Bellwether Forum observes Mongolia's elections

From 20,000 feet, Mongolian election law appears to create a fair system.  It defines procedures for voter registration, campaigning, vote tallying, and monitoring by foreign and domestic election observers. 

But as we recently learned as foreign observers during the Mongolian Presidential election, the devil’s in the details — and some foreign observers are unwittingly part of the problem rather than the solution.

If Communists are anything they are resilient and resourceful, as shown by their survival and resurgence all over the world nearly two decades after the Cold War.  What better validation could there be of a flawed election than foreign observers who publicly state that it was free and fair? 

That is exactly what happened last year in the June 29, 2008 Parliamentary elections.  Blatant fraud by Mongolian People’s Revolutionary Party (MPRP) was excluded from foreign observer reports.  For instance, intentional power outages during 2008 vote tallying allowed ballot boxes to be switched in the darkness.  Bribery of voters as well as counters was witnessed.  Assurances by General Election Committee were distrusted due to its composition: eight of nine Committee members were MPRP.  Many Mongolians believed MPRP had stolen the 2008 Parliamentary elections, leading to unprecedented civil unrest, protests and imprisonments.  Foreign observers acknowledged irregularities — but they publicized a professional conclusion that the Parliamentary elections had been sufficiently free and fair.

By April 2009, State Great Hural had made numerous revisions to the election law.  Bellwether Forum, an American non-profit organization, sent seven foreign observers to Mongolia in May 2009.  Bellwether Forum observers were tasked with analyzing implementation of the revised election law and identifying gaps that still allowed for election fraud in the Presidential election of May 24, 2009.

The seven Bellwether observers were split into five groups, each paired with Mongolian drivers and translators.  The five groups visited over 100 unique polling places during polling hours, which ran from 7:00am to 10:00pm.  Next, Bellwether observers selected polling sites where potential for fraud was greatest.  Bellwether observers stayed at these sites throughout the entire vote counting process.  Vote counting began at 10:00pm and lasted throughout the night, in one station as late as 9:30am the next day.  The following examples are typical of Bellwether experiences during the 2009 Presidential election.

One Bellwether observer entered a Presidential polling site and was met by a Ph.D.-qualified foreign observer from a different organization.  The other observer stated that he had been on site since opening of the polls and had no concerns.  However, the Bellwether observer identified an unsealed ballot box behind the desk of the MPRP election committee chairman of the election committee.  The Bellwether Forum observer also uncovered voter book list discrepancies and witnessed MPRP committee members assisting voters inside the booths.  Bellwether noticed time and time again that other foreign observers were simply undertrained and unaware of how to detect potential fraud.

In one vote counting location, there were extensive high-pressure arguments over almost every point.  MPRP attempted to sway results by limiting video recording and photography, ejecting observers, and rejecting ballots.  Considering how easily fraud can occur in vote tallying, Bellwether observers had to be vigilant throughout the night.  Bellwether observers even carried flashlights in case the 2008 power-outage trick had been tried again.

 Fortunately, the 2009 Presidential election outcome was not disputed by any party.  The incumbent President conceded defeat on May 25, 2009.  But based on Bellwether’s detailed observations of every aspect of Election Day activities, Bellwether makes the following recommendations for continued Mongolian election law improvements.

• Reduce voter roll fraud by closing the voter registration period 30 days before the election.  Expand usage of computer-generated rather than handwritten voter rolls.  In the current system, handwritten rolls can allow voters to be added on the spot without detection.
• Limit General Election Committee’s rule-changing authority to 30 days before the election.  In a few polling stations, the election committee claimed that GEC issued a rule late the evening before Election Day allowing same-day registration of voters.  Most polling stations were unaware of this rule, if it even existed at all.  Uniformity and predictability of rules are important characteristics of transparent elections.
• Implement legislation allowing Mongolian courts to intervene immediately, issuing injunctive relief, when election workers refuse to follow the law.

Furthermore, sponsoring organizations for election observers must do a better job of training their teams.  Bellwether Forum noticed other observers spending their hours seated far from the action rather than standing, walking, and discussing procedures with election workers.  Eternal vigilance is the price of liberty.

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  Mongolia's Democratic Party members and officials attend Bellwether Forum's political training seminar.
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  The board of Bellwether Forum pose with Mongolian President, Elbegdorj Tsakhia and ? after a training seminar for Mongolia's Democratic Party.
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  Bellwether Forum board member Robert Painter speaks to the Mongolian press after a training seminar for Mongolia's Democratic Party. President Elbegdorj Tsakhia, then the Mongolian Prime Minister, listens.

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