Topic 7 parliamentary democracy and election process

INTRODUCTION Each individual has his or her own ideas and perceptions. And democracy believes in that too. The same applies to the process of elections where an individual is given the right to choose whomever he feels capable of leading him. However, before you choose a leader, you have to delve a bit in order to ensure that the chosen candidate is a capable leader.

TTooppiicc 77 Parliamentary

Democracy

and Election

Process

2. Identify the processes involved in the election process in Malaysia; and

3. Explain the importance of elections.

LEARNING OUTCOMES

By the end of this topic, you should be able to:

1. Explain the relationship between the concept of democracy and elections in Malaysia;

TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS 115

ELECTIONS AND DEMOCRATIC PROCESS IN MALAYSIA

7.1

7.1.1 Definition of Elections

An election is a secured way of choosing representative to make a decision on certain government policies. Elections can be carried out in any organisation, whether private or corporations, such as workersÊ union to choose their representative or solve problems on policies or government institutions. Elections are a way of making political decisions through voting. Elections are also used to choose leaders and to determine an issue. Through elections, voters can choose candidates to solve social issues.

7.1.2 History of Elections in Malaysia

On 27 July 1955, the first federal elections were carried out in the Malay States. Among the parties that participated in the elections were:

(a) Alliance Party that comprised UMNO, MCA and the recent addition, MIC. The Alliance Party contested with 52 candidates, one for each electoral;

(b) National Party, led by Datuk Onn, had 33 candidates; and

(c) The Pan Islamic Party (PAS) had 11 candidates. Other parties that contested for the elections were the Labour Party, Perak Progressive Party (later PeopleÊs Progressive Party), Perak National Organisation and the Malay Organisation. In that election, the Alliance Party won 51 of 52 contested seats. PAS won the remaining seat. This Federal Election started a new era in political development in Malaya where the election served as a catalyst that hastened the path to democracy. Through this system, the people decided on the forming of the government through general elections which are held once every five years. General elections are held to choose representatives in Parliament to head the ruling of the country and to also elect representatives to the State Legislative Assemblies to head the state government. An election can be brought forward from its original date because, under certain circumstances, the Yang di-Pertuan Agong (YDPA) is empowered to order elections to be held earlier. If the Agong dissolves the Parliament, elections must be held within 60 days of the date of dissolution of Parliament or the State


Legislative Assembly. For Sabah and Sarawak, the period is longer, 90 days, in carrying out elections as many of the people there live in rural areas.

7.1.3 Relationship between Parliamentary Democracy and Elections

As what you have learnt before, there are several functions of elections, which are to:

(a) Form a democratic country;

(b) Maintain leadership;

(c) Choose candidates to fill the highest post in the government; and

(d) Strengthen stability and legitimacy of an organisation and political community.

7.1.4 Types of Elections

The four types of elections available are as following:

(a) General elections;

(b) Primary elections;

(c) Run-off Elections; and

(d) Local Elections.

(a) What do you understand about elections?

(b) Do you know the origins of the existence of the elections in Malaysia and the importance of having elections every five years?

(c) It was reported that that there were four million eligible voters who had not registered themselves as voters. From this study, it was found that two thirds of them were between the ages of 20 and 30 years old. What is an effective way to convince this young group to register as voters?

ACTIVITY 7.1


ELECTION COMMISSION AND WORKINGS OF ELECTIONS IN MALAYSIA

7.2

The Election Commission of Malaysia was established on 4 September 1957 in accordance with Article 114 of the Federal Constitution. During its establishment, the Election Commission consisted of a chairman and 2 members. The first chairman of the Commission was Y.Bhg. DatoÊ Dr Mustafa Albakri bin Haji Hassan, while the members were Mr Lee Ewe Boon and Mr Ditt Singh. Following the forming of Malaysia in 1963, the number of commission members was increased to three. The additional members are either from Sabah or Sarawak who are appointed on a rotational basis. Y.Bhg. Datuk Abang Haji Marzuki bin Nor of Sarawak was the first member to represent the two states. In 1981, amendments to Article 114 of the Federal Constitution were made to enable the appointment of a deputy chairman. Mr Abdul Rahman bin Abu Hassan was the first member to fill that position. In 2002, amendments to the Federal Government were approved to increase the membership of the Election Commission to seven, comprising a chairman, a deputy chairman, and five members including a member each from Sabah and Sarawak. To carry out its responsibilities, the Election Commission formed a secretariat headed by a secretary. The Secretary functions as a chief administrator of the secretariat. The first appointed Secretary was Mr H. Cassidy who served from 1957 to 1958.

