ELECTION COMMISSION MALAYSIA

SCOPE OF BRIEFING

1. INTRODUCTION TO THE ELECTION COMMISSION OF MALAYSIA

2. NEW MEASURES AND PROCEDURES IMPLEMENTED DURING THE 13th GENERAL ELECTIONS

3. CONDUCT OF ELECTION

M A L A Y S I A

SOUTH CHINA SEASOUTH CHINA SEA

74,398 sq. km.

124,449 sq. km.

PENINSULARMALAYSIA

SARAWAK

SABAH

Total area 330,434 sq. km.

Population:29 millions

131,587 sq. km.

Registered Voters : 13,291,385(22 FEB 2013)

33

44

1. THE ELECTION COMMISSION (EC) IS AN

ORGANISATION TASKED WITH THE RESPONSIBILITY

TO CONDUCT ELECTIONS, PREPARE AND REVISE

ELECTORAL ROLLS AND REVIEW OF THE ELECTORAL

CONSTITUENCIES

2. THE EC IS ESTABLISHED UNDER ARTICLE 114 OF THE

FEDERAL CONSTITUTION OF MALAYSIA

3. APPOINTING AUTHORITY : H.M. YANG DI-PERTUAN

AGONG (THE KING) IN CONSULTATION WITH THE

CONFERENCE OF RULERS (ARTICLE 114(1) OF THE FEDERAL

CONSTITUTION)

(ARTICLES 113 AND 114 OF THE FEDERAL CONSTITUTION)

INTRODUCTION TO ELECTION COMMISION

5

4. COMPOSITION : - CHAIRMAN- DEPUTY CHAIRMAN- 5 OTHER MEMBERS

5. DURATION OF APPOINTMENT : WILL SERVE UNTIL THE AGE OF 66 (ARTICLE 114(3) OF THE FEDERAL CONSTITUTION )

(ARTICLES 113 AND 114 OF THE FEDERAL CONSTITUTION)

INTRODUCTION TO ELECTION COMMISION

ELECTION COMMISSION MALAYSIA (ARTICLE 114 PERLEMBAGAAN PERSEKUTUAN)

MEMBERDATUK DR.

P.MANOGRAN

MEMBERDATO HAJI

MOHD RAMJI BIN ALLI

DEPUTY CHAIRMANDATUK WIRA HAJI WAN AHMAD BIN WAN

OMAR

MEMBERDATUK

CHRISTOPHER WAN SOO KEE

MEMBERDAT0’ HJ. MD.

YUSOP BIN HJ.MANSOR

MEMBERTUAN HAJI

ABDUL AZIZ BIN KHALIDIN

CHAIRMANTAN SRI DATO’ SERI HAJI

AB. AZIZ BIN MOHD YUSOF

PARLIAMENTARY CONSTITUENCIES PARLIAMENTARY CONSTITUENCIES

& STATE CONSTITUENCIES& STATE CONSTITUENCIES

STATES IN MALAYSIA PARLIAMENTARY

CONSTITUENCIES

STATE

CONSTITUENCIES

PERLIS

KEDAH

KELANTAN

TERENGGANU

PULAU PINANG

PERAK

PAHANG

SELANGOR

W.P.KUALA LUMPUR

W.P.PUTRAJAYA

N. SEMBILAN

MELAKA

JOHOR

W.P. LABUAN

SABAH

SARAWAK

3

15

14

8

13

24

14

22

11

1

8

6

26

1

25

31

15

36

45

32

40

59

42

56

-

-

36

28

56

-

60

71

TOTAL 222 576

77

1. FEDERAL CONSTITUTION2. STATE CONSTITUTIONS3. ELECTIONS COMMISSION ACT 19574. ELECTIONS ACT 1958 5. ELECTION OFFENCES ACT 19546. ELECTIONS (REGISTRATION OF ELECTORS)

REGULATIONS 20027. ELECTIONS (CONDUCT OF ELECTIONS)

