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Elections in Myanmar
2020 General Elections
Frequently Asked Questions
Asia-Pacific
International Foundation for Electoral Systems
2011 Crystal Drive | Floor 10 | Arlington, VA 22202 | www.IFES.org
November 3, 2020
Frequently Asked Questions When is Election Day?................................................................................................................................... 1 Who is eligible to vote?................................................................................................................................. 1 How many registered voters are there? ....................................................................................................... 1 What is the electoral system?....................................................................................................................... 1 How is the president elected? ...................................................................................................................... 2 What is the election management body? What are its powers? ................................................................. 2 How is the voter list prepared?..................................................................................................................... 3 Who is eligible to run as a candidate? .......................................................................................................... 3 What are the timeline and rules for the campaign period? ......................................................................... 3 What are the rules for campaign finance? ................................................................................................... 4 What is included in the Code of Conduct for political parties and candidates?........................................... 5 What are examples of election offenses?..................................................................................................... 5 Who is responsible for resolving election disputes? .................................................................................... 5 What are Election Mediation Committees and how do they function? ....................................................... 6 Are there reserved seats for women? What is the level of women’s participation for the elections? ....... 6 What provisions for accessibility are there for voters with disabilities? ...................................................... 7 Are there provisions for advance voting? ..................................................................................................... 7 Have any advance voting provisions been made due to COVID-19? ............................................................ 8 Are there provisions for out-of-country voting? .......................................................................................... 8 What steps have been taken to safeguard the elections in response to COVID-19? ................................... 8 Who can observe during Election Day? How can they get accreditation? ................................................... 9 Where have elections been canceled? ......................................................................................................... 9 What is the process for polling, counting and tabulation of votes? ........................................................... 10 Resources .................................................................................................................................................... 11 About IFES in Myanmar .............................................................................................................................. 11 Disclosure .................................................................................................................................................... 11
Elections in Myanmar: 2020 General Elections
Frequently Asked Questions
When is Election Day?
The Constitution of Myanmar establishes a five-year term for the president and the Parliament, which at
the national level consists of the Pyithu Hluttaw (lower house) and Amyotha Hluttaw (upper house),
along with State and Region Hluttaws. The current term for the Parliament expires on January 31, 2021,
requiring an election prior to that date. The electoral laws require the Union Election Commission (UEC)
to hold the election of these bodies simultaneously and on a public holiday, if possible, and to announce
the date of the election in advance. On July 1, 2020, the UEC announced that the general election will be
held on November 8, 2020.
Who is eligible to vote?
Every person who is a citizen, associate citizen or naturalized citizen who is at least 18 years old on the
day of the election, and who is included in the voter list of his or her constituency, is entitled to vote.
Voting is not allowed for:1
• Members of a religious order;
• Persons serving a prison sentence;
• Persons whose right to vote has been removed by a court;
• Persons who have not yet been discharged from insolvency;
• Persons prohibited by election law (e.g., those who have been declared ineligible for committing
malpractices in prior elections and whose ineligibility has not yet expired); and
• Foreigners or persons who hold dual citizenship.
How many registered voters are there?
There are approximately 38 million voters, of which approximately 5 million will be first-time voters.
What is the electoral system?
Myanmar uses the first-past-the-post system for the election of members of the Pyithu (lower),
Amyotha (upper) and State and Region Hluttaws (houses). The candidate with the highest number of
votes in a constituency is elected.
For the Pyithu Hluttaw, constituencies are based on Myanmar’s township boundaries, and each of the
330 townships elects one representative to the lower house. An additional 110 members are appointed
by the commander in chief of the Defense Services, for a total of 440 members in the Pyithu Hluttaw.
For the Amyotha Hluttaw, each of Myanmar’s 14 states and regions is represented by 12
representatives, for a total of 168 elected seats. An additional 56 seats are appointed members are
appointed by the commander in chief of the Defense Services, for a total of 224 members in the
Amyotha Hluttaw. As with the Pyithu Hluttaw, constituencies are based on township boundaries. In
1
Constitution of the Republic of the Union of Myanmar (2008), Chapter IX (392).
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Frequently Asked Questions
states and regions with more than 12 townships, the Union Election Commission (UEC) has created
electoral districts by combining the townships with the lowest populations into larger constituencies. In
states and regions with fewer than 12 townships, the UEC designates two constituencies in the most
populated townships, using constituency boundaries that have been established in these townships for
the State and Region Hluttaw elections.
