police to maximize force coverage • Use micro observers and camera inside the polling stations as non-force alternative • Minimum guarantee of 1 Local Police or 1 HG for all polling stations

35. Route Plan • To contain • No. & name of polling stations depicted on sketch map of the route • Criticality of the Polling station to be indicated • Sector officer, Observer, Police station, RO telephone numbers to be shown • Anti-social elements names to be shown • Helpful persons list to be shown • Checklist for police mobile and sector officers to be shown DEC (JP)

38. Logistics • Dispatch centre – one AC one centre • Two stage transportation of polled EVMS – logistic arrangements needed • Logistics for scrutiny of 17A – New instructions for Scrutiny of 17A • Training of Sector Officers in helping the polling teams achieve this • Dispatch of Micro-observers • Dispatch of additional manpower on poll day

39. Counting Arrangements • Counting Halls to be finalized in consultation with candidates • Counting centre and receipt centres same? Or transportation to strong rooms after receipt involved? • Strong rooms and counting centres to be within same campus; • Counting plan prepared? Counting centres to have two internet connections and computers in a separate data room. • Yet another room for media required. DEC (JP)

40. Counting Arrangements - II • New Counting Arrangements: • Round-wise counting tabulation sheet to have pre-filled EVM numbers for each polling station as well as pre-filled total voter strength. RO and Observers have to certify and explain any discrepancy on that sheet itself. • Counting staff to be randomized • GOI official on each table as static observer • Random re-counting of two EVMs from every round separately and additionally

41. Counting Arrangements - III • At every table, a ‘counting table data sheet’ on the lines Part B of 17-C shall be signed by all agents and officials. This ‘counting-table data sheet’ shall contain PS No, total Voters strength, total votes polled, machine no. and paper seal no. used. It should thereafter have space to fill up candidate-wise votes. • This signed sheet, shall be compiled at RO’s table into ‘round-wise tabulation data sheet’. Round-wise data sheet, too, shall have the machine number and paper seal number and total voter strength for each of the polling station (and counting table) pre-filled already. • Exact replica of round-wise data sheet shall be written in chalk on a big blackboard kept for this purpose in the counting hall at the end of each round. Only, after the scores for the round are written on blackboard, that round of counting would be officially considered over. • Only after one round of counting is completed in this manner, the next round of EVMs shall be brought into the counting hall • This is to ensure that the counting agents are free and able to go to the strong room and escort the EVMs of the new round to the counting hall under their care and eyes. DEC (JP)

42. Other points to check • Arrangements for uploading Nomination Data in ECI software – GENESYS- • Arrangements for scanning candidate’s affidavits and uploading on CEO’s website • Preparations for online transmission of counting data and results on GENESYS on counting day • Dispatch and storage arrangements for polled EVMs

43. Contact Points • On Roll matters Ashish Chakravorty, US ECI, 09818840820 • On Legal matters: KF Wilfred, Secretary ECI, 09868100571; Fax: 011-23052010 • Urgent clarifications: SK Mendiretta, Legal Advisor ECI, 09810589575 • On Code of conduct and other issues: JP Prakash, DEC, 09810007139 Dr. Alok Shukla, DEC, 09818884160 DEC (JP)