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A Group of Caring Malaysians coming together because we

believe:

Break0: Sepuluh Tahun Sebulum Merdeka (35min22sec)

IT STARTED IN 1946 !

Press Briefing on Electoral

Reform

Together we can make a DIFFERENCE

To educate, To empower, To mobilize, To act

HOUSE-KEEPING

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• Mobile phone to silent mode,

• Introduction,

• Stickers,

• Programme: Overview, problems,

solutions.

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4 Questions

I. Where are we?

II. How did we get here?

III. Where are we headed?

IV. How can we make it better?

PHILOSOPHY

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I. Free and Fair Elections (FAFE)

II. Two-Party State System

III. Educate & Empower Malaysians

IV. Action

V. Reduce Corruption

5 OBJECTIVES

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I. Independent EC to implement FAFE

II. Fair Electoral Laws & Regulations

III. Balanced Seat Size – reduce malapportionment

IV. Reduce Gerrymandering

V. Informed Electorate – Voter Education

VI. Take ownership of electoral process – PACABA

6 PREREQUISITES

Areas where Parliament can interfere with or control the EC

EC supposed to manage elections independently and fairly

Art. 32

Art. 44

Art 43

Art. 46Art. 45

Art. 113

Art. 114

Art. 40

Art. = Article

Management of elections

Art. 113

Articles 46, 113 – 119:46: Composition of House of Representatives,113: Conduct of elections,114: Constitution of EC,115: Assistance to EC,116: Federal Constituencies,117: State Constituencies,118: Method of challenging election,118A: Method of questioning election petition of no return,119: Qualifications of electors,

Elections Act 1958 (Act 19): EA,Election Offences Act 1954 (Act 5): EOA,Election Commission Act 1957 (Act 31): ECA,

Elections (Conduct of Elections) Regulation 1981: COE,Elections (Registration of Electors) Regulations 2002: ROE,Elections (Postal Voting) Regulations 2003: PV,New: Elections (Advance Voting) Regulations 2012: AV

Art. 114

Members and staff

Federal Constitution Art. 114:Chairman,Deputy Chairman,5 Members

Elections Act 1958 (Act 19): EAS3. Appointment of officers:Secretary, Deputies & Assistants,State Election Officers & Deputies,Returning officers & assistants,Enforcement officers & assistants,

S8. Chief Registrar of Electors, Deputy & assistants,Adjudicating officers

Elections (Conduct of Elections) Regulation 1981: COER12. Presiding officers & assistants,R12A. Other officers & staff

All ex-civil service!

All from the Federal Government through PSC!

Is there a conflict of interest?

Functions of Election Commission

• Redelineation of electoral boundaries,• Registration of electors,• Conduct of elections

Redelineation of electoral boundaries

Federal Constitution Articles:• Art. 46. Composition of House of

Representatives: Fixed by Parliament – 222 elected members. Require 2/3 majority to amend.

• Art. 113. Conduct of elections,• Art. 115. Assistance to EC: EC shall seek advice

of 2 Federal officers on topography and population distribution, selected by Agong,

• Art. 116. Federal Constituencies in accordance with Thirteenth Schedule – Provisions relating to delimitation of constituencies,

• Art. 117. State constituencies – 576 nos.

Redelineation of electoral boundaries

Key points:• Art. 113. Conduct of elections:(2)(ii) Review of constituencies: not less than 8 years and to be completed within 2 years,(3) If new territories added under Article 2, EC can choose to review in less than 8 years (one way to reduce the time interval).

Note: Previously there was an upper time limit of 10 years between reviews. This limit has been removed.

Redelineation of electoral boundaries

Abuse:• Gerrymandering,• Malapportionment.

A. GERRYMANDERING

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Four evenly matched districtsRedrawing of boundaries to give three-district advantage to Party 2

All districts produce an even votingratio for each party

District A,B,C votes 90% for Party 2District D votes 90% for Party 1

Party 1 Party 2SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html

2

2

22

2

2

2

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1

1

1

1414

Gerrymandering: Selangor ConstituenciesSame DUN but

separated by land and sea

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N45 SELAT KELANGSame DUN but

separated by land and sea

Island

Island

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Yellow segment is parked under N41 instead of N40!

Example of Gerrymandering:

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MALAPPORTIONMENT

Credit to: Ng CN

Average seat: 49,199 voters

Most small seats are BN blue

Most large seats are PR red

6,608

112,224

17 x Putrajaya

DESIGN: 1st 112 seats: 1.85 million.2008, BN contested 140 seats to win 112 seats. 2.08 million votes required (19%).

Total voter population: 10,922,140Total Parliament seats: 222Simple majority: 112 seats

Do you agree for 2 million to decide for 28 million?

Associate Prof Tey Tsun Hang: Impossible obstacle! Download: SPR: M'sia's electoral system: Govt of the people? 18

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Parliament 222 seats. Simple majority = 112 seats

Total voter population 10,922,140

Registration of electors

Elections Act 1958 (Act 19): EAS8. Chief Registrar of Electors, Deputy & assistants,Adjudicating officers.Regulations:Elections (Registration of Electors) Regulations 2002: ROE,Elections (Postal Voting) Regulations 2003: PV,

NRD Database?

Electoral Roll

Postal Voter Roll

Problems: Phantoms, mal-allocation, difficulties in registering as voter, overseas Malaysians deprived of voting privilege

Management of elections

Elections Act 1958 (Act 19): EAS3. Appointment of officers:State Election Officers & Deputies,Returning officers & assistants,Enforcement officers & assistants,

Election Offences Act 1954 (Act 5): EOA

Elections (Conduct of Elections) Regulation 1981: COER12. Presiding officers & assistants,R12A. Other officers & staff

Elections (Postal Voting) Regulations 2003: PV

Long history of complaints of abuse of power.

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HISTORICAL RESULTS !

YearAlliance Party/BN* Opposition Total

seatsSeats  % seats  % vote Seats  % seats  % vote

1959 74 71.15 51.7 30 28.85 48.3 104

1964 89 85.58 58.5 15 14.42 41.5 104

1969 95 65.97 49.3 49 34.03 50.7 144

1974 135 87.66 60.7 19 12.34 39.3 154

1978 130 84.42 57.2 24 15.58 42.8 154

1982 132 85.71 60.5 22 14.29 39.5 154

1986 148 83.62 55.8 29 16.38 41.5 177

1990 127 70.55 53.4 53 29.45 46.6 180

1995 162 84.38 65.2 30 15.62 34.8 192

1999 148 76.68 56.5 45 23.32 43.5 193

2004 198 90.41 63.9 21 9.59 36.1 219

2008 140 62.61 52.2 82 36.93 47.8 222

Party B Party PPolitics

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Analysts never consider cheating, greed & fear !

B66%

???19%

P15%

Before 1999, Parliamentary Seats

B from UMW (26%)

Min seats: P - 15%, B - 66%!

Actual support for B 40%.

Balance 26%: SPR Bias including gerrymandering, intimidation, malapportionment , postal votes, vote buying & cheating.

Does SPR Bias really affect 26%? Without data, it’s anybody’s guess. You can choose any no. you like.

B40%

SPR Bias 26%

Non-level playing field

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What can We do?

For that, we need:• BERSIH 2.0, or 3.0• Electoral Reform• Polling Agents!

SPR Bias 20%: How can we reduce it?

B40%

SPR Bias20%

???15%

P 25%

Parliamentary Seats - Future

We estimate that support for B is 40%, P 25%, Undecided 15%.And SPR Bias is 20%!

Please note: This is just a guess.

Free and Fair Elections!

That’s where we come in!