For State and Region Hluttaws, each of the 330 townships is divided into two constituencies, and a
representative is elected for each of these constituencies.
As a result of cancellations on Election Day (see below), a total of 161 seats are being contested in the
Amyotha Hluttaw, 315 seats in the Pyithu Hluttaw and 628 seats in the Region and State Hluttaws.
The constituency for the ethnic affairs seats and minister is the entire region or state.
How is the president elected?
Following the election of both houses of the Hluttaw, representatives form a presidential electoral
college composed of three groups that include the following representatives:
• Elected representatives to the Amyotha Hluttaw;
• Elected representatives to the Pyithu Hluttaw; and
• Appointed military representatives to both houses of the national legislature.
Each of these three groups nominates a single candidate for the presidency, who can be chosen from
elected and appointed representatives to the Parliament, or any person who is not a Member of
Parliament but who still meets eligibility criteria established by the constitution.2 Following these
nominations, each member of both houses of the Hluttaw casts a single vote for one of the nominated
candidates. The candidate who receives the most votes becomes president, and the two other
candidates become vice presidents.
What is the election management body? What are its powers?
The Union Election Commission (UEC) is the election management body responsible for administering
elections in Myanmar, consisting of the UEC headquarters in Naypyitaw, 15 state/region and Union
territory sub-commissions, 82 district sub-commissions and 330 township sub-commissions. At the
headquarters level, the UEC consists of a minimum of five members appointed by the president.
Currently, the UEC is composed of 15 people, including Chairperson U Hla Thein and 14 members (one
for each region and state in Myanmar).
The UEC’s responsibilities in administering the election process include:
• Holding and supervising the Hluttaw elections;
• Establishing, overseeing and allocating funds to the sub-commissions at various levels;
• Designating and amending constituencies;
2
Constitution of the Republic of the Union of Myanmar (2008), Chapter III (59).
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Frequently Asked Questions
• Preparing, amending and approving the voter list;
• Postponing or cancelling elections in constituencies where elections would not be free and fair;
• Issuing certificates of recognition for Hluttaw representatives;
• Forming tribunals to adjudicate election disputes, including objections against elected persons;
• Electing and appointing members of the leading body of self-administered divisions and zones;
• Supervising and guiding political parties to act in accordance with election- and campaign-
related laws; and
• Performing other duties assigned by law in holding elections.
How is the voter list prepared?
A person must be on the voter list in order to vote in the election. The voter list is prepared by the
ward/village-tract sub-commissions based on the existing voter list and population lists collected by the
ward/village-tract’s administrators or township’s immigration and identity department.
The Union Election Commission (UEC) implements nationwide campaigns to motivate voters to check
the voter list and to inform them of procedures for challenging the list. The voter list may be checked
physically (in person) at the office of the ward/village-tract sub-commission or other public place that is
easily accessible to all voters. At the display site, a voter can check whether:
• His or her name or names of family members are included on the voter list;
• The information needs to be corrected;
• There are voters on the list (deceased, non-eligible voters) who should not be listed.
During the final display period, the voter list may also be checked online at the UEC website.
If inaccuracies appear on the voter list, a voter can submit the relevant form, signed and thumb-printed,
to the ward/village-tract sub-commission within 14 days of the start of the display period.
Who is eligible to run as a candidate?
To stand as a candidate in the elections, an individual must meet the following minimum qualifications:
• Be a citizen of Myanmar;
• Be an eligible voter registered on the voter list;
• Have been a resident in Myanmar for at least 10 consecutive years;
• Have parents who are citizens of Myanmar; and
• Be at least 25 years of age to run for the Pyithu or State and Region Hluttaw or 30 years of age
to run for the Amyotha Hluttaw.
The candidate must also meet any other requirements established by law.
What are the timeline and rules for the campaign period?
The campaign period began on September 8, 2020, 60 days prior to Election Day. This campaign period
will end at midnight on November 6, as Union Election Commission (UEC) Campaign Directive 01/2014
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Frequently Asked Questions
provides for a campaign silence period on the eve of Election Day. During this campaign period, each
candidate is permitted to campaign throughout his or her constituency, and the candidate may also
provide a letter of authorization to the relevant UEC sub-commission that allows members of the
candidate’s political party, other candidates or other individuals to campaign on that candidate’s behalf.
