Professional Documents
Culture Documents
T o P I C
T o P I C
Democracy
and Election
Process
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;
2. Identify the processes involved in the election process in Malaysia;
and
3. Explain the importance of elections.
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.
TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS 115
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.
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
116 TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
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.
ACTIVITY 7.1
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.
(d) Register contesting candidates and ensure candidates fulfil the required
criteria and qualifications.
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.
Federal Constitution
State constitution
Election Act, 1958 (Act 19)
Election Offences Act, 1954 (Act 5)
Rules (Workings of Elections) of Elections, 1981
Rules (Voter registration) of Elections, 2002
Rules (Voting by Post) of Elections, 2003
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.
The Constituency
The Voters
The Candidates
The Electoral process
120 TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
ACTIVITY 7.2
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?
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.
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,
TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS 123
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.
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.
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.
124 TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
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.
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.
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.
TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS 125
ACTIVITY 7.3
In your opinion, does Malaysia need external observers to monitor the workings
of the elections in the country?
7.6 EC BOOTH
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.
126 TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
Postal ballot papers must reach the Managing Officer latest by 5 pm of the day of
voting. Complete procedures are adhered to ensure confidentiality.
SELF-CHECK 7.1
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.
128 TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
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.
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.
TOPIC 7 PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS 129
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/