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Beres Proposals Summary

BERES Electoral Reform Programme

List of Proposed Legislative Amendments

 
 

0 Federal Constitution
 

1. Article 45 – Composition of Senate:
  
a. 2 elected from each state and the combined Federal Territories.
b. 42 elected from the Federation using results of the General Election.
c. 5 year term to coincide with Parliament
d. Maximum of 2 Terms for each person
 
 

2. Article 46 – Number of MPs:
 
a. Increase from 222 to 230.
b. Sabah 26 seats, Sarawak 38 seats – the same ratio as determined in 1963.
c. House of Representatives to reflect voter population.
d. Population based on previous Electoral Roll or the latest census.
e. Range +/- 10% of the electoral quota for Peninsular Malaysia.
f. For Sabah & Sarawak, the range at +/- 15% of the electoral quota.
g. MP responsibility to geographical area of constituency is not relevant.
h. Final target of +/- 5% by 1st Jan 2020 with improved infrastructure.
i. EC to be allowed to amend the seats according to pre-defined rules.
 
 

3. Article 48 – Resignation & Reelection:
 
a. Delete 48 (1)(d) on election return and references to it in 48 (3).
b. No time bar for MP who resign from seeking re-election.
 
 

4. Article 49 – Provisions against double memberships:
 
a. A person cannot hold more than one position of MP, Senator or State Assemblyman.
 
 

5. Article 51 – Resignation from party:
 
a. Resignation from party requires resignation from the House or Senate.
 
 

6. Article 54 – Casual vacancies:
 
a. No re-election within 1 year of date of mandatory Parliament dissolution.
b. Determination of casual vacancy by Senate President or Speaker of the House.
 
 

7. Article 54A – Casual vacancies for local councils and presidents/mayors:
 
a. To be specified in the Constitution.
 
 

8. Article 55 – Parliament term:
 
a. Fixed term of 5 years.
b. Speaker shall call for vote of confidence if demanded by Opposition Leader.
 
 

9. Article 55A – Care-taker Government:
 
a. Consisting of Interim PM agreed upon by ex-PM and ex-Opposition Leader and appointed by Agong.
b. Interim PM can appoint up to 5 members to his cabinet.
c. None of them can take part in the elections.
d. Code of conduct.
 
 

10. Article 56 – Senate President and Deputy President:
 
a. They shall cease to hold office upon dissolution of Parliament.
 
 

11. Article 59 – Seat must be taken:
 
a. Seat shall become vacant if member does not take seat within 6 months of appointment.
 
 

12. Article 113 – Elections for Senate, Local Councils, Presidents and Mayors:
 
a. EC shall conduct elections for Senate and Local Councils plus Presidents and Mayors.
b. Redelimitation to be mandatory every 10 years to reflect demographic change.
c. No interim redelimitation permitted arising from change in no. of MPs and ADUNs.
 
 

13. Article 113A – Registration & regulation of political parties and organizations:
 
a. EC shall be responsible for such registration & regulation.
 
 

14. Article 114 – Appointment of EC:
 
a. At least 2 members shall be from Sabah and Sarawak.
b. EC members must enjoy the confidence of political parties and communities.
c. Appoint proposals must be subject to public hearing prior to appointment.
d. Previous holders of political office shall not be allowed.
e. Own business or income allowed provided there is no conflict of interest.
f. Must be able to operate independently to conduct free and fair elections.
g. Agong may extend retirement age to 70.
 
 

15. Article 115 – EC shall employ own staff:
 
a. For delineation, assistance may be drawn from the public & private sectors.
 
 

16. Article 115A – Election Ombudsman:
 
a. To oversee the activities of the EC.
b. To be made up of 3 members.
 
 

17. Article 115B – Constitution of Election Ombudsman Office:
 
a. Similar to EC Constitution.
 
 

18. Article 115C – Assistance to Election Ombudsman Office:
 
a. Similar to EC assistance.
 
 

19. Article 116 – MP distribution among states:
 
a. Restructure to reduce voter disparity.
b. Among states of Peninsular Malaysia and Federal Territories, to not more than +/-10%.
c. Within Sabah and Sarawak, to be within +/-15%.
d. Similarly spread for Legislative Assembly Constituencies.
e. This limit shall be reduced to 5% for all states when infrastructure is ready.
f. Government to build communication infrastructure to reach 80% of the population.
g. Communication infrastructure upgrade to be monitored by the EC.
 
 

20. Article 118A – Method of questioning election petition – Deleted
 
 

21. Article 119 – Automatic voter registration:
 
a. Reduce eligibility age of voter to 18.
b. Validated postal address.
c. Biometric Voter Verification Identity Card.
 
