Election Issues and Fears

Some have asked what this election observation business is all about and what an international presence brings to the process. For me personally, the most important reason that I do it is to bear witness to people regaining their dignity and equality by casting their votes in what are hoped to be free and fair elections. It really means a lot to the Salvadoran people to have so many make this effort on their behalf. Some thank us with words, others with a smile. It is very rewarding.

As for our work, we note anamolies that occur and heighten the issues that need to be resolved in order to have a sound electoral system. The Centro de Intercambio y Solidaridad (CIS), with whom I have observed three elections, has monitored all elections in El Salvador since the signing of the Peace Accords in 1992. Their analysis and recommendations, to which all observers contribute, are taken seriously by the Tribunal Supremo Electoral (TSE). Many of CIS's recommendations have been implemented although often later, rather than sooner!

The main issues being faced in the 2009 elections were:

• Splitting the elections into two parts -- Presidential elections are held every five years and legislative and municipal, every three. In those years when they overlap, they have all been scheduled for March, until this year. The TSE is under the primary control of the rights-wing ARENA party. Their decision to hold the legislative and municipal elections in January and the presidential in March was clearly a political one. The left-wing FMLN party was favored in the polls early on. It was hoped that by splitting the elections, the FMLN's anticipated presidential win would not have a "rub-off" effect on local races. The FMLM lost San Salvador in the municipal elections but otherwise faired well in January and prevailed in March.


• Propaganda -- The great thing about Latin elections is that they call it like it is! According to the Electoral Code, campaigning is not to start until four months prior to an election. This was a conveniently forgotten fact as all parties began their campaigns at least a year in advance. Both party leaders and the media should have been sanctioned but no action was taken against them. Three out of five TSE Magistrates condoned the early propaganda as long as it did not specify, "Vote for Candidate X." There was quite a bit of consternation on the FMLN's part over propaganda made by individuals and groups of individual groups as the Code specifies that propaganda can be made only by the parties. As you might have guessed, this type of propaganda was extraordinarily negative and dirty--unbelievably so.


• Electoral Registry -- The "purity" of the national registry was called into question. The mayoralities are responsible for submitting updates (e.g. moves, deaths, etc.). Approximately three-quarters are controlled by ARENA and other conservative parties. It appeared that they dragged their heels submitting changes on a timely basis so there was great fear that the dead would be voting en masse. The Code does not include regulations about address changes, i.e. someone can obtain a voter card (known as DUI's!) with having to verify their address, which prompted additional fears.


• TSE Composition -- The TSE is composed of five Magistrates and five Alternates. Three of each are to come from the political parties which received the most votes in the last presidential election with a minimum threshold of 3% of the vote. The other two members are appointed by the Supreme Court. The "third" political appointee is from the right-wing PCN party even though its vote fell below the 3% requirement. "Special arrangements" were made to its favor even though this violated the Constitution and the Electoral Code. A more concerning issue about the TSE is that it is responsible for both the administrative and judicial functions, i.e. it is monitors itself. This flaw was recognized by ARENA and FMLN and both proposed an electoral reform in their platforms.


• Campaign financing -- No legislation exists to control the amounts spent or their sources. The TSE does not have access to the amounts of money raised by the parties.


• Training of Election Workers -- The parties are responsible for training their members who work the polls on election day. This often results in inconsistencies and partisanship in the process.


• Lack of Residential Voting -- Polling stations are assigned by last name in El Salvador. Following traditional Spanish naming conventions, almost all married women continue to use their maiden names while their children take the father's name. This means that families vote in different places. This is not a problem in smaller communities where there is only one polling place, but it does present a significant problem in larger cities. In 2006 and again this year, the TSE conducted pilot programs for residential voting in the Department of Cuscatlan.

The FMLN expressed concern over a number of things, in addition to the integrity of the Electoral Registry:

• Transport of voters from outside the country -- As in past years, there was worry that "voters" might be imported from Guatemala and Honduras. This is very difficult to prove but was in a few cases.


• Transport of voters within the country -- Given the ease of obtaining voter credentials, the possibility of people voting twice existed. Some of these cases were proven, as well.


• Purchase of votes -- In 2004, votes were said to be purchased for $10. In 2006, it was $20. By January 2009, it was $25. I met a man the day before the election who told me that he had been offered $50 the day before. He had very specific information as to the place and the person but unfortunately, our group was not able to follow up on his lead.

ARENA's greatest fear was the the FMLN would win the election and assume the presidency for the first time in history. Their fear was well founded!