REGULATIONS 19818. ELECTIONS (POSTAL VOTING) REGULATIONS

2003

LAWS AND REGULATIONS

88

OTHER RELATED LAWS

1. POLICE ACT 19672. ANTI-CORRUPTION ACT 19973. PRINTING AND PUBLICATIONS ACT 19844. SEDITION ACT 19485. PENAL CODE6. HOUSING AND LOCAL GOVERNMENT ACT

1976 AND REGULATIONS IN RELATION TO LOCAL GOVERNMENTS

7. SOCIETIES ACT 19668. PEACEFUL ASSEMBLY ACT 2012

99

NUMBER OF ELECTION MANAGEMENT VENUESNUMBER OF ELECTION MANAGEMENT VENUES

1010

VENUES TOTAL

NOMINATION CENTRESNOMINATION CENTRES 222222

OFFICIAL VOTE TALLYING OFFICIAL VOTE TALLYING CENTRESCENTRES

222222

POLLING CENTRESPOLLING CENTRES 8 , 6628 , 662

POLLING STATIONS (STREAMS)POLLING STATIONS (STREAMS) 26 , 01726 , 017

CATEGORY OF VOTESCATEGORY OF VOTES

CATEGORY TOTAL

ORDINARY VOTERS 13 , 014,973

POSTAL VOTERS 276 , 412

TOTAL 13 , 291,365

1111

CATEGORY TOTAL

RETURNING OFFICERS 222

ASSISTANT RETURNING OFFICERS

1100

ELECTION CAMPAIGN ENFORCEMENT TEAM

383

ELECTION STAFF 228,090

TOTAL 229 , 795

1212

CATEGORY OF ELECTION PERSONNELCATEGORY OF ELECTION PERSONNEL

CHANGES DURING THE 13th GENERAL ELECTIONS

1. 1. NOMINATION OF CANDIDATESNOMINATION OF CANDIDATES

1414

1.1.1.1. NOMINATION PAPERS (FORM 4/4A) AND NOMINATION PAPERS (FORM 4/4A) AND

STATUTORY DECLARATIONS STATUTORY DECLARATIONS (FORM 5/5A )(FORM 5/5A )(ONLY ONE COPY REQUIRED).(ONLY ONE COPY REQUIRED).

1.2.1.2. SPECIFIC SPACE OR AREA OR TENTS WILL SPECIFIC SPACE OR AREA OR TENTS WILL NOT BE PROVIDED FOR PARNOT BE PROVIDED FOR PARTY SUPPORTERS TY SUPPORTERS ON NOMINATION DAY.ON NOMINATION DAY.

1.3.1.3. NO OBJECTIONS ON NOMINATION PAPERS ON NO OBJECTIONS ON NOMINATION PAPERS ON NOMINATION DAY.NOMINATION DAY.

1.4.1.4. NO CANDIDATE IS ALLOWED TO WITHDRAW NO CANDIDATE IS ALLOWED TO WITHDRAW CANDIDATURE AFTER 10 A.M.CANDIDATURE AFTER 10 A.M.AFTER CONFIRMATION OF CANDIDACY.AFTER CONFIRMATION OF CANDIDACY.

1.51.5 INTRODUCTION OF 30 NEW INDEPENDENT INTRODUCTION OF 30 NEW INDEPENDENT SYMBOLS.SYMBOLS.

22. . POSTAL VOTINGPOSTAL VOTING

1515

2.1.2.1. QUALIFIED MALAYSIANS ABROAD ALLOWED TO QUALIFIED MALAYSIANS ABROAD ALLOWED TO VOTE BY POST.VOTE BY POST.

2.2.2.2. QUALIFIED MEDIA PERSONNEL REGISTERED QUALIFIED MEDIA PERSONNEL REGISTERED WITH THE MINISTRY OF INFORMATION, WITH THE MINISTRY OF INFORMATION, COMMUNICATIONS AND CULTURE COMMUNICATIONS AND CULTURE ALLOWED TO VOTE BY POST.ALLOWED TO VOTE BY POST.

2.3.2.3. POLICE PERSONNEL ON OPERATIONAL POLICE PERSONNEL ON OPERATIONAL DUTIES ON ADVANCE VOTING DAY ALLOWED DUTIES ON ADVANCE VOTING DAY ALLOWED TO VOTE BY POST. (THEY NEED TO APPLY).TO VOTE BY POST. (THEY NEED TO APPLY).