 

22. Article 119 (1A) – EC empowered to verify citizen status independently of NRD:
 
 

23. Article 119 (1B) – All related parties to provide assistance to the EC:
 
 

24. Article 119 (2) – Constituency of armed forces or the police based on MyKad address:
 
 

25. Article 160: Opposition Leader, political organisation and political party defined:
 
 

26. Seventh Schedule: Appointment or Election of Senators Parts I and II:
 
 

27. Thirteenth Schedule: Restrict breaking up of local communities:
 
a. EC proposal can only pass if half the Govt MPs and half the Opposition MPs approve.
b. After review, the EC can bypass Parliament and require the PM to submit their proposals directly to the Agong.
 
 

28. Fourteenth Schedule – Caretaker government Parts I and II:
 

 
 

1 Elections Act
 

S2 Interpretation:
  
a. Add assisted voter, Election Judge. technical adviser to provide legal and operational advice during the campaign to strengthen the campaign team.
 
 

S3 Appointment of officers:
  
a. Returning Officers and Enforcement Officers to come from the public or civil society and not from Govt or political parties.
b. Specify appointment procedures.
c. Provide for more enforcement teams as required by the candidates.
d. If not enough officers, the EC can appoint from the public service.
e. Section 3A Secretary, Deputy Secretary and Asst Secretaries<
f. Opinions required whether we need to disallow Govt servants.
 
 

S7 Polling Districts and polling centres:
  
a. Restrict to publicly-accessible places.Restrict to publicly-accessible places.
b. If EC choose military or police camps, they have to ensure that access is public.
c. Control timing of division of constituency.
 
 

S8 Appointment of officers:
  
a. Chief Registrar and lower grades, Adjudicating Officer to be outside Govt service, political parties or GLCs.
b. Reflect ethnic composition of the state in which they operate.
c. Need to consider whether this should be taken out of the EC’s duties and under another independent body as this is the source of a lot of problems.
 
 

S9A Finality of electoral roll:
  
a. Chief Registrar and lower grades, Adjudicating Officer to be outside Govt service, political parties or GLCs.
 
 

S13 Election of candidates:
  
a. Add assisted voter.
 
 

S14 Use of schools:
  
a. Restrict use of military or police camps unless it is made publicly accessible.
 
 

S16 (p) Code of ethics:
 
 

S17 Regulations to be laid before the Dewan Rakyat:
  
a. EC can override Dewan Rakyat.
 

2 Election Offences Act
 

S2 Interpretation:
  
a. Definitions added for assistant overseas agent, counting agent, overseas agent, overseas presiding officer, polling agent, polling district, political party’s representative, technical adviser.
 
 

S3 Offences by any person:
  
a. Expand to cover malallocation of electors in the electoral roll, voter refuse to mark with indelible ink after voting or don’t comply with indelible ink procedures, to cater for post-voting ink marking.
b. To mandate free access to all candidates to estates, private roads and FELDA schemes, compel all employers to provide information on any citizen or employee relating to address, employment and citizenship, all including MSM to comply with enforcement team.
 
 

S4 Offences by election officers:
  
a. Provide for immediate sanction by EC.
 
 

S5 Maintenance of secrecy at elections:
  
a. Add technical adviser.
b. Allow for joint inspection by the KTM and PA of ballot papers issued by the RO to the KTM one day before polling.
c. Randomization required.
d. Reports on hourly turnout (Form 720) to be made available to candidate agents.
 
 

S6 Offences against this part:
  
a. Action or report to be made by the Public Prosecutor within 8 weeks of election results.
 
 

S9 (3) Transfer of employee:
  
a. No transfer of employee during elections.
b. Note: (1) can be interpreted to cover refusal to randomize.
 
 

S11 Punishment and incapacities for corrupt practice:
  
a. Public Prosecutor required to provide a report of prosecution within 8 weeks to hold them accountable.
 
 

S12 Nomination of election agent and overseas agent:
  
a. Add overseas agent to assist the candidate in the overseas postal polling centre.
b. Nomination within 5 days of Gazette. Same as PV R8A (3).
 
 

S13 Disqualification from appointment:
  
a. Add overseas agent & assistant overseas agent.
 
 

S14 Making of appointments and contracts through election agent:
  
a. Add technical adviser.
 
 

S15A. Prohibition of certain expenses during campaign period:
  
a. Delete requirement to submit expense return as there is no limit to campaign expense.
 
