Fact Check: Can you vote if your name isn’t on the electoral roll? Read the facts here
As Maharashtra and Jharkhand vote for Assembly elections, a video featuring a woman explaining voting rights has gone viral.
By Md Mahfooz Alam Published on 19 Nov 2024 6:05 PM GMT
Claim: The video suggests ways to vote even if the name is missing from the electoral list at the polling booth or if the vote has already been cast by someone else.
Fact: Most of the information in the video is false. Only the claim about casting ‘tendered votes’ is true.
Hyderabad: Maharashtra and Jharkhand gear up for crucial State Assembly elections tomorrow, (November 20).
Maharashtra will have single-phase voting for all 288 seats, with the ruling BJP-led alliance battling the opposition Maha Vikas Aghadi in a high-stakes contest. Jharkhand enters its second and final voting phase, deciding the fate of 38 constituencies as the BJP looks to unseat the JMM-led government. Results for both States, pivotal for regional and national politics, will be announced on November 23.
Amid the elections, a video has been making rounds on social media featuring a woman discussing the rights of the public on voting day.
The video makes four claims regarding what voters can do at the polling booth if they don’t find their name in the electoral list or if they find that someone else has cast a vote in their name.
A Facebook user shared the video and wrote, “If you find out at the polling station that your name is not on the voter list, watch this video for guidance and follow the instructions accordingly.” (Translated from Marathi) (Archive)
Fact Check
NewsMeter found that three out of four claims made in the video are false.
In an old tweet shared on December 27, 2023, the Election Commission of India (ECI) also refuted the claims urging people not to share the video.
Here’s a breakdown of each claim.
Claim 1: If a voter’s name is missing from the electoral list, a ‘challenge vote’ can be cast under Section 49A by presenting the Aadhaar card as proof of identity.
The claim is false.
Section 35 of the Conduct of Election Rules, 1961, deals with the identification of electors to determine their eligibility to cast votes. Section 35(2) makes it mandatory for every voter to be listed on the electoral roll to be able to cast their vote. If a person’s name is not on the list, they will not be allowed to vote on the polling day.
Also, Section 49A has nothing to do with a ‘challenge vote’, although there is a provision in Section 49J for a polling agent to challenge the identity of the person claiming to be a registered voter. The voter must provide satisfactory proof of identity, and upon verification, they may cast their vote.
Claim 2: If you don’t find your name on the voter’s list, submit two passport-size photographs and Form No 8 at the polling station to cast your vote.
The claim is false.
Like the first claim, Section 35 doesn’t allow persons whose name is not on the electoral list to cast their vote, irrespective of the ID they can provide at the polling booth. Form No. 8 also has a different function than what is mentioned in the video.
As per the Election Conduct Rules, 1961, Form No 8 is used to make corrections or update details in the electoral roll. It is not intended for casting votes or addressing missing names on the voters’ list at the polling station.
Claim 3: If a voter finds that their vote has been cast by someone else in their name, they can ask for a ‘tender vote’ to rectify the issue.
The claim is true.
Section 49P of the Conduct of Election Rules deals with rules for casting tendered votes.
As per this section, “If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he (or she) shall, on satisfactorily answering such questions relating to their identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of which shall be in such language or languages as the Election Commission may specify.”
Simply put, if someone else has already cast a vote in your name, upon verification, you will be provided with a ‘tendered ballot’ instead of the regular voting machine to cast a vote.
Claim 4: If more than 14 per cent of votes at a polling station are ‘tender votes’, re-polling will be conducted at that station.
The claim is false. The number of tendered votes at a polling station can’t influence the process of re-polling.
Section 58 of the Representation of the People Act, 1951, allows for re-polling in specific cases such as:
- Booth capturing, as defined under Section 135A.
- Tampering or damage to voting machines or ballot boxes.
- Procedural irregularities or malpractices that may impact the election outcome.
Hence, we conclude that three out of the four claims in the video are false.