2.4.2.4. ARMED FORCES PERSONNEL ON ARMED FORCES PERSONNEL ON OPERATIONAL DUTIES ON ADVANCE VOTING OPERATIONAL DUTIES ON ADVANCE VOTING DAY ALLOWED TO VOTE BY POST. DAY ALLOWED TO VOTE BY POST. ( THEY NEED TO APPLY).( THEY NEED TO APPLY).

2.5.2.5. CHOICE FOR ELECTION STAFF APPOINTED BY CHOICE FOR ELECTION STAFF APPOINTED BY THE ELECTION COMMISSION TO VOTE BY POST.THE ELECTION COMMISSION TO VOTE BY POST.

3. VOTING AND COUNTING OF VOTES

1616

3.1. USE OF INDELIBLE INK.

3.2. A TRUSTED THIRD PARTY ALLOWED TO ACCOMPANY PHYSICALLY CHALLENGED INDIVIDUALS (THEY MUST BE MALAYSIAN AGE 21 YEARS OLD ABOVE).

3.3. ADVANCE VOTING FOR POLICE, POLICE GENERAL OPERATION AND SPOUSES AND ARMED FORCES PERSONNEL AND SPOUSES.

1717

33.4.4 POLLING CENTRES OF ORDINARY VOTING AT POLLING CENTRES OF ORDINARY VOTING AT

SCHOOLS/HALLS.SCHOOLS/HALLS.

3.53.5 POLLING CENTRES OF ADVANCE VOTING FOR POLLING CENTRES OF ADVANCE VOTING FOR THE POLICE AT THE POLICE AT POLICE CONTINGENTS / POLICE CONTINGENTS / POLICE DISTRICT HEADQUARTERS.POLICE DISTRICT HEADQUARTERS.

3.63.6 POLLING CENTRES FOR ARMED FORCES POLLING CENTRES FOR ARMED FORCES PERSONNEL AT CAMPS.PERSONNEL AT CAMPS.

1818

3.7 ADVANCE VOTING TO BE HELD AT LEAST 3 DAYS BEFORE ORDINARY POLLING DAY.

3.8 COUNTING OF ADVANCE VOTING VOTE TO BE CARRIED OUT AFTER 5PM ON POLLING DAY.

3.93.9 THE PRESENCE OF INTERNATIONAL AND THE PRESENCE OF INTERNATIONAL AND DOMESTIC(LOCAL NGOS) ELECTION DOMESTIC(LOCAL NGOS) ELECTION OBSERVERS WHO WILL OBSERVE OBSERVERS WHO WILL OBSERVE ALL ALL VOTING PROCESSES.VOTING PROCESSES.

1919

3.10 PROVIDE LATEST INFORMATION VIA 3.10 PROVIDE LATEST INFORMATION VIA SPECIAL WEBSITE / PORTASPECIAL WEBSITE / PORTALL

3.113.11 ONE DAY ONLYONE DAY ONLY

2020

3.123.12 THE USE OF PLASTIC SEALING (MOUSE THE USE OF PLASTIC SEALING (MOUSE TAIL) IN SEALING THE TAIL) IN SEALING THE BALLOT BOX REPLACING THE CLIP SEAL.BALLOT BOX REPLACING THE CLIP SEAL.

3.133.13 INTRODUCTION ON THE USE OF SPECIAL INTRODUCTION ON THE USE OF SPECIAL ELECTION COMMISSION STAMP ELECTION COMMISSION STAMP REPLACING THE USE OF PERFORATOR.REPLACING THE USE OF PERFORATOR.

3.143.14 THE USE OF BALLPOINT PEN WHEN THE USE OF BALLPOINT PEN WHEN CASTING VOTE REPLACING PENCILS.CASTING VOTE REPLACING PENCILS.

3.153.15 THE USE OF LABEL WHEN SEALING OF THE USE OF LABEL WHEN SEALING OF THE BALLOT BOX AFTER THE CLOSING OF THE BALLOT BOX AFTER THE CLOSING OF POLL.POLL.