 

S16 Period for sending in claims and making payments for election expenses:
  
a. Delete requirement to submit expense return as there is no limit to campaign expense.
 
 

S19 Expenses in excess of maximum to be illegal practice – [Deleted]:
 
 

S20 Certain Expenditure to be illegal practice:
  
a. Amend to empower EC to hire vehicles and secure fuel for equal distribution to all candidates.
b. All parties hire vehicles so don’t make it illegal.
c. Require hiring through EC.
 
 

S20A Transportation for conveyance of voters:
  
a. Make it the responsibility of EC to procure fuel, vehicles and vessels for all candidates.
b. Critical in Sabah & Sarawak.
 
 

S21 Certain employment to be illegal:
  
a. Allow employment of overseas agents and overseas assistant agents.
 
 

S24B Election campaign and limitation thereof:
  
a. No police permit required other than consultation to avoid clash between rival candidates.
 
 

S25A Release of employees:
  
a. Employers requested to allow employees to serve during an election campaign.
 
 

S26 Limitation on polling day:
  
a. Remove restrictions on rental of premises.
b. Citizen check on phantom voters.
 
 

S26A – Booth to be provided by Election Commission:
  
a. Make it mandatory.
b. MyKad reader to check all electors.
c. Those without machine readable ID, only Temporary IC is allowable.
d. Those using Temporary IC to submit passport photos attached to Form 11 for KTM and candidates.
e. This should be a rare event as MyKad can be replaced within 2 hours.
f. More booth observers together with technical adviser and proper equipment allowed.
g. OKU electors to fill Form 10 for here before proceeding to the polling station.
 
 

S27 Punishment for conviction for illegal practice:
  
a. Report by Public Prosecutor to EC within 8 weeks on legal action taken.
 
 

S27B Establishment of enforcement team:
  
a. Allow for more than one team to reflect geographical size of constituency.
 
 

S27E – Functions of enforcement team:
  
a. Mainstream Media to be regulated here.
 
 

S27F Appointment of the representatives of the political party:
  
a. Expanded to cater for multiple enforcement teams in large geographical areas, especially Sabah & Sarawak.
 
 

S40 Votes to be struck off at a scrutiny:
  
a. Cannot be done if the vote is secret.
 
 

S41 Rejection of ballot paper by RO or KTM is final:
  
a. Delete. Not healthy to give a RO or KTM so much power.
 
 

Schedules:
  
a. Delete Forms B & C on expenses report.
b. Second Schedule – 14 (2) Return of money so deposited: Correct spelling.
 

 
 

3 Election Commission Act
 

S3 Provision against double salary:
  
a. Delete in line with FC Article 114 (4A) to enable recruitment of men of independent means to reduce dependency on the state.
 
 

S5 Certain communications to be privileged:
  
a. Delete as it can be used to suppress incriminating evidence against a defendant from a witness.
 
 

S6 Protection of members from lawful act only, not blanket protection:
 
 

S11 Consent of Public Prosecutor to prosecutions:
  
a. Set 8 weeks deadline for PP to make progress report on prosecution.
 
 

S12 Schedule to be amended by regulations:
  
a. Paragraph 1. Increase salary of EC Chairman and Deputy Chairman but only for new batch, not current batch, to reflect their responsibility and the importance of their posts.
b. Paragraph 11. Air travel – business class.
 

 
 

4 Elections (Conduct of Elections) Regulations
 

R2 Interpretation:
  
a. Advance polling centre, advance polling day, advance polling station, date for advance voting (which must take into account the durability of the indelible ink so that advance voters are prevented from voting a second time on polling day for ordinary voters), assistant overseas agent, assisted voter, ballot box, consular officer, election observer, Kad OKU, main tally centre, overseas agent, overseas presiding officer, overseas polling centre (any Malaysian embassy/High Commission appointed by the Election Commission), overseas polling day, overseas postal ballot paper, overseas postal voter, overseas voter, Peninsular Malaysia, perforation, political party’s representative, random issue, technical adviser.
b. Proposal for EC to register political party under the Article 113 of Federal Constitution.
 
 

R3 Writ and notice of election:
  
a. Campaign period min 28 days, advance polling day 2 days before polling day, nomination period 3 days. 48 hours cooling off period.
b. A cooling-off period is proposed to allow the electorate a quiet period to consider the election issues before making their decisions.
 
 

R4 Nomination papers:
  
a. Papers to be signed by candidate, proposer, seconder & witness.
 
 

R5 Deposit by candidate:
  
a. Reduce to RM 5k for Parliament and RM 2k for DUN seat.
 
 

R6 Proceedings on nomination day:
  
a. 3-day nomination period.
 