7.2.1 What is the Role of the Election Commission?

The management and workings of elections in Malaysia is carried out by a specially-appointed commission, the Election Commission (EC). The position of the EC is enshrined in Articles 113-120 of the Federal Constitution which outline the role of the EC as a body responsible to oversee and carry out the countryÊs democratic process through fair and just elections. It should be noted that the EC is an independent body, free from political influence. Among the functions of the EC are to:

(a) Study and set electoral boundaries;

(b) Carry out voter registration and check the voter registry;

(c) Carry out general elections and by-elections; and


(d) Register contesting candidates and ensure candidates fulfil the required criteria and qualifications.

7.2.2 Appointment of Members of the Election Commission

The appointment of members of the Election Commission (EC) is performed by the Agong after consultation with the Council of Rulers. The members comprise of:

(a) A chairman;

(b) A deputy chairman; and

(c) Three other members who will assist the EC.

7.2.3 Qualification to be a Member of EC

Following are the qualifications to be a suitable member of EC:

(a) Aged not more than 65 years;

(b) Not bankrupt;

(c) Not holding any other salaried position; and

(d) Not a member of any Parliamentary chamber and state legislative assembly.

7.2.4 Who Comprise the EC Secretariat?

The EC has also formed a secretariat consisting of:

(a) A Secretary who also acts as Chief Adminstrator; and

(b) Chief Administrator of the Secretariat, helped by a group of civil servants. The EC secretariat carries out its duties based on guidelines and policies set by the EC. To ensure the fluidity of the election mechanism, the EC Secretariat also formed branches known as State Election Offices in every state except Perlis and the Federal Territory of Labuan.

7.2.5 What System is utilised in Elections in Malaysia?

Since 1957, Malaysia has maintained the multiple party political system, where the political party, which has the majority of seats in the Parliament (Dewan


Rakyat) or State Legislative Assembly forms the federal government or state government. The system used in Malaysia is the First-Past-The-Post-System, where candidate who obtained a majority is declared the winner.

7.2.6 What Election Laws and Rules are to be followed?

To facilitate the implementation of the elections, several laws and rules have been drafted to ensure electoral procedures are adhered to completely. The laws and rules drafted are as follows:

Rules (Voter registration) of Elections, 2002

Rules (Voting by Post) of Elections, 2003

Federal Constitution

State constitution

Election Act, 1958 (Act 19)

Election Offences Act, 1954 (Act 5)

Rules (Workings of Elections) of Elections, 1981

All these laws and rules are linked directly to the election process. However, there are several laws that are not directly linked to the election process, but play an important role in the fluency of the election mechanism. This includes the Police Act 1962, the Instigation Act 1970, Official Secrets Act 1972 and Internal Security Act 1960. What are the Important Elements in Elections? The important elements of an election are:

The Candidates

The Electoral process

The Constituency

The Voters


(a) Number of Electorates In the system of elections practised in Malaysia, a candidate is selected to represent the people in a particular electorate in the Parliament (General Elections) or State Legislative Assembly (State Elections). As of today, there are 219 seats in the Dewan Rakyat and 567 seats in the State Legislative Assemblies.

(b) Electorate Boundaries

The Elections Commission is responsible for studying the electorate boundaries for the Parliamentary and State general elections. As stated in the Federal Constitution, the Elections Commission has to conduct these studies once in not less than 8 years.

(c) Voter Registration

An important element in the system of elections is the registration of voters with the Election Commission before voting in an election for the Dewan Rakyat or State Legislative Assembly. In Malaysia, a person is eligible to register if he or she:

(i) Is a citizen of Malaysia;

(ii) Is not less than 21 years of age on the date of registering;

(iii) Is a resident in any of the constituents; and

(iv) Has not lost the eligibility to vote. (d) How Does a Person loss the Eligibility to vote?