Acceptable campaign methods include delivering campaign speeches; campaigning through private or
state-owned media, including social media; and campaigning through published materials, such as
billboards and posters.
UEC Campaign Directive 01/2014 also outlines some restrictions on the content of campaign speeches
and printed materials. These include prohibiting messages that incite conflict based on religion; tarnish
the integrity of competing political parties and candidates; abuse religion for the sake of politics; or
undermine the peace, stability and solidarity of the Republic of the Union of Myanmar.
In consultation with the UEC, the Ministry of Health and Sports issued additional Standard Operating
Procedures for the 2020 campaign period to align with health and safety protocols in response to
COVID-19. These rules include the following:
• Campaign events must not exceed 50 attendees.
• Face masks must be worn, and face shields are required in some cases.
• Temperature checks must be conducted for supporters, and recent travel history should also be
checked.
• Individuals showing COVID-19 symptoms are not permitted to attend campaign events.
• Each individual should use a dedicated microphone
• Campaign activities are prohibited in areas under active government lockdown orders.
What are the rules for campaign finance?
Candidates or their agents are required to keep account books and submit financial statements using
forms prescribed by the Union Election Commission (UEC). The account books must include information
on election-related expenses incurred; the candidate’s own resources, cash or in-kind donations
contributed by Myanmar citizens present in the country; cash or in-kind contributions made by
companies registered in Myanmar; contributions received by the political party supporting the
candidate; and debts.
There is a campaign spending limit of 10 million kyats (approximately $7,600 USD). For the 2020
elections, this amount has been increased to 15 million kyat ($11,400 USD) for ethnic affairs candidates
contesting for the State and Region Hluttaw.
Candidates’ financial statements (Form 20) must be submitted to the relevant sub-commissions within
the 30 days following the announcement of election results. This obligation applies to all candidates,
regardless of the outcome of the election. These financial statements can be made available for public
inspection upon payment of a fee, and the sub-commission must post a notice in its office detailing the
date, time and place that the forms will be made available for inspection.
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Frequently Asked Questions
Incurring election expenses in excess of the above spending limits is considered an electoral malpractice.
The law provides a mechanism for complaints to be filed before the UEC and the Election Tribunal, as
well as possible sanctions that include disqualification of a candidate.
What is included in the Code of Conduct for political parties and
candidates?
Political parties have agreed upon a voluntary Code of Conduct for Political Parties and Candidates that
provides additional rules guiding candidate and party conduct during the campaign period. Through this
Code of Conduct, parties “firmly endeavor to conduct their campaigns based on ideas, party policies and
mutual respect, using truthful, polite and respectful language in speeches and announcements through
all types of media, traditional and digital.” The Code of Conduct also includes rules related to
misinformation, whereby parties and candidates agree to refrain from spreading false criticism
regarding personal matters of party leaders, activists or candidates; to promote diversity and avoid
using religious or racially discriminatory messages in their campaigns; and to refrain from making
allegations not based on verifiable facts that may jeopardize the integrity of the electoral process.
What are examples of election offenses?
A variety of possible disputes and complaints can arise from the elections. These may vary in nature, the
time of occurrence, the actor responsible for their resolution and the deadline to submit a complaint
and/or obtain a decision. Examples of complaints and/or offenses include:
• The need for deletion from, addition to or correction of names on the voter list;
• Complaints relating to the eligibility of a candidate;
• Violations of campaign regulations such as abuse of public resources, hate speech or others;
• Violations of the Code of Conduct for political parties and candidates;
• Irregularities or fraud during the voting or counting process, voter impersonation or
campaigning at a polling station;
• Violation of the secrecy of the vote;
• Serious offenses such as violence, threats, intimidation, undue influence, cheating or bribery;
• Limitations on access for observers, media or agents;
• Damage or destruction of sensitive materials;
• Violations of campaign finance regulations, such as exceeding limits on campaign expenditures
or failing to submit financial statements; and
• Petitions related to the election results, including challenging the election of a candidate due to
malpractice.
Who is responsible for resolving election disputes?