 

R7 Objection to nomination papers:
  
a. Reinstate objection period.
 
 

R8 Persons entitled to be present at nomination:
  
a. Include technical adviser.
 
 

R10 Uncontested elections:
  
a. Objections to be allowed.
 
 

R11 Contested elections:
  
a. Objections to be allowed, set advance polling 2 days before polling, polling hours 8 – 12 hours (to allow voters located in rural areas sufficient time to travel to polling station to vote).
b. Polling stations should not close earlier than the prescribed period.
c. All voters must be allowed the opportunity to attend at the polling station at any time during the prescribed period of polling.
d. Closing the polling station early will deprive other voters of the opportunity and their right to vote.
e. Minimum campaign period 28 days to cater for postal vote.
 
 

R12 Appointment of presiding officers and deputies:
  
a. At least half from the public to ensure neutrality.
 
 

R12A Appointment of other officers and staff:
  
a. Up to half from the public to ensure neutrality.
 
 

R13 Facilities to be provided at polling centre and station:
  
a. Guide for marking ballot papers to be posted at ballot marking counter (to help minimise incidents of rejected votes and time spent examining ballot papers during counting) and re-orientate ballot marking counter, revised polling station layout (sixth schedule), permit agents to use cameras to record/capture any electoral violations.
b. The purpose of the proposed polling station layout is to enable polling agents to scrutinise the polling process more effectively (e.g., to detect attempts to insert unauthorised/foreign ballot papers into the ballot box and to examine the fingers of the voter for transparent coating that will prevent the indelible ink from staining the finger).
 
 

R14 Right of registered elector to vote:
  
a. Onus on presiding officer to vet voter.
 
 

R14A Authoritative text of electoral rolls:
  
a. Specify the version of electoral roll to be used.
b. Supplementary roll for candidate’s campaign team.
c. All voters must be allowed the opportunity to attend at the polling station at any time during the prescribed period of polling.
d. The roll to be used must have information on all categories of voters (ordinary, advance, postal and overseas) so that voters do not abuse the polling system by casting their vote under more than 1 category). This serves as an additional safeguard to the indelible ink.
e. The electoral roll should also be furnished to election candidates as early as possible as the rolls would have already been gazetted much earlier.
f. Advance voters roll, overseas postal voters roll and postal voters roll.
g. Election candidates should have an opportunity to review the electoral rolls in advance of polling being conducted to determine whether there are any inconsistencies in the information reflected in the rolls (e.g., same name appearing on more than 1 list)
 
 

R15. Admittance to polling station:
  
a. Delete last paragraph of R15 (1).
 
 

R18. Ballot boxes:
  
a. Specify opaque walls to preserve secrecy and eliminate time taken to unfold ballot papers during counting as this results in additional time costs incurred by the EC on polling day.
b. This proposal will result in significant cost-savings.
c. Current practice of folding twice involves 150 million folding, which is 40,000 man-hours.
d. Folding increases the workload without any benefit in maintenance of secrecy.
e. Folding causes the ballot paper to bulk up, requiring a clerk to use a ruler to compress the ballot papers in the ballot boxes.
f. That may entail an additional cost of up to RM 7 million.
 
 

R18A Election Materials:
  
a. Check 1 day before advance polling and 1 day before polling day and simplified procedures on morning of polling.
b. Issue Form 13A to candidate, election agent or polling agent.
 
 

R19 Manner of voting:
  
a. Only MyKad, Military MyKad or Police MyKad to be accepted as proof of identity as these are the only documents accepted by EC when registering as a voter.
b. The internal guidelines issued by the EC specify that other types of identification documents can be furnished and this should not be permitted as voters can abuse the identification process.
c. The EC officers should not be burdened or distracted from their duties by spending time verifying alternative identification documents.
d. Kad OKU for assisted voter shall also be accepted over and above the MyKad.
e. The proposal for Kad OKU to be accepted is a request from OKU special interest groups to cater to voters who are handicapped, blind or otherwise incapacitated.
f. Temporary ID from JPN: voter required to submit passport photo, detail procedures for checking for indelible ink under ample light, marking of ink after voting, immerse 1 min, expose 1 min for ink to take effect, randomization of pre-perforated/stamped ballot paper, assisted voter accompanied by a relative (to prevent abuse of the process).
g. Postal voters in Malaysia are required to mark their left forefinger with indelible ink either at the Returning Officer’s office or at the polling centre where they are stationed, before 8am on polling day.
h. Introduced 4th & 5th schedule for indelible ink.
i. Procedure for ramdomisation of ballot papers introduced. This is a safeguard to support/enhance/preserve secrecy of votes.
 