A person is deemed to have lost the eligibility to vote if he or she:

(i) Is detained for being insane, or is in prison on the date of eligibility; or

(ii) Is found guilty or sentenced to death or a prison term of more than 12 months and still serving the sentence on the qualifying date before the date of eligibility; or

(iii) Is found guilty under the Election Offences Act 1954; or

(iv) Has obtained foreign citizenship. (e) Checking the Voter Registry

Voter registry checks are carried out throughout the year, as provided for in the law. You can register at the Election Commission Headquarters, State Election Offices, Post Offices or through mobile Commission units. The voter registry is prepared once every 3 months and is displayed for 7 days for matters of claims and objections. After considering the claims and


objections through public investigation, the voter registry of the year is confirmed by the Elections Commission within a month. During the checking of the main registry, names of deceased voters and those who have lost the eligibility to vote according to the law are removed from the list.

ACTIVITY 7.2

Until 30 September 2005, the EC has successfully registered 10,238,366 Malaysian as voters. However, recently, the EC received criticisms from certain parties for claiming its voter registry was tainted. The main reason is because the voter registry contains names of people who are not residing in the area where theyÊre registered. This fact has been manipulated and politicised as Âphantom votersÊ. In your opinion what is meant by Âphantom votersÊ and what can be done to overcome this problem?

(f) What are the Qualifications to be a Candidate?

In the system of elections, candidates contesting the elections can represent any party or become an independent candidate. A person is qualified to be a candidate in any election if he or she meets the following requirements:

(i) Citizen of Malaysia and residing in the country;

(ii) Aged not less than 21 on the day of nomination of candidates; and

(iii) Residing in the State where he or she is contesting. A candidate will be disqualified if he or she:

Found to be or declared insane; or

Declared bankrupt; or

Holding an office of profit; or

Fails to submit the election expenses report; or

Found guilty by a Malaysian court and sentenced to prison for a period of not less than one year or fined not less than RM 2000 and not pardoned; or

Obtained foreign citizenship.


(g) Election Period Elections for the Dewan Rakyat and the State Legislative Assembly, as stipulated by the law, are held once every 5 years unless the houses are dissolved earlier. General elections are held within 60 days from the dissolution date. By-elections are also held within 60 days from the vacancy date, whether due to death, resignation or the member of Parliament or State Assemblyman loses his or her eligibility as an MP or State Assemblymen. In this case, the date of vacancy of the seat will be determined by the Commission.

THE MECHANISM OF ELECTIONS IN MALAYSIA

7.3

7.3.1 Nomination Day

Nomination day refers to the day that is set by the Election Commission for candidates to submit their nomination papers to the Managing Officer in order to contest the elections. The nomination papers can be submitted by the candidates, proposers and supporters or either one of them. The nomination papers must be submitted between 9 am and 10 am on the day of nomination.

7.3.2 Campaigning

The Election Commission have drafted special rules on campaigning, as stated in the Election Offences Act (Amendment) 2002. Campaigning can only start after the nomination process has been completed and must be stopped at 12 midnight the day before elections day. To ensure the smoothness of the elections, the Election Commission has the authority under Article 3(5) Elections Act 1958 and Article 27 (A) Election Offences Act 1954, to appoint an Enforcement Officer and form one or more Enforcement Teams in every Parliamentary electorate, if deemed necessary. This unit is made up of an Enforcement Officer appointed by the Election Commission, a representative from the District Police Headquarters, a representative of the Local Enforcement Authorities and a representative each form every contesting party/candidate. The Enforcement Officer is responsible to the Managing Officer and the duty of the team is to monitor campaign materials, election speeches and public assemblies. This is to ensure that the provisions under the laws and regulations of the elections are not violated. The Election Commission can also form committees at Centre/State/electorate levels to provide information to political parties,


candidates or agents and party workers on laws and regulations of the elections. Candidates and party workers have to bear in mind, that during the elections there is a list of doÊs and donÊts. Usually, election campaigning comes in the form of:

(a) Distribution of pamphlets and letters;

(b) Posters;

(c) Closed speeches and public speeches; and

(d) Door-to-door campaigning. Political parties are allowed to present and explain their respective manifestos. They can also use the electronic media. However, candidates are required to put down a deposit of RM5,000 for Parliamentary elections and RM3,000 for state elections. This deposit will be returned if the candidates remove posters, banners and such within 14 days after elections day. Throughout campaigning, the police will, from time to time, release guidelines to contesting candidates to ensure the election run peacefully. All forms of campaigning must be ended at 12 midnight, the day before the elections.

7.3.3 Voting Day

Voting day refers to the day voters cast their votes. The time for casting votes is set from 8 am to 5 pm throughout Malaysia. For rural areas, mobile units are used to ensure the smoothness of the voting process. The time of vote-casting may differ from district to district. The Election Commission usually releases notices informing the public about election matters such as:

(a) Date for voting;

(b) Polling stations;

(c) Time for casting votes at all voting centres; and

(d) Location of the vote counting and summation. Voting is carried out in gazetted voting centres. Every voting centre has a Returning Officer who will be in charge of the voting process. He will be helped by a voting clerk and a vote-counting clerk.


7.3.4 Vote Counting

Vote counting is carried out by the Returning Officer at the polling station or vote counting centre. Postal votes for a particular constituency are counted by the Managing Officer at the fixed vote counting centre. While vote counting is carried out, only authorised personnel may enter the vote counting area. These personnel are:

(a) Members and officers of the Elections Commission;

(b) Officers appointed by the Elections Commission;

(c) Vote counting clerks; and

(d) Candidates, representatives and vote counting agents. The presence of the candidatesÊ agents is to ensure that vote counting is carried out according to the proper procedures set by the laws and regulations and to ensure the vote counting process is correct, fair and transparent.

7.3.5 Official Summation of Votes

After the conclusion of vote counting at the polling stations and vote counting centres, the results of the voting are submitted to the Managing Officer at the vote summation centre. The Managing Officers totals up all the votes, including postal votes, to determine the winner. The Managing Officer for a constituency will declare the candidate with the majority as the elected representative of the constituency.

7.3.6 Storage and Disposal of Ballot Paper

In an election process, one important aspect is the storage of ballot papers and other related documents. These documents must be kept in a box or special box and locked, witnessed by the candidatesÊ agents. The special boxes are stored for six months under the supervision of the Managing Officer. The State Director of Elections will keep the voter registry which has been signed and the ballot paper counterfoils. This is to guarantee voting secrecy. The boxes can only be opened under orders of a High Court Judge, if there are any petitions.


After a period of 6 months, the Managing Officer, upon obtaining permission from the Elections Commission, will dispose the ballot papers and related documents. The Managing Officer will then issue a Certificate of Disposal to the State Director of Elections.

WHAT IS DEPOSIT? 7.4

Any person intending to be a candidate needs to submit a deposit of RM10,000 for contesting a Parliamentary seat and RM5,000 for a State seat. The deposit has to be handed to the Managing Officer before or on the day of nomination. A person intending to be a candidate has to be ready to forfeit his or her deposit should he or she, as a candidate, fail to obtain one-eights of the total votes obtained by all candidates contesting in a constituency.

USE OF SYMBOLS 7.5

Candidates are free to use symbols. A candidate that is representing a political party can use the partyÊs symbol if he or she obtains written permission from the head of the party. Independent candidates have to choose any of the symbols provided by the Elections Commission, which will be printed on the ballot papers.

ACTIVITY 7.3

In your opinion, does Malaysia need external observers to monitor the workings of the elections in the country?

EC BOOTH 7.6

A candidate is not allowed to set up booths at any of the voting centres in the constituency in which the candidate is contesting. However, political parties are allowed to set up operations rooms, at least 50 metres away from the voting centres. To ensure smoothness of voting, the Elections Commission will set up EC booths at the voting centres. These booths function as a place for voters to check their serial number in the voter registry and a channel to ensure the elections run smoothly.