2121

DISSOLUTION OF PARLIAMENT/ STATE LEGISLATIVE ASSEMBLIES

WRIT

NOMINATION DAY

NORMAL POLLING DAY

NOT LESS THAN 4 DAYS

NOT LESS 3 DAYS

NO SPECIFIC PERIOD

REGULATION3(1) – ELECTIONS REGULATIONS (CONDUCT OF ELECTIONS )1981

REGULATION 3(1) – ELECTIONS REGULATIONS (CONDUCT OF ELECTIONS) 1981

NOTICE

AT LEAST ONE DAY

ADVANCE POLLING DAY

NOT LESS 7 DAYS

QUALIFICATION OF CANDIDATES TO QUALIFICATION OF CANDIDATES TO BE MEMBERS OF PARLIAMENT OR BE MEMBERS OF PARLIAMENT OR STATE LEGISLATIVE ASSEMBLIESSTATE LEGISLATIVE ASSEMBLIES

1. MALAYSIAN CITIZEN

2. NOT LESS THAN 21 YEARS OLD ON THE DAY OF NOMINATION

3. RESIDENT IN MALAYSIA

4. RESIDENT OF THE STATE (FOR STATE LEGISLATIVE ASSEMBLY SEAT)

2222

QUALIFICATION OF CANDIDATES TO BE MEMBERS OF PARLIAMENT OR STATE LEGISLATIVE ASSEMBLIES

5. HAS NOT BEEN DISQUALIFIED UNDER ARTICLE 48 OF THE FEDERAL CONSTITUTION

a. NOT OF UNSOUND MINDb. NOT AN UNDISCHARGED BANKRUPTc. NOT HOLD AN OFFICE OF PROFIT d. HAS NOT BEEN CONVICTED BY A COURT OF

LAW AND SENTENCED TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR HAS NOT BEEN FINED MORE THAN RM 2,000

23

QUALIFICATION OF CANDIDATES TO BE MEMBERS OF PARLIAMENT OR STATE LEGISLATIVE ASSEMBLIES

e. HAS NOT ACQUIRED CITIZENSHIP OF ANOTHER COUNTRY

f. HAS NOT FAILED TO SUBMIT STATEMENT OF ELECTION EXPENSES AS REQUIRED BY LAW

g. HAS RESIGNED HIS/HER MEMBERSHIP OF THE HOUSE OF THE REPRESENTATIVES

(ARTICLE 47 OF THE FEDERAL CONSTITUTION)

24

NOMINATION DAY

1. NOMINATION DAY IS THE DAY CANDIDATES SUBMIT THEIR NOMINATION PAPERS TO THE RESPECTIVE RETURNING OFFICERS

2. TIME OF NOMINATION

a. FROM 9.00 AM - 10.00 AM :-

SUBMISSION OF NOMINATION PAPERS

2525

1.1 PARLIAMENT : RM 10,000

1.2 STATE ASSEMBLY : RM 5,000

1.3 FORFEITED IF THE CANDIDATE OBTAINS LESS THAN ONE - EIGHTH (1/8) OF TOTAL VOTES POLLED BY ALL CANDIDATES.

(REGULATION 5 (1) AND 5 (7) ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981)

2626

ELECTION DEPOSITS

A CANDIDATE MUST APPLY FOR A PERMIT FOR AN ELECTION CAMPAIGN MATERIAL FROM STATE ELECTION OFFICER AND LOCAL AUTHORITY.

1. PARLIAMENT : RM 5000

2. STATE ASSEMBLY : RM 3000

2727

ELECTION CAMPAIGN MATERIAL DEPOSIT

NOTES:

a. FORFEITED IF THE CANDIDATE FAILED TO REMOVE ALL THE ELECTION CAMPAIGN MATERIALS WITHIN

14 DAYS AFTER POLLING DAY

b. IF THE COST OF REMOVING THE ELECTION CAMPAIGN MATERIAL EXCEEDS THE DEPOSIT FORFEITED THE DIFFERENCE SHALL BE PAID BY THE CANDIDATE

(SECTION 24B ELECTION OFFENCES ACT 1954)