 

R19A Non-compliance with the manner of voting:
  
a. Voter who refuse to show left forefinger or left forefinger marked with indelible ink shall not be issued with a ballot paper.
b. Voter whose left forefinger is unmarked but name crossed out, will not be issued with a ballot paper and the presiding officer shall fill up Form 10A explaining why (In the future, such a voter should be issued a challenged ballot kept in a separate envelope that can be considered for marginal wins and the voter cleared by an election judge).
c. The EC officers should not be burdened or distracted from their duties by spending time verifying alternative identification documents.
d. It is the onus on a voter to prove his identity, not the other way round.
 
 

R20 Declaration by voter:
  
a. Voter with Temporary I/C from NRD is required to fill Form 11 and submit sufficient passport photos for the presiding officer and all candidate agents present.
b. Identity of voter must be verifiable.
c. All voters in Malaysia except for postal voters are required to have their thumb-print verified at the booth before entry to the polling centre.
d. This is a procedural safeguard to prevent abuse.
 
 

R23 Closing of poll:
  
a. Notice on doorway to advise that at time of poll closing, only voter who is issued a ballot paper will be allowed to complete his voting.
 
 

R23A Place of counting of votes:
  
a. If EC relocate counting station out of the polling station, it is their responsibility to provide transport to the candidates or his agents.
b. The ballot boxes must be continuously monitored by candidates or their agents at all times.
c. Ten days notice of change shall be given to allow candidates and their agents sufficient time to make the necessary arrangements.
d. The practicality of this aspect of the polling process is especially relevant/significant for polling stations located in Sabah and Sarawak or other rural areas.
 
 

R24 Procedure on close of poll:
  
a. Refer to 7th Schedule, seal & sign ballot box seals, complete Form 13B with copies for candidate/agents, examine ballot paper counterfoil and electoral rolls of presiding officer, assistants and all polling agents, seal unused and spoilt ballots, presiding officer and his assistant’s electoral rolls in envelop and sign, procedure for relocating of counting station.
 
 

R25 Counting of votes by presiding officer:
  
a. Remove authority of presiding officer to bar counting agent, election observers allowed, EC members not allowed to interfere in proceedings, procedures require validation of serial nos with Form 13B, perforation or ink stamp with Form 13A and ballot marking to follow 2nd Schedule exactly, mandatory to issue Form 14 to counting agents on pain of legal sanction (Proposal by EC to have unique stamps for all the polling stations is unnecessary. Also having half a stamp on the ballot paper and half on the counterfoil is not helpful for recognition of the stamp.)
b. No recording of serial no. during counting as this will be in contravention of the secrecy provisions. Apply to all inside the polling station. Secrecy of votes must be preserved.
c. Minimum discretionary powers for presiding officer.
d. Envelopes identified to avoid confusion.
e. 4% rule for recount in the polling station deleted. Statistically meaningless.
 
 

R25A Safe custody of election documents in accordance with the 7th Schedule:
  
a. Identify packets for election materials.
b. Candidates, election agents, polling agent or counting agent can accompany presiding officer.
 
 

R25B Postponement or adjournment of counting of votes:
  
a. Replace Form 13 with Forms 13A and 13B.
 
 

R25C postal ballot papers to be packed and all packets labelled as per PV 2nd Schedule.:
 
 

R25CC Counting of votes of overseas postal voters at any Malaysian High Commission or embassy:
  
a. New procedure for counting.
b. Counting at 9am local time on the day that coincides with polling day in Malaysia.
c. Securing of election materials to follow PV 2nd Schedule.
 
 

R25D Proceedings of returning officer after return of ballot boxes, and official addition of votes:
  
a. Amend to cater for overseas postal voting and advance voting, election observers, new reporting form for results, returning officer to provide tally of Forms 14, 15, 15A and 16, legal sanction against returning officer for non-compliance.
 
 

R25E Disposal of ballot papers, etc:
  
a. Tighten procedures with all materials to be returned to the State Elections Officer as the returning officers are not government servants, with legal sanction against returning officer for non-compliance.
b. All ballot papers, Forms and electoral rolls to be destroyed at the end of the holding period, with no discretionary power given to the EC not to do so.
 
 

R26 Court order to copy or inspect election documents:
  
a. Delete reference to Third Schedule, election materials to be preserved pending resolution of election petition.
 