Several actors are responsible for resolving disputes that arise in the conduct of the elections, and
jurisdiction of these actors depends on the nature of the alleged violation, the time of occurrence and
the type of complaint:
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• The Union Election Commission (UEC) and temporarily appointed Election Tribunals are
responsible for addressing election malpractices that affected the election of a candidate.
• The UEC sub-commissions are responsible for addressing administrative objections and appeals.
• The UEC has established Election Mediation Committees as an alternative dispute resolution
mechanism. These committees use a mediation approach to address disputes related to the
campaign period and breaches of the Code of Conduct.
• Polling station officers are responsible for managing disputes and irregularities within or around
the polling station on Election Day. Polling station officers may seek the assistance of the police
in the case of more severe violations.
• The police and courts are responsible for resolving serious breaches, such as cases of election
offenses or crimes as defined in Hluttaw Election Law and the criminal code.
What are Election Mediation Committees and how do they function?
Election Mediation Committees (EMCs) have been established as an alternative dispute resolution
mechanism for disputes related to the conduct of the campaign and the Code of Conduct for political
parties and candidates. The Union Election Commission formed the EMCs at the central, state/region,
district and township sub-commission levels to resolve election disputes, defuse tensions among
stakeholders and deter and prevent future violations. The objective of the EMCs is to reach a mutually
acceptable solution among the individuals involved in the disputes. This process is voluntary and not
legally binding.
Examples of issues that EMCs may address include the following:
• Rumors that a party spreads about a candidate;
• Hate speech or disinformation that a candidate directs against a specific group;
• The misuse of religion by a candidate for political purposes;
• Damage or destruction of campaign material by supporters or agents of an opposing candidate;
and
• Misuse of public resources or the use of vehicles or public facilities by a candidate.
The stakeholders who can raise a dispute with an EMC are political parties and candidates involved in
the dispute; election agents who are related to the dispute; voters who are connected to the dispute in
the relevant constituency; and relevant government departments or sub-commissions. EMC meetings
are open to the public, and observers and voters are permitted to attend EMC meetings.
Are there reserved seats for women? What is the level of women’s
participation for the elections?
Myanmar does not have reserved seats for women. Since 2010, the percentage of women candidates
contesting the general elections has increased, with 4 percent in 2010 (127 women out of 3,069
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Frequently Asked Questions
candidates), 13 percent in 2015 (801 out of 6,074), and 16 percent for the upcoming elections (907 out
of 5,651).3
What provisions for accessibility are there for voters with disabilities?
In 2015, the Hluttaw adopted the Law on the Rights of Persons with Disabilities, which protects and
promotes the rights of persons with disabilities across various aspects of public life, including the right to
participate in the election process. Specific provisions designed to promote the electoral participation of
persons with disabilities include:
• Provisions requiring inclusion of persons with disabilities in the voter list;
• Provisions requiring the township sub-commission to consider accessibility issues when
determining the polling stations;
• Provisions for advance voting for certain persons unable to vote at a polling station;
• Provisions requiring the National Committee to coordinate with the UEC to facilitate voting for
persons with disabilities; and
• Allowing voters who require assistance to choose a family member or another person to assist
them in casting their vote.
Are there provisions for advance voting?
The Myanmar election laws provide the opportunity for voting before Election Day for certain voters
who may not be able to access polling stations on Election Day. This includes options for voters who will
be inside their constituency on Election Day and unable to vote, as well as voters who will be outside
their constituency on Election Day.
For most inside-constituency advance voters – such as seriously ill voters, expectant mothers, older
voters, voters with disabilities and detainees – advance voting will be available at ward/village-tract sub-
commission offices for the two days immediately prior to Election Day. Voters who cannot access these
offices will be visited by an inside constituency advance voting team during those two days. An
additional category of inside-constituency advance voters includes UEC staff, polling station officers,
assistant polling station officers, military personnel, police and civil servants. The UEC will make an
announcement prior to Election Day regarding the timeline for advance voting for this category, which in
2015 allowed advance voting beginning 10 days prior to Election Day.
For outside-constituency advance voters who have completed the required Form 15, applying for
advance voting – including military personnel; students, trainees or other voters outside of their
constituency; detainees in police detention centers; patients in hospitals; or other individuals outside of
the country with the permission of the government – township sub-commissions will send advance
ballots and envelopes to the heads of relevant institutions or military units. These votes are transferred
3
This figure was current as of October 20, following the UEC’s announcement on October 16 that elections would
be cancelled in some areas for security reasons, as well as the UEC’s decision on October 18 to dissolve the Union
Democratic Party. These actions reduced the total number of candidates from 6,969 to 5,651, and the number of
women candidates from 1,112 to 907.