2828

ELECTION CAMPAIGN MATERIAL DEPOSIT

6/3/20136/3/2013 2929

Barisan Nasional (BN)

Parti Pesaka Bumiputera Bersatu Sarawak (PBB)

Parti Keadilan Rakyat (PKR) Parti Islam Se Malaysia (PAS)

Parti Rakyat Malaysia(PRM)

Parti Pertubuhan Pasokmomogun

Kadazandusun Murut Bersatu(UPKO)

Parti Kesej ahteraan Insan Tanah Air (KITA)

Parti Tindakan Demokratik (DAP)

Parti Liberal Demokratik (LDP)

Parti Progresif Penduduk Malaysia

(PPP)

Parti Bersatu Sasa Malaysia (BERSAMA)

Malaysia United People’s Party (MUPP)

Parti Maj u Sabah (SAPP)

Parti Reformasi NegeriSarawak (STAR)

Parti Kongres Indian Muslim Malaysia (KIMMA)

Parti Pekerja Sarawak (SWP) Parti Gerakan Rakyat Malaysia (GERAKAN)

Parti Barisan India Se-Malaysia (AMIPF)

Parti Punj abi Malaysia (PPM) Parti Pertubuhan Kebang saan Melayu Bersatu

(UMNO)

Parti Pekerja-Pekerja Malaysia

Sarawak United People’s Party (SUPP)

Parti Demokratik Progresif Party (SPDP)

Parti Kongres India Malaysia (MIC)

Parti Bersatu Sabah (PBS)

Barisan Jemaah Islamiah Se-Malaysia (BERJASA)

Parti Persatuan Cina Malaysia (MCA)

Parti KongresCeylonese Malaysia

Parti Kebangsaan Sarawak (SNAP)

Parti Sosialis Malaysia(PSM)

Parti Rakyat Sarawak (PRS) Parti Cinta Malaysia (PCM)

Parti Makkal SaktiMalaysia (M.M.S.P)

JUMLAH : 32 PARTI

LIST OF POLITICAL PARTIES REGISTERED WITH THE EC

30

AEROPLA NE

REGISTERED SYMBOLS FOR INDEPENDENT CANDIDATES

BA G BIRD BOOK SAMPA N CAR

CHA IR CLOCK CUP ELEPHA NT FISH

GLASS

HIBISCUS HORSE CA NGKUL HOUSE KETTLE

KEY

MOTORCYCCLE

TIE

TELEVISIONTREETELEPHONETABLE

PEN PRAWN RABBIT SHIRT SPECTACLE

WRIST WATCH

POLLING DAY

PENINSULAR MALAYSIA,

SABAH AND SARAWAK

8.00 AM TO 5.00 PM

ONE DAY VOTING

31

ESTABLISHMENT OF ELECTION CAMPAIGN ENFORCEMENT TEAM

THE ELECTION COMMISSION MAY ESTABLISH AN ENFORCEMENT TEAM OR ANY NUMBER OF ENFORCEMENT TEAMS FOR THE PURPOSE OF MONITORING AND CONTROLLING THE ACTIVITIES OF THE CANDIDATES DURING THE CAMPAIGN PERIOD UNTIL THE EXPIRATION OF THE POLLING DAY

(SECTION 27B OF THE ELECTION OFFENCES ACT 1954)

32

MEMBERSHIP OF ELECTION CAMPAIGN ENFORCEMENT TEAM

AN ENFORCEMENT TEAM SHALL CONSIST OF :

a. AN ENFORCEMENT OFFICER APPOINTED UNDER PARAGRAPH 3(1)(d) OF THE ELECTION ACT 1958

b. A POLICE OFFICER WHO IS NOT BELOW THE RANK OF AN INSPECTOR

c. A REPRESENTATIVE OF THE LOCAL AUTHORITYd. A POLITICAL PARTY`S REPRESENTATIVE

(SECTION 27C OF THE ELECTION OFFENCES ACT 1954)