 

R26A amend to state paragraph 4 of regulation 25E:
 
 

R27A. Persons required to vote as advance voter:
  
a. Amend list of people who qualify to exclude spouses of military or police, add EC staff, candidates, candidate agents, Sabahans, Sarawakians or P M’sians outside their respective State or territory (Sabah, Sarawak and P Msia are treated as separate territories for definition of advance voting), those who are liable for duty on both advance and normal polling day to be granted postal voting.
b. Military and police personnel – for purpose of advance voting, they vote at their last civilian address.
c. Spouse of military and police personnel should not have special privileges above normal voters.
d. If they wish to vote in the constituency where the camp is located, they can change their MyKad address and voter address just like any other voter.
 
 

R27AA Polling for Advance Voters:
  
a. Polling stations to be sited in publicly-accessible locations.
b. If the EC insist on police or military camps, these should be made publicly accessible and should include civilian voters to mix up the voters in the polling centre.
 
 

R27B – Counting for Advance Polling:
  
a. To be held in the Advance Polling Centre and counting to commence at 9am 1 day before polling day.
b. Counting should take place at the same polling station and unnecessary shifting/transporting of ballot boxes before counting process should be avoided.
 
 

R31. Punishment for making false declaration:
  
a. Correct printing error. Amend R19(10) to R19(11).
 
 

First Schedule:
  
a. Form 1 to include overseas polling day.
b. Form 2 to include overseas polling day.
c. Form 2A to include overseas polling day.
d. Form 3 (4) – amend evening to forenoon. deposit five thousand/two thousand.
e. Form 8 – Situation of Polling Centre (Overseas Voting). 48 hours cooling off period.
f. Form 10 – amend to cater for “assisted voter”.
g. Form 10A – amend to exclude voters who refuse to show left forefinger, refuse to allow marking with indelible ink, finger unmarked by indelible ink but name marked.
h. Form 13 – deleted. Replaced by Forms 13A and 13B.
i. Form 14 – add subregulation 25(3) at row C. Mandatory for presiding officer to issue to all candidates.
j. Form 15 – STATEMENT OF THE POLL AFTER COUNTING THE POSTAL BALLOT PAPERS.
k. Form 15A Statement of the poll after counting the overseas postal ballot papers.
 
 

Second Schedule – tighten procedures for voting, illustration of valid paper added:
 
 

Third Schedule deleted.:
 
 

Fourth Schedule – procurement of indelible ink – added:
 
 

Fifth Schedule – use of indelible ink to identify double-voting:
 
 

Sixth Schedule – proposed polling station layout to facilitate work of polling agent:
 
 

Seventh Schedule – Safe custody of election documents:
 

 
 

5 Elections (Registration of Electors) Regulations
 

R2 Interpretation:
  
a. Absent voter to exclude spouse of military personnel, govt servants overseas and spouse, full-time students overseas and spouse. To include non-resident electors residing overseas, Sabahans residing outside Sabah, Sarawakians residing outside Sarawak and Peninsular Malaysians outside P Msia (Sabah, Sarawak and P Msia are treated as separate territories for definition of advance voting). Assisted voter.
 
 

R5 Entitlement to vote:
  
a. Automatic voter registration, fresh registration exercise for existing voters, simplify procedures for registration, assisted voter.
 
 

R6 Order of names:
  
a. Absent voters can be advance, overseas postal voters or postal voters, clerical errors to be corrected subject to scrutiny and not at EC’s discretion.
 
 

R9 Electoral roll for the purpose of general election or by-election:
  
a. For GE or by-election, the electoral roll is fixed as the last certified roll before Parliament or state assembly dissolution.
 
 

R10 The principal electoral roll:
  
a. Electoral rolls shall have full addresses, advance, postal and absent voters’ names to be marked with “PP” on an extra column, Registrar to take pro-active approach to verify voters’ eligibility.
 
 

R12 Application for transfer of registration:
  
a. Allow for registration online, any qualified elector shall be registered upon notifying the Registrar, elector can shift locality within same State constituency or Parliament constituency for FT without change of IC address or 6-mth residency.
 
 

R13 Revision of electoral roll:
  
a. Publish supplementary roll every 3 months and publish notice in 2 national newspapers, open for 30 days inspection, inform every elector by post if they have been shifted to another polling centre.
 
 

R14 Claims during revision of supplementary electoral roll:
  
a. 30 days to object.
 
 

R15 Objections during revision of supplementary electoral roll:
  
a. Objections can be raised by any elector anywhere within 30 days of publication of supplementary roll, without limit to number of persons objected against but once only against the same person.
b. No objection fee required.
 
 

R17 Public Inquiry:
  
a. Registrar to compensate elector whose registration area was changed without his approval and guilty party to be subjected to prosecution.
 
