2024 Sri Lankan Presidential Election
Presidential Elections in Sri Lanka
What our Constitution Says
The Constitution of Sri Lanka, especially Articles 31, 88, 89, 93, 94 and 101, defines the legal framework for Presidential Elections.
In this article, I record my notes from browsing the constitution, and a few related observations.
⚠️Please note, I’m no legal or constitutional expert. Consider the notes for what they are — those of a layperson.
Who can run for President? (31.1)
- Citizens
- Correctly Nominated (meaning, nominated by a political party, OR if an Member of Parliament, nominated by a political party (need not be their own), or any registered voter)
Who cannot run for President? (31.2)
- Already elected twice for president
When should elections be held? (31.3)
Between one and two months before the expiration of the current presidential term.
For example, the current presidential term began on November 16th, 2019. Hence, the next presidential election must be held between September 17th and October 16th, 2024.
The Election commission made an official media release of this fact, on May 9th, 2024.
What if the current President dies? (31.3A.b & 31.3A.c.iii)
If the current president dies between the date the election is announced, and the date of the election, the election is cancelled.
If the current President dies, the current Prime Minister becomes President. The new President appoints a Minister of the Cabinet as the new Prime Minister.
If the Prime Minister is unable to act as President, the Speaker shall act as President.
What if an election candidate dies? (31.3A.c.i)
If an election candidate dies between the close of the poll and the announcement of the results, proceed without change.
What if the winning candidate dies? (31.3A.c.ii & 31.4.a)
If the winning candidate is dead by the time results are to be announced, results shall not be declared, and a fresh election must be held.
Who can vote? (89, 101)
- Citizens
- At least 18 years old at the qualifying date (determined by Parliament)
- Of sound mind
- Not “criminally prosecuted” (see constitution for many details)
Should Elections be Free, Equal, and by Secret Ballot? (93)
Yes.
How many preferences may voters vote for? (94.1)
If there are at least three candidates, voters may specify a second preference.
If there are more than three candidates, voters may specify a second and a third preference.
Note, the 1988 Presidential election fielded three candidates. All other elections had more than three candidates.
How are preferences counted? (94.2 & 94.3)
If a particular candidate wins more than one-half (50%) of all first-preference votes, then that candidate is declared President.
If not, all candidates except the two who received the highest and second-highest number of first-preference votes are eliminates from the contest. Then, if the second preference votes of those who voted for the eliminated candidates are for one of the two remaining candidates, these are added to the votes of these candidates. Next, if the second preference votes of those who voted for eliminated candidates are not for one of the two candidates, but their third preference votes are, these are also added. Finally, the candidate with more votes is declared President.
Note, in every presidential election held so far, some candidate has won at least 50% of first preference vote. The closest a winning candidate got to not winning 50% was in 2005, when Mahinda Rajapaksa won 50.29% of the vote, less than 29,000 votes more than the one-half mark.
What if there is a tie? (94.4)
What if there is a tie when trying to determine which candidate is president, or which candidate should be eliminated?
Draw lots.
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Comment, if you have any questions, or spot any errors.