PERMISSION TO ENTER VOTE CASTING AREA

7.7

It should be noted that only voters whose names are in the voter registry of a voting station are allowed to enter to cast their vote. Voters must bring with them their voter identification card that is issued by the National registration Department as a form of identification, which has to be shown at the voting stations.

7.7.1 Who is allowed to be at the Polling Stations?

To ensure conditions are controlled and ballot secrecy, only the following officials are allowed to enter the polling stations:

(a) Members and Officers of the Elections Commission;

(b) Returning Officer and staff;

(c) Candidates and representatives of candidates;

(d) Voting agents and vote counting agents; and

(e) Authorised personnel permitted by the Elections Commission.

7.7.2 How to Cast a Vote?

When casting votes, your vote is confidential. A voter can only select the name of one candidate, by marking ÂXÊ on the box adjacent to the selected candidateÊs name. After marking the ballot paper, voters need to fold the paper according to the line on the ballot paper, and then put it into the ballot box provided. If there are simultaneous elections (Dewan Rakyat and State Legislative Assembly), the ballot papers must be marked, folded and put into separate boxes marked ÂParliamentÊ and ÂStateÊ.

7.7.3 Who is entitled to Vote by Post?

Postal voters comprise:

(a) Member of the Armed Forces;

(b) Members of the Forest Police;

(c) Elections workers;


(d) Government officials serving abroad; and

(e) Students studying abroad, as well as their spouses. Postal ballot papers must reach the Managing Officer latest by 5 pm of the day of voting. Complete procedures are adhered to ensure confidentiality.

7.7.4 Voting Agents

The law allows for candidates to appoint voting agents for the purpose of guarding the candidatesÊ interests at every polling station throughout the time. The agentÊs role is to ensure voting is conducted according to the law and regulation.

Explain the processes involved in the workings of elections in Malaysia.

SELF-CHECK 7.1

WHAT IS AN ELECTION PETITION? 7.8

Do you know that an electoral outcome can be challenged in court? This is called a petition. A petition can be made on the following reasons:

(a) Bribery, threats or any misconduct that may jeopardise the election;

(b) Non-conformity to election law and regulations;

(c) Corruption or illegal actions carried out by candidates and agents; and/or

(d) Candidate or his/her agent not qualified to participate in the election. Election petitions must be submitted to the High Court within 21 days of the date the election results are published in the Gazette. If the judge, after conducting a hearing of the petition, decides the election to be void, the Election Commissions will issue a notice whereby a new election will be carried out in the affected constituency.


ELECTION EXPENSES STATEMENT 7.9

A candidate is allowed to spend money for the elections but the sum cannot exceed:

(a) RM 200,000 for the Dewan Rakyat; and

(b) RM 100,000 for the State Legislative Assembly. The expenses report must be submitted to the State Director of Elections within 31 days of the announcement of elected results published in the Gazette. Failure to submit the elections expenses statement or failure to submit it within the stipulated period is an offence under the Election Offences Act 1954.

(a) What is the role of the opposition parties in a democratic country?

(b) In your opinion, is it necessary for Malaysia to practise an online system of elections?

(c) What is the most effective way to attract more Malaysians to vote?

ACTIVITY 7.4

Every citizen needs to be aware that they are the driving force behind the

system of democracy and election in this country.

Without their participation, the elections cannot be carried out.

Hence, every individual who feels responsible for the development of democracy in the country should be prepared to involve themselves as either to vote or as part of the elections mechanism.

It is hoped that every citizen will cooperate to ensure the continued existence of this democratic process.


Candidates Election Election Commission Gazette

Polling Stations Returning officer Secretariat Voters

Kamaruzaman Mohd Noor. (2006). „SPR Jawab Kekeliruan‰, Utusan Malaysia, Noor Azam Shairi. (2006). Salah siapa empat juta pengundi tidak berdaftar?

Utusan Malaysia. Laman web rasmi Suruhanjaya Pilihan Raya Malaysia. Retrieved March 2, 2008,

from http://www.spr.gov.my/

http://www.spr.gov.my/

Education

Topic 7 parliamentary democracy and election process