 

R20 Appeal:
  
a. Decision of Adjudicating Officer is final but can be challenged in court.
 
 

R21 Recovery of sums awarded:
  
a. Added R17.
 
 

R25 Chief Registrar may restore name in the electoral roll:
  
a. Tighten procedures to prevent abuse by Registrar, all changes subject to notice in supplementary roll.
 
 

R27 Free copies of principal electoral roll and supplementary electoral roll:
  
a. Registrar required to supply free copies to candidate or election agent.
 
 

R28 Sale of principal electoral roll and supplementary electoral roll:
  
a. To any elector at five cents per page or 5 ringgit per CD.
b. Form A modified to incorporate home address of armed forces and police, and to provide for assisted voter.
 

 
 

 
 

6 Postal Voting
 

R2 Interpretation:
  
a. Definition of Form 2, absent voter (retain original definition), agent (The EA can appoint a Ketua PACAPOS to represent him to liaise with RO), ballot box, consular officer, election observer, envelope A (Remove provision to record ballot paper serial no. as it violates S5 of EOA), overseas agent, assistant overseas agent, overseas ballot paper, overseas polling centre (Any embassy), overseas polling day (1 day before polling day to allow counting on polling day to provide sufficient time for reporting to RO.), overseas postal voter, overseas presiding officer, political party’s representative, place outside Malaysia, political party (New article added to empower EC to register political parties), postal polling day.
 
 

R3 Persons entitled to vote as postal voters:
  
a. Delete paragraph 1(a)(Covered under R3A) referring to overseas govt servants + spouse, overseas student + spouse, restrict to those military & police on duty on both advance polling and normal polling day, EC officers, candidate, election agent, candidate agent, overseas agent, political party’s representative (For enforcement team), EC member, long-term nursing home or hospital inmate.
b. All required to mark with indelible ink under Election Offences Act, except for long-term nursing home or hospital inmate.
 
 

R3A Persons entitled to vote as overseas postal voters:
  
a. All Malaysian electors resident overseas.
 
 

R5 Persons entitled to be present at issue of postal ballot papers and opening of postal voters’ ballot boxes:
  
a. Introduce election observers.
 
 

R6 Notice of issue of postal ballot papers:
  
a. 24 hours notification.
 
 

R7 Marking of postal ballot papers:
  
a. Serial no. of ballot paper is not recorded on Form 2 or envelope A in compliance with Section 5 of Election Offences Act.
b. Random issue of ballot papers (Major amendment for randomization. New Form SPR 754A equivalent to Form 13A.
c. Remove requirement to record ballot serial no. on Form 2 and envelope A as it violates S5 EOA.
 
 

R8 Documents to be sent to postal voters:
  
a. Include certification of postal voter.
 
 

R8A Overseas postal ballot papers:
  
a. The origin of dispatch is Putrajaya who shall dispatch the ballots by diplomatic courier to the consular officer via the Foreign Ministry. Illustrate with infographics.
b. Procedure to include sealing.
c. Alternative method is to appoint Putrajaya as the collecting and counting point. In that case, local postal ballots also go there) for despatch of postal ballot papers to consular officer by EC, from consular officer to voter and back, from consular officer to overseas presiding officer by 5pm on overseas polling day (1 day before polling day), there to be monitored by overseas agents.
 
 

R9A Despatch of overseas postal ballot papers:
  
a. By diplomatic courier to consular officer, inform overseas agent, post direct to overseas postal voter.
 
 

R10 Provision of postal voters’ ballot box:
  
a. Election observers introduced and facilities for agents and election observers to guard the ballot box.
 
 

R10A Provision of overseas postal voters’ ballot box or sack:
  
a. Define sack, procedure for management of ballot box. Added election observer.
 
 

R11 Sealing up of lists of postal voters and counterfoils of ballot papers:
  
a. Include election observers, tighten up procedures.
 
 

R12A Exercise of overseas postal vote:
  
a. EC to set campaign period to enable all postal votes to be received in time.
 
 

R13 Receipt of covering envelope:
  
a. Reject late ballot. Keep in locked sack.
 
 

R13A Receipt of overseas covering envelope:
  
a. Reject late overseas postal ballot. Keep in locked sack.
 
 

R14 Opening of postal voters’ ballot box:
  
a. Allow election observers.
 
 

R15 Opening of covering envelopes:
  
a. Record no. of envelope B in Form SPR 754B, ensure rejected ballot paper is marked “rejected”, tighten up other procedures arising from omission of serial nos from Form 2.
 