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Frequently Asked Questions
to the township sub-commission before Election Day and are counted and tabulated with the other
election results.
Have any advance voting provisions been made due to COVID-19?4
The Union Election Commission recently announced that it will use advance voting as a method to
enfranchise certain voters who may be affected by COVID-19. These special procedures provide an
option for advance voting for eligible voters who are over 60 years old and those who are away from
their constituency of origin and cannot return as a result of COVID-19 restrictions.
Are there provisions for out-of-country voting?
Voters eligible to vote out of country include diplomats, diplomatic staff and others assigned to carry
out duties outside the country; delegates and civil service personnel assigned outside the country by the
government; individuals working at an international organization, department of a foreign government,
or private business outside the country with the permission of the government; and state scholars
outside the country with the permission of the government. Eligible members of these individuals’
households may also vote out of country. These voters must submit Form 15 according to procedures
and deadlines established by the Union Election Commission. Voting is conducted in person at the
Myanmar embassy or consulate, and these votes are transferred to the relevant township sub-
commission prior to Election Day, where they are counted and tabulated in the election results.
What steps have been taken to safeguard the elections in response to
COVID-19?
The Union Election Commission (UEC) has taken several measures to protect voters, poll workers and
other election stakeholders from COVID-19 during the elections. These steps include:
• Consulting regularly with and involving health officials in election planning;
• Developing an online platform for checking the voter list;
• Creating additional provisions for advance voting for older voters and other voters who are
seriously ill;
• Ensuring that safe distances are maintained in polling station queues and between polling
station members and voters inside polling stations;
• Providing face masks and hand sanitizer for use by polling staff and voters at polling stations;
• Opening additional polling stations to reduce crowds; and
• Revising polling procedures and instructions for polling staff to reflect COVID-19 guidance.
The UEC held mock polling exercises in Naypyitaw on June 12 and throughout October to test the
implementation of safety measures, estimate the timing required to vote with these measures and
consult with health experts on the measures for each safety step. In June, this exercise was attended by
the UEC chairperson and commissioners, senior staff and heads of departments of the UEC Secretariat,
4
Status as of October 20, 2020.
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Frequently Asked Questions
members of the media, the Ministry of Health and Sports and around 100 UEC staff. Lessons learned
from mock polling exercises contributed to updates to the UEC polling and operations manual and to
continued efforts to improve safety of voters and polling station staff on Election Day.
Who can observe during Election Day? How can they get accreditation?
Domestic and international observers are permitted to observe the elections in accordance with
procedures established by the Union Election Commission (UEC). An individual or an organization
wishing to observe the elections must apply to the UEC to receive accreditation. Accredited election
observers are required to abide by the UEC’s Code of Conduct for elections observers and can observe a
variety of election processes including: advance voting; the candidate nomination scrutiny process; the
voter list display; polling and counting; and the announcement of results and public hearings of election
petitions by the Election Tribunals.
UEC guidelines require accredited election observers to:
• Respect and acknowledge the sovereignty of the Republic of the Union of Myanmar and follow
its laws, by-laws, orders, notifications, instruments and Code of Conduct for election observers,
including any COVID-19 risk mitigation measures;
• Report to the UEC and each sub-commission concerned;
• Visibly display observer identification cards while observing;
• Bear all financial costs of observation;
• Respect the role, rank, duty and authority of election officials;
• Respect local customs and culture;
• Observe objectively and without bias;
• Ensure the accuracy of electoral information reported by the election observation organization;
and
• Submit a final election observation report to the UEC.
A total of 8,416 domestic observers and three international observation missions are expected to
participate in the 2020 elections.
Where have elections been canceled?5
On October 16, the Union Election Commission (UEC) announced a list of 56 townships where elections
have been canceled for the 2020 elections due to security concerns. In 15 of these townships, elections
have been fully canceled, impacting 1,569 wards and village-tracts. The remaining 41 townships
impacted by this announcement have had their elections partially cancelled, with 582 wards and village-
tracts in these townships affected. The power of the UEC to postpone or cancel elections in an area due
to security or natural disaster is explicitly provided for in the Constitution, UEC Law and Hluttaw Election
Laws.