33

FUNCTIONS OF THE ELECTION CAMPAIGN ENFORCEMENT TEAM

1. TO PATROL AND MONITOR THE ACTIVITIES OF CANDIDATES

2. TO BRING DOWN ANY CAMPAIGN MATERIAL WHICH CONTRAVENES ELECTION LAWS

3. TO STOP PUBLIC ADDRESS OR LECTURE WHICH CONTRAVENES ELECTION LAWS

4. TO CONTROL AND COORDINATE CAMPAIGN ACTIVITIES

(SECTION 27E OF THE ELECTION OFFENCES ACT 1954)

34

POLLING CENTRES

1. SCHOOL BUILDINGS, TOWN HALLS AND COMMUNITY CENTRES

2. EACH POLLING CENTRE - 1-6 POLLING STATIONS(IDEAL)

3. EACH POLLING STATION - MAXIMUM OF 800 ELECTORS

4. EACH POLLING STATION - MANAGED BY A PRESIDING OFFICER AND 4 POLLING CLERKS

(SECTION 7 (1) ELECTIONS ACT 1958)

35

VOTING

1. ONLY A REGISTERED VOTER IN THE ELECTORAL ROLL AT THE POLLING STATION IS ALLOWED TO VOTE

2. PROOF OF IDENTIFICATION - IDENTITY CARD OR OFFICIAL DOCUMENTS BEARING PHOTOGRAPH OF AN ELECTOR

3. SECRET VOTING – DONE IN A POLLING BOOTH BY MARKING IN A BOX AGAINST THE NAME OF THE CANDIDATE ON A BALLOT PAPER

36

VOTING

4. INDELIBLE INK MARKED ON THE VOTER`S INDEX FINGER BEFORE BALLOT PAPERS ISSUED

5. DIFFERENT COLOURED BALLOT PAPERS FOR PARLIAMENT AND STATE ASSEMBLIES

37

38

POLLING STATION LAYOUT

CHAIR FOR DISABLED VOTER

POLICE PERSONNEL

POLLING CLERKS

POLLING AGENTS

VOTING BOOTH

BALLOT BOX

PRESIDING OFFICER

SIGNAGE FOR VOTER IN OR OUT

SIGNAGES GUIDE :

AGENTS

PO

CPC1 PC2 PC3

PC1 PC2 PC3

BB

BB

BB

AGENTS

C

PO

PC4

POLLING AND COUNTING AGENTS ( ELECTIONS SCRUTINY)

POLLING AND COUNTING AGENTS ARE ALLOWED UNDER THE LAW TO SCRUTINISE ELECTION PROCEEDINGS ON BEHALF OF CANDIDATES BOTH AT POLLING AND COUNTING CENTRES.

(SECTION 14 OF THE ELECTION OFFENCES ACT 1954)

COUNTING OF VOTES

1. COUNTING IS CARRIED OUT IN EACH POLLING STATION OR IN CENTRALISED COUNTING CENTRES;

2. RECOUNTING OF VOTES ALLOWED AT POLLING STATION ONLY ONCE IF THE DIFFERENCE OF VOTES BETWEEN A LEADING CANDIDATE AND THE NEXT LEADING CANDIDATE 4 % OR LESS;

3. TALLYING OF VOTES WILL BE DONE AT THE OFFICIAL TALLYING CENTRES.

(REGULATION 25(13) OF THE ELECTIONS(CONDUCT OF ELECTIONS) REGULATIONS 1981)

40

ANNOUNCEMENT OF RESULT

1. RESULTS FROM POLLING STATIONS ARE TALLIED AT OFFICIAL TALLYING CENTRES;

2. CANDIDATE WITH THE HIGHEST NUMBER OF VOTES IS DECLARED THE WINNER EITHER FOR PARLIAMENT OR STATE LEGISLATIVE ASSEMBLY.

41

SUBMISSION OF ELECTION EXPENSES

ELECTION EXPENSES ARE TO BE SUBMITTED TO THE ELECTION COMMISSION WITHIN 31DAYS AFTER THE ELECTION RESULTS ARE GAZETTED.