 

R16 Sealing up of rejected votes and Form 2:
  
a. Require agents to sign on security tape.
 
 

R17 Opening of envelope A:
  
a. Reconcile omission of serial no. on envelope A.
 
 

R18 Procedure on the discovery of more than one ballot paper:
  
a. Reject both papers.
 
 

R19A Forms:
  
a. Enough copies of forms to be issued to agents after signing by them and sanction against returning officer for failure to comply.
 
 

SCHEDULE – Rename to First Schedule:
  
a. Form 1 Application for postal ballot paper
Include candidate, election agent, candidate agent, overseas presiding officer, overseas agent, long-term inmate in a registered nursing home or hospital.
b. Form 1A Statutory declaration in respect of application for overseas postal ballot paper – new form.
c. Form 2 Declaration of identity
Delete provision to record ballot paper no. as it violates S5 of EOA, amend instructions to voter, sample of valid ballot paper added.
d. Form 754A Overseas Postal/Postal Ballot Papers Issued. Equivalent to Form 13A of COE.
e. Form 754B Overseas Postal/Postal Ballot Papers Closing Statement. Equivalent to Form 13B of COE.
 
 

Second Schedule – Procedures to be followed in the securing of election documents for postal voting:
 

 
 

Formatting In Progress…

7 Elections (Advance Voting) Regulations [New]

8 Election Ombudsman Office Act [New]

These are the Dreams

  ¤ Clean up electoral roll – (Bersihkan Senarai Undi)
  ¤ Reform Postal voting – (Mereformasikan Undi Pos)
  ¤ Use indelible ink – (Gunakan Dakwat Kekal)
  ¤ Free and Fair Access to Communications (media) – (Akses Komunikasi Bebas & Adil)
  ¤ Minimum campaign period of 28 day – (Masa Kempen Minima 28 Hari)
  ¤ Strengthen public institutions – (Kukuhkan Institusi Awam)
  ¤ Stop corruption – (Hentikan Rasuah)
  1. Return and declaration in respect of income and assets
  2. Control of political donation but no limit on election campaign expenses,
  3. Political parties cannot own businesses,
  ¤ No legal immunity for Govt servants and EC staff for electoral offences – (Tiada imuniti kepada anggota kerja Kerajaan serta SPR dari kesalahan-kesalahan pilihan raya)
  ¤ MACC to be answerable to Parliament – (SPRM adalah bawah tanggungjawab kepada Parlimen)
  ¤ Petronas to be answerable to Parliament – (Petronas adalah bawah tanggungjawab kepada Parlimen)
  ¤ IPCMC to oversee the Police – (Pengawasan Polis oleh IPCMC)
  ¤ Reform the Judiciary – (Merefomasikan system Perhakiman)
  ¤ The Attorney General to be answerable to Parliament – (Peguam Negara adalah bawah tanggungjawab kepada Parlimen).
  ¤ Stop dirty politics – (Hentikan Politik Kotor)
  ¤ Remove current EC members – (Menengeluarkan ahli-ahli SPR yang sedia ada)
  ¤ International Observers – (Pemantau dari Antarabangsa)
  ¤ Election Code of Conduct – (Kod Etika Pilihan Raya)
  ¤ Call in United Nations to manage the next General Elections – (Menjemputkan Pertubuhan Bangsa-Bangsa Bersatu untuk menguruskan Pilihanraya Agung)
  ¤ Increase salaries of MPs to RM 20,000 and ADUNs to RM 15,000 – (Menaikkan gaji ahli parlimen untuk RM 20,000 dan ADUN RM 15,000)
  ¤ Federal Territories entitled to set up a State with ADUNs – (Wilayah Persekutuan berhak untuk menubuhkan Negeri dibawah ADUN)
  ¤ Government to fund political parties and independent candidates – (Kerajaan membiayai parti-parti politik dan calon-calon bebas)
  ¤ Fair and equal access of funding to all MPs and ADUNs – (Akses yang adil dan saksama pembiayaan kepada semua Ahli Parlimen dan ADUN)
  ¤ Ombudsman to oversee Government
  ¤ Sign on to the UN Universal Declaration of Human Rights

Summary of Proposed Amendments:

Document

No. of Amendments
Federal Constitution 28
Elections Act 11
Election Offences Act 28
Election Commission Act 5
Elections (Conduct of Elections) Regulations 53
Elections (Registration of Electors) Regulations 16
Elections (Postal Voting) Regulations 30
Elections (Advance Voting) Regulations (New) 23
Election Ombudsman Office Act (New) 10
Total 204
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