5
Status as of October 20, 2020.
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Frequently Asked Questions
What is the process for polling, counting and tabulation of votes?
Voting will be conducted at an estimated 43,200 polling stations on Election Day. As a safety measure in
response to the COVID-19 pandemic, the Union Election Commission (UEC) may establish additional
polling stations to avoid crowding at polling stations in areas with high numbers of voters. Polling
stations will be open from 6:00 a.m. to 4:00 p.m. If voters are still waiting to vote at the time polls close,
polling staff will make a list of names of those who arrived prior to or at 4:00 p.m. and allow those
individuals to vote. If all voters on the voter list for a polling station have cast their votes before
4:00 p.m., the polling station can be closed early. The inside constituency advance ballot box will be
delivered to the respective polling station before 6:00 a.m. on Election Day and will be counted at the
polling station.
After the polling station is closed, the counting process begins at the polling station. Polling teams
ensure that accredited observers and polling agents are able to observe the counting process. Results
from this counting process are entered into the results form, Form 16, which lists the total number of
voters for each candidate in both numerical form and in words, as well as Form 16A, which lists the
number of votes for ethnic representatives. Forms 16 and 16A are signed by the polling team and any
witnesses and observers present, and copies of the forms are distributed to the township sub-
commission, ward/village-tract sub-commission and polling station officer, with an additional copy
posted at the polling station. Forms 16 and 16A are then packed with other sensitive materials and
delivered to the township sub-commission for aggregation.
At the township sub-commission, and in the presence of observers, witness, candidates and agents,
votes from the individual polling stations are aggregated along with outside constituency advance and
out-of-country votes. The township sub-commission does not declare any results. Aggregated results are
compiled on Form 19, and this form is then delivered to the UEC. Once all results have been delivered to
the UEC and approved, the district or state/region sub-commission will announce the official results.
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Frequently Asked Questions
Resources
• Myanmar Electoral Resource and Information Network
• Constitution of the Republic of the Union of Myanmar
• Union Election Commission (UEC) Law (Myanmar)
• Political Parties Registration Law (Myanmar)
• Code of Conduct for Political Parties and Candidates
• Code of Conduct for Election Observers
• UEC Polling Manual for 2020 General Elections
• UEC Guide for Election Mediation Committees
About IFES in Myanmar
The International Foundation for Electoral Systems (IFES) supports stakeholders in Myanmar to build
more transparent, credible and inclusive electoral and political processes. Since 2012, IFES has worked
with the Union Election Commission (UEC) to provide technical assistance, support operational and
systems development and increase the knowledge and skills of UEC staff. IFES’ support for the UEC, civil
society and other stakeholders has resulted in significant improvements in Myanmar’s electoral
processes including voter education, training, and polling and counting procedures.
In the lead-up to Myanmar’s 2020 elections, IFES continues to support the UEC’s technical capacity to
administer elections and the efforts of 24 civil society partners to broaden inclusion and access to the
electoral process. These efforts include supporting the political inclusion of and voter education for an
estimated 5 million first-time youth voters through nationwide youth festivals, in-person and online civic
education programs, and interactive voter education game boxes. Civic and voter education materials
are being provided in 22 languages, including three braille languages. IFES and its partners also provided
online civic education training amid the COVID-19 pandemic. These efforts support inclusive elections by
breaking down information barriers and enhancing public understanding of the value of their vote. IFES
continues to work on advancing the political rights of persons with disabilities in Myanmar, including
persons with intellectual disabilities, and collaborating with disabled persons’ organizations to facilitate
trainings, research, campaigns and other initiatives that support inclusion in the electoral process.
Disclosure
These FAQs reflect decisions made by the Myanmar election authorities as of November 3, 2020, to the
best of our knowledge. This document does not represent any IFES policy or technical
recommendations.
This paper is made possible by the generous support of the Australian government’s Department of
Foreign Affairs and Trade; the Canadian Department of Foreign Affairs, Trade and Development; the
Danish Ministry for Foreign Affairs; the Swiss Agency for Development and Cooperation; the United
Kingdom’s Foreign Commonwealth and Development Office; and the United States Agency for
International Development. The information herein is provided by the author(s) and does not
necessarily reflect the views of these agencies or governments.
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