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Fact Check

False Claims On 'Challenge Vote' And 'Tender Vote' Go Viral

BOOM found that while tendered votes are allowed, it's compulsory for a person's name to be listed in the voters' list for them to cast their vote.

By - Nidhi Jacob | 20 April 2024 7:27 PM IST

A viral WhatsApp forward, claiming to raise awareness among voters by explaining concepts such as 'challenge vote' and 'tender vote', is being falsely circulated across various social media platforms.

BOOM found that two out of three claims in the viral WhatsApp forward are false. 

The first phase of voting for the Lok Sabha Elections 2024 took place on Friday, April 19, covering 102 parliamentary seats across 21 states and Union Territories. The second phase is scheduled for April 26, followed by the third on May 7, the fourth on May 13, the fifth on May 20, the sixth on May 25, and the seventh on June 1. The results are slated to be declared on June 4.


Click here to view the post.

The same post has been circulating on Facebook too.


Fact-check

BOOM had previously fact-checked the same message in 2019 when it was being shared on WhatsApp with false claims. We had then reached out to V Citizens Action Network (VCAN), a civil society organisation partnered with the Election Commission of India (ECI) through the Chief Electoral Officer (CEO) of Maharashtra, who denied two claims in the message. 

Claim 1: When you reach the polling booth and find that your name is not in the voter's list. Just show your Aadhaar card or voter ID and ask for 'challenge vote' under section 49P and insist on casting your vote.

Rating: False

Fact: On April 19, the official X handle of the Chief Election Officer of Maharashtra clarified that it is mandatory for a person's name to be included in the voters' list in order to cast a vote. If your name is not in the voter list at the polling station where you have reached, you can check the polling station where your name is registered by visiting the ECI website or the voter helpline mobile app, the X post mentioned. 

Additionally, BOOM referred to the Election Commission of India’s Handbook for Presiding Officer 2023. Although the exact term 'challenge vote' wasn't found, the concept of a 'Challenged vote' is explained. It states that the polling agents can question someone's identity by paying Rs. 2 to the Presiding Officer for each challenge. If the officer doesn't find the challenge valid, the person can vote. But if the challenge seems valid, the person can't vote, and the Presiding Officer hands them over to the police.



 Claim 2: If you find that someone has already cast your vote, then ask for 'tender vote' and do cast your vote.

Rating: True 

Fact: According to the ECI's Handbook, under Section 'Tendered Votes', if a person claims to be a voter after another person has already voted using their identity, the Presiding Officer will verify their identity. If satisfied, the voter can still cast their vote using a tendered ballot paper, but not through the voting machine. This paper will have the same design as the regular ballot paper and will be stamped 'tendered ballot paper' on the reverse side.


Claim 3: If any polling booth records more than 14% tender votes, re-polling will be conducted in such poling booths.

Rating: False

Fact: BOOM did not find any provision in the Handbook indicating that re-polling would occur if the number of tendered votes exceeded the 14% mark. Similarly, our 2019 fact-check on the same claim confirmed that there is no legal provision for a re-poll in the case of a challenged vote. Additionally, the CEO of Maharashtra had told BOOM that there is no provision for a re-poll even if there is an unusually high percentage of tender votes. 

An ECI spokesperson had also confirmed to BOOM back then that the WhatsApp message circulating is fake.

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