1. PARLIAMENTARY – NOT EXCEEDING RM 200,000.00

2. STATE ASSEMBLY – NOT EXCEEDING RM 100,000.00

(SECTION 23 OF THE ELECTION OFFENCES ACT 1954)

42

ELECTION PETITIONS

1. ELECTION PETITIONS MAY BE FILED IN THE HIGH COURT WITHIN 21 DAYS AFTER THE ELECTION RESULTS HAVE BEEN GAZETTED

(SECTION 38(1) OF THE ELECTION OFFENCES ACT 1954)

A PETITION MAY BE FILED IN THE HIGH COURT ON THE FOLLOWING GROUNDS:

1. IMPROPER CONDUCT OF ELECTION

2. INVOLVEMENT OF BRIBERY AND MISCONDUCT BY CERTAIN PARTIES;

4343

ELECTION PETITIONS

3. DISQUALIFICATION OF CANDIDATES OR CANDIDATES’ AGENT;

4. INVOLVEMENT OF BRIBERY, TREATING AND INTIMIDATION;

5. ENGAGEMENT OF ELECTION AGENT/CANVASSER WHO HAS BEEN CONVICTED UNDER THE COURT OF LAW

(SECTION 32 OF THE ELECTION OFFENCES ACT 1954)

44

WHO COULD FILE THE ELECTION PETITION

1. A PERSON WHO VOTED OR HAS A RIGHT TO VOTE AT THE ELECTION TO WHICH PETITION RELATES

2. A PERSON CLAIMING TO HAVE HAD A RIGHT TO BE RETURNED/ELECTED AT SUCH ELECTION; OR

3. A PERSON ALLEGING HIMSELF TO HAVE BEEN A CANDIDATE AT SUCH ELECTION

(SECTION 34 OF THE ELECTION OFFENCES ACT 1954)

45

ELECTION PETITION (HIGH COURT)

1. THE COURT MUST HEAR AND SETTLE WITHIN 6 MONTHS FROM THE DATE THE PETITION IS FILED;

2. ELECTION JUDGE MUST OFFICIALY INFORM THE RESULT OF THE PETITION TO THE ELECTION COMMISSION WITHIN 14 DAYS ;

3. IF THERE IS NO APPEAL THE DECISION OF THE ELECTION JUDGE IS FINAL;

(SECTION 36 OF THE ELECTION OFFENCES ACT 1954)

46

APPEAL (FEDERAL COURT)

1. THOSE WHO ARE NOT SATISFIED WITH THE DECISION OF THE HIGH COURT CAN APPEAL TO THE FEDERAL COURT WITHIN 14 DAYS FROM THE DATE OF THE DETERMINATION OF ELECTION PETITION.

(SECTION 36A – ELECTION OFFENCES ACT 1954)

2. APPEAL SHALL BE HEARD/SETTLED WITHIN 6 MONTHS FROM THE DATE OF PRESENTATION OF THE APPEAL (SECTION 36B – ELECTION OFFENCES ACT 1954)

3. THE DECISION OF FEDERAL COURT ON THE APPEAL IS FINAL.

(SECTION 36C – ELECTION OFFENCES ACT 1954)

47

DISPOSAL OF BALLOT PAPERS

1. BALLOT PAPERS WILL BE DISPOSED ON THE EXPIRATION OF THE PERIOD SPECIFIED FOR THE PRESENTATION OF AN ELECTION PETITION WITHIN 21 DAYS OF THE DATE OF THE PUBLICATION OF THE RESULT OF THE ELECTION IN THE GAZETTE

2. IF THERE IS AN ELECTION PETITION, UNTIL THE COMPLETION OF THE TRIAL OF THE ELECTION PETITION AND ITS APPEAL

(REGULATION 25E (1)(2) – ELECTION REGULATIONS (CONDUCT OF ELECTIONS) 1981)

48

SUCCESS OF THE ELECTION COMMISSION IN RUNNING THIRTEEN GENERAL ELECTIONS IN MALAYSIA SINCE INDEPENDENCE IN 1957

YEARS OF GENERAL ELECTIONS :

1959,1964 (AFTER THE FORMATION OF MALAYSIA –1963), 1969, 1974, 1978,1982,1986,1990, 1995, 1999, 2004, 2008 AND

2013

4949

THANK YOUTHANK YOU

6/3/20136/3/2013

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